HomeMy WebLinkAboutTitle 10
48
Title 10
VEHICLES AND TRAFFIC
Chapters :
10.04 General Provisions
10.08 Rules of the Road
10.12 Turning Movements
10.16 Traffic-control Devices
10.20 One-way Streets and Alleys
10.24 Speed Limits
10.28 Stop Intersections
10.32 Stopping, Standing and Parking
10.34 Handicapped Parking
10.40 Taxicabs and Buses
10.44 Miscellaneous Regulations
e 10.48 Bicycles
10.52 Pedestrians
10.56 Traffic Accidents and Violations
10.60 Enforcement
10.64 Abandoned or Junked Vehicles
e 135 (Boz~man 1.85)
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10.04.0 1O~ 10.04.020
. Chapter 10,04 4, "Crosswalk" means:
GENERAL PROVISIONS a. That part of a roadway at an intersection
included within the connections of the lateral
Sections: lines of the sidewalks on opposite sides of the
10,04.010 Title for citation. highway, measured from the curbs, or in the
10.04.020 Definitions. absence of curbs from the edges of the travers-
10.04.030 Official time standard. able roadway;
10.04,040 District boundaries incorporated b. Any portion of a roadway at an intersec-
-Schedule I. tion or elsewhere distinctly indicated for pedes-
10.04.050 Police department administration trian crossing by lines or other markings on the
and enforcement. surface.
10.04.060 Emergency and experimental 5. "Curb loading zone" means a space
regulations authorized when. adjacent to a curb reserved for the exclusive
10.04.070 Obedience to traffic code use of vehicles during the loading or unloading
required, of passengers or materials.
10.04.080 State license plates required. 6. "Driver" or "operator" means every
10.04.090 Obedience to police and fire person who drives or is in actual physical control
department officials. . of a vehicle.
10.04.100 Obedience by public employees. 7. "Freight curb loading zone"
10,04.110 Operating without driver's means a
license or permit prohibited, space adjacent to a curb for the exclusive use
of vehicles during the loading or unloading of
10.04.010 Title for citation. freight or passengers.
. This Title 10 may be known and cited as the 8. "Intersection" means the area embraced
"traffic ordinance." (Prior code ~ 11.04.785) within the prolongation or connections of the
lateral curblines, or, if none, then the lateral
10.04.020 Definitions, boundary lines of the roadways of two highways
The following words and phrases, when used which join one another at or approximately at
in this title, shall for the purpose of this title right angles, or the area within which vehicles
have the meanings respectively ascribed to traveling upon different highways joining at
them in this chapter: any other angle may come in conflict.
1. "Authorized emergency vehicle" means 9. "Laned roadway" means a roadway which
vehicles of the fire department, police vehicles, is divided into two or more clearly marked
and such ambulances and emergency vehicles lanes for vehicular traffic.
of municipal departments or public service cor- 10. "Motorcycle" means every motor vehicle
po rations as are designated or authorized by the having a saddle for the use of the rider and
director of public safety. designed to travel on not more than three wheels
2. "Bicycle" means every device propelled by in contact with the ground, but excluding a
human power upon which any person may ride, tractor.
having two tandem wheels either of which is 11. "Motor-driven cycle" means every motor-
over twenty inches in diameter, and including cycle, including every motorscooter, with a
any device generally recognized as a bicycle motor which produces not to exceed five horse-
though equipped with two front or two rear power, and every bicycle with motor attached.
wheels. 12. "Motor vehicle" means every vehicle
3. "Commercial vehicle" means every vehicle which is self-propelled, and every vehicle which
designed, used or maintained primarily for the is propelled by electric power obtained from
. transportation of property. overhead trolley wires, but not operated upon
rails.
137
10.04.020
13. "Official traffic control devices" means of a roadway and the adjacent property lines, .
all signs, signals, markings and devices not in- intended for the use of pedestrians.
consistent with this title placed or erected by 25. "Stop," when required, means complete
authority of a public body or official having cessation of movement.
jurisdiction, for the purpose of regulating, 26. "Stop," "stopping," or "standing," when
warning or guiding traffic. prohibited, means any stopping or standing of
14. "Park," when prohibited, means the a vehicle, whether occupied or not, except when
standing of a vehicle, whether occupied or not, necessary to avoid conflict with other traffic or
otherwise than temporarily for the purpose of in compliance with the directions of a police
and while actually engaged in loading or un- officer or traffic-control sign or signal.
loading. 27. "Safety zone" means the area or space
15. "Passenger curb loading zone" means a officially set apart within a roadway for the
place adjacent to a curb reserved for the ex. exclusive use of pedestrians, and which is pro~
clusive use of vehicles during the loading or tected or is so marked or indicated by adequate
unloading of passengers. signs as to be plainly visible at all times while
16. "Pedestrian" means any person afoot. set apart as a safety zone.
17. "Person" means every natural person, 28. "Street" or "highway" means the entire
firm, copartnership, association or corporation. width between the boundary lines of every way
18. "Police officer" means every officer of publicly maintained when any part thereof is
the municipal police department, or any officer open to the use of the public for purposes of
authorized to direct or regulate traffic or to vehicular travel, including avenues and alleys.
make arrests for violations of traffic regulations. 29. "Through or arterial highway" means
19. 'Private road" or "driveway" means every every street or highway, or portion thereof, at .
way or place in private ownership and used for the entrances to which vehicular traffic from
vehicular travel by the owner, and those having intersecting streets or highways is required by
express or implied permission from the owner, law to stop before entering or crossing the same,
but not by other persons. and when stop signs are erected as provided in
20. "Railroad" means a carrier of persons this ti tIe.
or property upon cars, other than streetcars, 30. "Traffic" means pedestrians, ridden or
operated upon stationary rails. herded animals, vehicles and other conveyances,
21. "Railroad train" means a steam engine, either singly or together, while using any street
electric, or other motor, with or without cars for purposes of travel.
coupled thereto, operated upon rails, except 31. "Traffic-control signal" means any de-
streetcars. vice, whether manually, electrically or mech-
22. "Right-of.way" means the privilege of anically operated, by which traffic is alternately
the immediate use of the roadway. directed to stop and to proceed.
23. "Roadway" means that portion of a 32. "Traffic division" means the traffic
street or highway improved, designed or ordi- division of the police department of this city;
narily used for vehicular travel. In the event a or, in the event a traffic division is not estab-
highway includes two or more separate road. lished, then said term whenever used in this
ways, the term "roadway" as used herein shall title, shall be deemed to refer to the police
refer to any such roadway separately, but not department of the city.
to all such roadways collectively. 33. "Vehi.cle" means every device in, upon
24. "Sidewalk" means that portion of a or by which any person or property is or may be
street between the curblines or the lateral lines transported or drawn UPCln a highway, except
devices moved by human power or used .
138
10.04.030-10.04.100
e exclusively upon stationary rails or tracks. 10.04.060 Emergency and experimental
34. "Ways of this city open to the public" regulations authorized when.
means any highway, road, alley, lane, parking The director of public safety is empowered
area or other public or private place adapted to make regulations necessary to make effective
and fitted for public travel that is in common the provisions of the traffic ordinances of the
use by the public. (Ord. 1179 ~ I, 1985; prior city and to make and enforce temporary or
code ~~ 11.04.010, 11.04.015, 11.04.020, experimental regulations to cover emergencies
11.04.025, 11.04.030, 11.04.035, 11.04.040) or special conditions. (Prior code ~ 11.04.110)
10.04.030 Official time standard, 10.04.070 Obedience to traffic code required.
Whenever certain hours are named in this It is a misdemeanor for any person to do
title, they shall mean standard time or daylight any act forbidden or fail to perform any act
saving time, as may be in current use in the city. req uired in Chapters 10.04 through 10.60.
(Prior code ~ 11.04.045) (Prior code ~ 11.04.120)
10.04.040 District boundaries incorporated- 10.04,080 State license plates required.
Schedule I. The owner of a motor vehicle shall register
A. The boundaries of the various districts such vehicle with the Motor Vehicle Department
within the City of Bozeman are more particular- of the state, and shall further comply with
ly described in Schedule 1 attached to the ordi- all provisions of the Motor Vehicle Registration
nance codified in this section. Act. The owner shall display in a conspicuous
B. Schedule I-Boundaries of Districts. The place on such registered vehicle the proper li-
e provisions of Title 18 of this code, as amended, cense plates, which must be legible at all times
the short title of which is the zoning ordinance, for a distance of one hundred feet. (Prior code
are by this reference incorporated herein and ~ 11.04.410)
made a part hereof, the same as if fully set forth
herein, for the purpose of designating and 10,04,090 Obedience to police and fire
specifying the boundaries of the various dis- department officials.
tricts within the city. (Prior code ~ 11.04.090 No person shall willfully fail or refuse to
and 11.04.790) comply with any lawful order or direction of
a police officer or fire department official.
10.04,050 Police department administration (Prior code ~ 11.04.125)
and enforcement,
It shall be the duty of the police department 10.04.100 Obedience by public employees.
to enforce the street traffic regulations of the The provisions of Chapters 10,04 through
city, and all of the state vehicle laws applicable 10.60 shall apply to the driver of any vehicle
to street traffic in the city, to make arrests for owned by or used in the service of the United
traffic violations, to investigate accidents, and States Government, the state of Montana, the
to arrest and assist in the prosecution of those county of Gallatin, or the city of Bozeman, and
persons charged with the violations of law caus- it is unlawful for any driver to violate any of
ing or contributing to such accidents, to coop- the provisions of Chapters 10.04 through
erate with the other officers of the city in the 10.60, except as otherwise permitted in Chap-
administration of traffic laws, and in developing ters 10.04 through 10.60, or by state statute.
ways and means to improve traffic conditions (Prior code ~ 11.04.135)
and to carry out those duties specially imposed
e by this title. (Prior code ~ 11.04.095)
139 (Bozeman 3-87)
10.04.110-10.08.010
10,04,110 Operating without driver's license 10.08.110 Procedure on approach of e
or permit prohibited. authorized emergency vehicles.
It is unlawful for any person to operate any 10.08.120 Exemptions for authorized
motor vehicle on the streets or roadways of the emergency vehicles.
city without all licenses or permits now or 10,08.130 Unattended vehicle-Brakes to be
hereafter required by this title, or required by set and engines stopped.
the Montana Uniform Motor Vehicle Operator's 10.08.140 Starting parked vehicles-
and Chauffeurs' License Act and any amend- Right-of-way.
ments thereto. It is unlawful for any person 10.08.150 Unobstructed view while driving
learning to drive a motor vehicle to operate the required.
same upon any arterial or through street of the 10.08.160 Processions-Procedures for
city. It shall be the duty of the police officers drivers,
of the city to arrest any person violating the 10.08.170 Processions-Driving between
provisions of this section, and take possession vehicles prohibited when.
of the vehicle so unlawfully operated un tit 10.08.180 Driving through safety zones
satisfaction of any penalty imposed for such prohibited.
violation. (Prior code ~ 11.04.415) 10.08.190 Following fire apparatus
prohibited,
10.08.200 Crossing fire hose prohibited-
Chapter 10.08 Exception,
10,08.210 Driving while intoxicated or
RULES OF THE ROAD under the influence of drugs
prohibited - Enforcement e
Sections: procedures.
10.08.010 Safe, properly equipped vehicle 10.08,220 Excessive noise or smoke
required, prohibited.
10.08.020 Horns and warning devices 10.08.230 Riding restrictions for drivers
required. and passengers.
10.08,030 Brake equipment and lighting 10.08.240 Driving on sidewalks prohibited-
equipment, Exceptions.
10.08.040 Flag or red light at end of load. 10.08.250 Driving vehicles with leaking
10.08~050 Size and weight of vehicles, loads prohibited.
trailers, loads and tires-State 10.08.260 Red or green lights in front of
regulations applicable. vehicle prohibited-Exceptions.
10,08.060 Driving on right side of street 10.08.270 Careless driving prohibited-
required. Penalty.
10.08.070 Right-of-way at intersections and 10,08.272 Legislative intent.
when entering street. 10.08.280 Reckless driving prohibited-
10,08.080 Meeting of vehicles from Penalty for violation.
opposite directions.
10.08.090 Crossing intersections or 10.08.010 Safe, properly equipped vehicle
railroads on right side required. required.
10.08.100 Following, overtaking and It is a misdemeanor for any person to drive
passing vehicles, or move or for the owner to cause or knowingly
permit to be driven or moved on any highway e
(Bozeman 3-87) 140
10.08.010
e any vehicle or combination of vehicles which
is in such unsafe condition as to endanger any
person, or which does not contain those parts
or is not at all times equipped with such lamps
and other equipment in proper condition and
adjustment as required in this chapter, or which
is equipped in any manner in violation of this
section and Sections 10.08.020 through
10.08.040, 10.08.120, 10.08.210, 10.08.240
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10.08.020-10.08.060
. and 10.08.250, or for any person to do any act vehicle, a red flag not less than twelve inches,
forbidden or fail to perform any act required both in length and width; except that between
under said sections. (Prior code ~ 11.04.405 one hour after sunset and one hour before
(part)) sunrise, there shall be displayed at the end of
such load a red light, visible under normal
10.08.020 Horns and warning devices atmospheric conditions at least two hundred
required. feet from the rear of such vehicle. (Prior code
A. Every motor vehicle, when operated upon ~ 11.04.405 (a))
a street, shall be equipped with a horn in good
working order, capable of emi tting sound 10.08.050 Size and weight of vehicles. trailers,
audible under normal conditions from a distance loads and tires-State regulations
of two hundred feet or more; and it is unlawful, applicable.
except as otherwise provided in this section and A. It is unlawful for any person, firm or
Sections 10.08.010, 10.08.030, 10.08.040, corporation to operate or cause to be operated
10.08.130, 10.08.220, 10.08.250 and 10.08.260, upon any of the streets, avenues or alleys of
for any vehicle to be equipped with, or for any the city any motor vehicle, trailer or towed
person to use on a vehicle any siren, bell, musi- vehicle not complying with the laws of the state
cal horn or any compression or sparkplug and the rules and regulations of the Montana
whistle, or for any person at any time to use a State Highway Commission as to the regulations
horn otherwise than as a reasonable warning, or and restriction of size and weight of motor
to make any unnecessary or unreasonable con~ vehicles and loads, trailers and towed vehicles
tinued loud 9r offensive sound by means of a and tire equipment.
. horn or other warning device. B. The director of public safety shall have
B. Every authorized emergency vehicle shall authority to impose such emergency regulations
be equipped with a bell, siren or exhaust whistle as to weight of motor vehicles and loads as he,
of a type approved by the director of public in his discretion, deems necessary. (Prior code
safety. (Prior code ~ 11.04.405 (b)) ~ 11.04.425)
10.08,030 Brake equipment and lighting 10.08.060 Driving on right side of street
equipment. required.
It is unlawful for any person, firm or corpo- A. Upon all streets except upon one-way
ration to operate, or cause to be operated, upon streets, the operator of a vehicle shall drive the
any of the streets, avenues or alleys of the city same upon the right half of the street only,
any motor vehicle, trailer or towed vehicle not and the operator of a slow.moving vehicle shall
complying with the laws of the state and the drive the same as close as possible to the right~
rules and regulations of the Montana State hand curb of the street unless it is impracticable
Highway Patrol as to brake equipment and light- to travel on such side of the street, and except
ing equipment on such vehicles. (Prior code ~ when overtaking and passing another vehicle,
11.04.405 (f)) subject to the limitations applicable by law in
overtaking and passing.
10.08.040 Flag or red light at end of load. B. The foregoing provisions of this section
Whenever the load on any vehicle extends shall not be deemed to prevent the marking of
more than four feet beyond the rear of the bed lanes for traffic upon any street and the allo~
or body thereof, there shall be displayed at the cation of designated lanes to traffic moving in
. end of such load in such a position as to be a particular direction or at designated speeds.
clearly visible at all times from the rear of such (Prior code ~ 11.04.330)
141
1 0.08.070~ 1 0.08.1 00
10.08.070 Right-of-way at intersections and 2. The driver of a vehicle shall likewise stop .
when entering street. in obedience to a stop sign, as required in this
A. Vehicles Approaching or Entering Inter- title, at an intersection where a stop sign is
section. erected at one or more entrances thereto al-
l. The driver of a vehicle approaching an though not a part of the through or arterial
intersection shall yield the right-of-way to a highway or street, and shall proceed cautiously,
vehicle which has entered the intersection from yielding to vehicles not so obliged to stop which
a different highway or street. are within the intersection or approaching so
2. When two vehicles enter an intersection closely as to constitute an immediate hazard,
from different streets or highways at approxi- but may then proceed.
mately the same time, the driver of the vehicle D. Vehicle Entering Highway or Street From
on the left shall yield the right-of-way to the Private Road or Driveway. The driver of a ve-
vehicle on the right. hicle about to enter or cross a highway or street
3. The right-of-way rules declared in sub- from a private road or driveway shall yield the
divisions 1 and 2 above are modified at through right-of-way to all vehicles approaching on the
or arterial highways and streets and otherwise highway or street. (Prior code @ 11.04.370)
as hereinafter stated in this section.
B. Vehicle Turning Left at Intersection. The 10.08.080 Meeting of vehicles from opposite
driver of a vehicle within an intersection in- directions,
tending to turn to the left shall yield the right- Operators of vehicles proceeding in opposite
of-way to any vehicle approaching from the directions shall pass each other to the right,
opposite direction which is within the inter- each giving to the other at least one-half of the
section or so close thereto as to constitute main-traveled portion of the roadway as nearly .
an immediate hazard, but the driver, having so as possible. (Prior code S 11.04.340)
yielded and having given a signal when and as
required by this title, may make such left turn, 10,08.090 Crossing intersections or railroads
and the drivers of all other vehicles approaching on right side required.
the intersection from the opposite direction In crossing an intersection of streets or the
shall yield the right-of-way to the vehicle making intersection of a street by a railroad right-of-
the left turn. way, except upon a one-way street, the operator
C. Vehicle Entering Through or Arterial of a vehicle shall at all times cause such vehicle
Highway or Street or Stop Intersection. to travel on the right half of the street, unless
1. The driver of a vehicle shall stop as re- such right half is obstructed or impassable.
quired by this title at the entrance to a through (Prior code S 11.04.335)
or arterial highway or street and shall yield the
right-of-way to other vehicles which have 10.08.100 Following, overtaking and passing
entered the intersection from the through or vehicles.
arterial highway or street or which are approach- A. The operator of a vehicle overtaking
ing so closely on the through or arterial highway another vehicle proceeding in the same direction
or street as to constitute an immediate hazard, shall pass at a safe distance to the left thereof,
but the driver so yielded may proceed, and and shall not again drive to the right side of the
the drivers of all other vehicles approaching street until safely clear of such overtaken ve-
the inrersection on the through or arterial hide, except where traffic lanes are plainly
highway or street shall yield the right-of-way marked.
to the vehicle so proceeding into or across the B. Limitations on Privilege of Overtaking .
through or arterial highway or street. and Passing.
142
10.08.110-10.08.120
. 1. The operator of a vehicle shall not drive the roadway clear of any intersection, and
to the left side of the centerline of a street in shall stop and remain in such position until the
overtaking and passing other vehicles proceeding authorized emergency vehicle has passed,
in the same direction unless such left side is except when otherwise directed by a police
clearly visible and is free of oncoming traffic officer;
for a sufficient distance ahead to permit such B, This section shall not operate to relieve
overtaking and passing to be made in safety. the driver of an authorized emergency vehicle
The foregoing provision of this section shall from the duty to drive with due regard for the
not apply upon one-way streets or upon streets safety of all persons using the highway. (Prior
laned for traffic, in which later event vehicles code~ 11.04.350)
traveling in lanes shall move in the direction
permitted in such lanes. 10,08.120 Exemptions for authorized
2. The operator of a vehicle shall not over- emergency vehicles.
take and pass another vehicle proceeding in the A. The driver of an authorized emergency
same direction at any steam or electric railroad vehicle, when responding to an emergency
grade crossing, nor at any intersection of streets. call or when in the pursuit of an actual or sus-
C. Operator To Give Way To Overtaking pected violator of the law, or when respond-
Vehicles. The operator of a vehicle upon a ing to but not upon returning from a fire alarm,
street about to be overtaken and passed by may exercise the privileges set forth in this
another vehicle approaching from the rear section, but subject to the conditions herein
shall give way to the right in favor of the over- stated.
taking vehicle on suitable and . audible signal B, The driver of an authorized emergency
. being given by the driver of the overtaking vehicle may:
vehicle, and shall not increase the speed of his l. Park or stand, irrespective of the provi-
vehicle until completely passed by the over- sions of this title;
taking vehicle. 2. Proceed past a red or stop signal or stop
D. Following Too Closely. The operator of sign, but only after slowing down as may be
a motor vehicle shall not follow another vehicle necessary for safe operation;
more closely than is reasonable and prudent, 3. Exceed the prima facie speed limits so
having due regard to the speed of such vehicles long as he does not endanger life or property;
and the traffic upon and condition of the 4. Disregard regulations governing direction
street. (Prior code ~ 11.04.345) of movement or turning in specified directions.
C. The exemptions herein granted to an
10.08.110 Procedure on approach of authorized emergency vehicle shall apply only
authorized emergency vehicles, when the driver of any such vehicle, while in
Upon the immediate approach of an autho- motion, sounds audible signal by bell, siren or
rized emergency vehicle equipped with at exhaust whistle as may be reasonably necessary,
least one lighted lamp exhibiting red light and when the vehicle is equipped with at least
visible under normal atmospheric conditions one lighted lamp displaying a red light visible
from a distance of five hundred feet to the front under normal atmospheric conditions from a
of such vehicle and when the driver is giving distance of five hundred feet to the front of
audible signal by siren, exhaust whistle or bell; such vehicle, except that an authorized emer-
A. The driver of every other vehicle shall gency vehicle operated as a police vehicle need
yield the right-of-way and shall immediately not be equipped with or display a red light
. drive to a position parallel to, and as close visible from in front of the vehicle,
as possible to, the righthand edge or curb of D. The foregoing provisions shall not relieve
143
._~-- -- ---~.-.-
10.08.130-10.08.170
the driver of an authorized emergency vehicle the right-of-way to such vehicle. (Prior code .
from the duty to drive with due regard for the S 11.04.320)
safety of all persons, nor shall such provisions
protect the driver from the consequences of 10.08.150 Unobstructed view while driving
his reckless disregard for the safety of others. required.
(Prior code S 11.04.140) A. It is unlawful for the operator of any
vehicle to drive the same when such vehicle is
10.08.130 Unattended vehicle-Brakes to be so loaded or when there are in the front seat
set and engines stopped. of such vehicle such number of persons as to
No person having control or charge of a obstruct the view of the operator to the front
motor vehicle shall allow such vehicle to stand or sides, or to interfere with the operator's
on any street unattended without first setting control over the driving mechanism of the vehicle.
the brakes thereon and stopping the motor of B. It is unlawful for any passenger in a
the vehicle, and when standing upon a percep- vehicle to ride in such a position as to interfere
tible grade, without turning the wheels of such with the operator's view ahead, or to the sides,
vehicle to the curb or the side of the street or or to interefere with the operator's control over
highway. (Prior code S 11.04.405 (e)) the driving mechanism of the vehicle.
C. It is unlawful for the operator of any
10.08.140 Starting parked vehic1es- vehicle to drive the same when such vehicle is
Right-of-way. equipped with cardboard or other opaque
A. No person shall start a vehicle which material as a substitute for window glass, or
is stopped, standing or parked unless such when the windshield or windows are so covered
movement can be made with reasonable safety. with frost, snow, ice, dirt or mud as to obstruct .
B, Any person starting a vehicle from a the view of the operator to the front, sides or
parallel parked position at the curb or edge of rear thereof. (Prior code S 11,04.400)
a roadway, before making such movement,
shall yield the right-of-way to all vehicles which 10.08,160 Processions-Procedures for drivers.
are approaching so closely as to constitute an Each driver in a funeral or other procession
immediate hazard, but the driver, having so shall drive as near to the right hand edge of the
yielded and having given a signal as required by roadway as practical, and shall follow the vehicle
this title for a left-turn movement, may proceed ahead as closely as is practical and safe. (Prior
from said parked position into the nearest lane code S 11.04.310)
for moving traffic, and the drivers of all other
vehicles approaching and proceeding in the 10.08.170 Processions-Driving between
same direction shall yield the right-of-way to vehicles prohibited when,
such vehicle. No driver of a vehicle shall drive between
C. Any person backing a vehicle from a the vehicles comprising a funeral or other autho-
parked position at the curb or edge of a road- rized procession while they are in motion and
way, before making such movement, shall yield when such vehicles are conspicuously designated
the right-of-way to all vehicles which are ap- as required in this chapter. This provision shall
proaching so closely as to constitute an imme- not apply at intersections where the traffic is
diate hazard, but the driver, having so yielded, controlled by traffic control signals or police
may proceed from the parked position into officers. (Prior code S 11.04.305)
the nearest lane for moving traffic, and the
drivers of all other vehicles approaching and
proceeding in the same direction shall yield .
144
-- --~----------- ~._-_..__..__._- ----------
10.08.180-10.08.210
e 10.08.180 Driving through safety zones tion of this section will be punished by im-
prohibited. prisonment for not more than six months, or
No vehicle shall at any time be driven through by fine not exceeding five hundred dollars, or by
or within a safety zone when occupied by a both such fine and imprisonment. On second
pedestrian. (Prior code ~ 11.04.325) conviction, he shall be punished by imprison-
ment in the city jail for not less than ten days
10.08.190 Following fire apparatus nor more than six months, to which may be
prohibited. added, at the discretion of the court, a sum of
The driver of any vehicle other than one on not less than three hundred dollars nor more
official business shall not follow any fire appara- than five hundred dollars. On the third or sub-
tus traveling in response to a fire alarm closer sequent conviction he shall be punished by
than two hundred feet, or drive into or park imprisonment for a term of not less than thirty
such vehicle within the block where fire appa- days nor more than one year, to which may be
ratus has stopped in answer to a fire alarm. added, at the discretion of the court, a sum of
(Prior code ~ 11.04,295) five hundred dollars but not more than one
thousand dollars.
10,08.200 Crossing fire hose prohibited~ D. Whenever it appears reasonably certain to
Exception. any police officer that any person under the
No vehicle shall be driven over any unpro- influence of or affected by the use of
tected hose of the fire department when laid intoxicating liquor or of any drug or narcotic
down on any street, private driveway or railway is about to operate a vehicle in violation of
track, to be used at any fire or alarm of fire, subsection A or B of this section, the officer
e without the consent of the fire department may take reasonable measures to prevent any
official in command. (Prior code ~ 11.04.300) such person from so doing, either by taking
from him the keys of such vehicle and locking
10.08.210 Driving while intoxicated or under the same, or by some other appropriate means.
the influence of drugs prohibited- In any such case, the officer shall immediately
Enforcement procedures, report the facts to the police department and
A. It is unlawful and punishable as provided shall, as soon as possible, deposit the keys or
in subsection C of this section for any person other articles, if any, taken from the vehicle
who is under the influence of intoxicating liquor or person with the police department. Such
to drive or to be in actual physical control of keys or other articles may be returned to any
any vehicle within this municipality. such person upon his demand and proper identi-
B. It is unlawful and punishable as provided fication of himself when it appears that he is
in subsection C of this section for any person no longer under the influence of intoxicating
who is an habitual user of or under the influence liquor, drug or narcotic.
of any narcotic drug, or who is under the in. E, In any criminal prosecution for a violation
f1uence of any other drug to a degree which of subsection A of this section, relating to driv-
renders him incapable of safely driving a motor ing a vehicle while under the influence of intoxi-
vehicle, to drive a motor vehicle within this cating liquor, the amount of alcohol in the
municipality. The fact that any person charged defendant's blood at the time alleged, as shown
with a violation of this subsection is or has been by chemical analysis of the defendant's blood,
entitled to use such drug under the laws of this urine, breath or other bodily substance, shall
state or municipality shall not constitute a give rise to the following presumptions:
defense against any charge of violating this 1. If there was at that time 0.05 percent or
subsection. less by weight of alcohol in the defendant's
e c. Every person who is convicted of a viola- blood, it shall be presumed that the defendant
(Bozeman 3-87)
145
10,08,220-10.08.270
was not under the influence of intoxicating person ride other than upon a firmly attached e
liquor. seat to the rear or side of the operator. This
2. If there was at that time in excess of provision shall not apply to an employee en-
0.05 percent, but less than 0.10 percent by gaged in the necessary discharge of a duty, or
weight of alcohol in the defendant's blood, to persons riding within a truck body in space
such fach shall not give rise to any presump- intended for merchandise. (Prior code @
tion that the defendant was or was not under 11.04,375)
the influence of intoxicating liquor, but such
facts may be considered with other competent 10,08.240 Driving on sidewalks prohibited-
evidence in determining the guilt or innocence Exceptions.
of the defendant. The driver of a vehicle shall not drive within
3. If there was at that time 0.1 0 percent or any sidewalk area except at a permanent or
more by weight of alcohol in the defendant's temporary driveway, except authorized vehicles
blood, it shall be presumed that the defendant of the city engaged in rendering public services.
was under the influence of intoxicating liquor. (Prior code @ 11,04,315)
4. Percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one 10.08.250 Driving vehicles with leaking loads
hundred cubic centimeters of blood. prohibited.
5. The foreging provisions of paragraphs I No vehicle shall be driven or moved on any
through 4 of this subsection shall not be con- street unless such vehicle is so constructed or
strued as limiting the introduction of any other loaded as to prevent its contents from dropping,
competent evidence bearing upon the question sifting, leaking or otherwise escaping therefrom.
whether or not the defendant was under the (Prior code @ 11.04.405 (c)(3)) e
influence of intoxicating liquor. (Prior code
~ 11.04.372) 10.08,260 Red or green lights in front of
vehicle prohibited-Exceptions.
10.08.220 Excessive noise or smoke It is unlawful for any person to drive or move
prohibited. any vehicle upon a highway with any red or
A. No person shall drive a motor vehicle on green light thereon visible from directly in front
a street unless such motor vehicle is equipped thereof. This section shall not apply to police
with a muffler in good working order and in or fire department or tIre patrol vehicles, nor to
constant operation to prevent excessive or any vehicles required or permitted by state law
unusual noise and annoying smoke, or regulation to display small red or green clear-
B. It is unlawful to use a muffler cutout on ance lamps on the front. (Prior code @
any motor vehicle on a street. (Prior code ~ 11.04.405 (d))
11.04.405 (c)(l) and (2))
10.08,270 Careless driving prohibited-
10.08.230 Riding restrictions for drivers and Penalty.
passengers, A. A person operating or driving a vehicle of
No person shall ride on any vehicle, nor shall any character on the ways of the city open to
any driver or operator permit riding on any the public shall drive it in a careful and prudent
vehicle upon any portion thereof not designed manner so as not to unduly or unreasonably en-
or intended for the use of passengers, and no danger the life, limb, property or other rights
person operating a motorcycle, motor-driven of a person entitled to the use of the way.
cycle or bicycle shall ride other than upon the
permanent and regular seat attached thereto B. Any person who violates this section shall
or carry any other person nor shall any other be deemed guilty of a misdemeanor and upon e
(Bozeman 3.B7) 146
10.08.272
e conviction thereof shall be fined in an amount
of not less than twenty-five dollars or more than
five hundred dollars. (Ord. 1179 ~ 2, 1985)
10.08.272 Legislative intent.
It is the intent of the city commission that
the criminal offense listed in Section 10.08.270
be an offense involving absolute liability. This
offense shall not require proof of anyone of the
mental states described in subsections (33),
(37), and (58) of Section 45-2-101, M.C.A.
(Ord. 11 79 ~ 3, 1985)
e
e 146-1 (Bozeman 3-87)
e
e
e
10.08.280-10.12.020
. 10.08.280 Reckless driving prohibited~ made in that portion of the right half of the
Penalty for violation. roadway nearest the centerline thereof, and
A. Any person who drives any vehicle in after entering the intersection the left turn
wilful or wanton disregard for the safety of shall be made so as to leave the intersection to
persons or property is guilty of reckless driving. the right of the centerline of the roadway being
B. Every person convicted of reckless driving entered.
shall be punished upon a first conviction by C. Approach for a left turn from a two-way
imprisonment for a period of not more than street into a one-way street shall be made in that
ninety days, or by fine not exceeding three portion of the right half of the roadway nearest
hundred dollars, or by both such fine and the centerline thereof and by passing to the
imprisonment, and on a second or subsequent right of such centerline where it enters the
conviction shall be punished by imprisonment intersection. A left turn from a one-way street
for not less than ten days nor more than six into a two-way street shall be made by passing
months, or by fine not exceeding five hundred to the right of the centerline of the street
dollars, or by both such fine and imprison- being entered upon leaving the inte~ection.
ment. (Prior code ~ 11.04.374) D. Where both streets or roadways are one-
way, both the approach for a left turn and
a left turn shall be made as close as practicable
Chapter 10.12 to the lefthand curb or edge of the roadway.
(Prior code ~ 11.04.205)
TURNING MOVEMENTS
10,12,020 Signals required for turning.
. Sections: A. The operator of any vehicle upon a
10,12,010 Turning at intersections- highway, street or roadway, before starting,
Position and method. stopping, turning from a direct line or moving
10.12.020 Signals required for turning. out from a parking place, shall first see that
10.12.030 Hand and ann signals described, such movement can be made in safety, and
10.12.040 Mechanical signaling devices whenever the safety of any pedestrian or the
required when. operation of any other vehicle may be affected
10.12.050 Turning markers-Placement by such movement, shall give a signal as required
authorized-Driver obedience in this section, plainly visible to the driver of
required. such other vehicle of the intention to make such
10.12.060 Restricted right, left or U turns- movement.
Signs authorized. B. A signal of intention to turn right or
10.12.070 No-turn signs-Driver obedience left when required shall be given continuously
required. during not less than the last one hundred feet
10.12,080 Turning around- Restrictions. traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease
10.12.010 Turning at intersections-Position the speed of a vehicle without first giving an
and method. appropriate signal in the manner provided herein
The driver of a vehicle intending to turn at to the driver of any vehicle immediately to the
an intersection shall do so as follows: rear when there is opportunity to give such
A. Both the approach for a right turn and a signal.
right turn shall be made as close as practical to D. Signals by Hand and Arm or Signal
the right hand curb or edge of the roadway. Device. Any stop or turn signal, when required
. B. Approach for a lefthand turn shall be in this title, shall be given either by means of
147
10.12,030-10.12.080
the hand and arm, or by a signal lamp or lamps B. When authorized markers, buttons or .
or mechanical signal-device of a type approved other indications are placed within an intersec-
by the police department, but when a vehicle is tion indicating the course to be traveled by
so constructed or loaded that a hand and arm vehicles turning thereat, no driver of a vehicle
signal would not be visible both to the front and shall disobey the directions of such indications.
rear of such vehicle then said signals must be (Prior code ~ 11.04.220)
given by such a lamp or lamps or signal device.
E. For the method of giving hand and arm 10.12.060 Restricted right, left or U tums-
signals, see Section 10.12.030. (Prior code Signs authorized.
~ 11.04.365) The director of public safety is authorized
to determine those intersections at which drivers
10,12.030 Hand and arm signals described. of vehicles shall not make a right, left or U turn,
All signals required in this title given by hand and shall place proper signs at such intersections.
and arm shall be given from the left side of The making of such turns may be prohibited
the vehicle in the following manner, and such between certain hours of any day and per-
signals shall indicate as follows: mitted at other hours, in which event the same
A. Left turn: hand and arm extended hori- shall be plainly indicated on the signs, or they
zontally. may be removed when such turns are permitted.
B. Right turn: hand and arm extended (Prior code ~ 11.04.225)
upward.
C. Stop or decrease speed: hand and arm 10,12.070 No-turn signs-Driver obedience
extended downward. (Prior code S 11.04.210) required.
Whenever authorized signs are erected indicat. .
10.12.040 Mechanical signaling devices ing that no right or left or U turn is permitted,
required when. no driver of a vehicle shall disobey the directions
Any stop or turn signal, when required in of any such sign. (Prior code ~ 11.04.230)
this title, shall be given either by means of the
hand and arm or by a signal lamp or lamps or 10.12.080 Turning around-Restrictions.
mechanical signal-device of a type approved by The driver of any vehicle shall not turn such
the police department, but when a vehicle is vehicle so as to proceed in the opposite direc-
so constructed or loaded that a hand and arm tion upon any street in the main business dis-
signal would not be visible both to the front and trict, and shall not upon any other street so
rear of such vehicle, then the signals must be turn a vehicle unless such movement can be
given by such a lamp or lamps or signal device. made in safety and without interfering with
(Prior code ~ 11.04.215) other traffic, (Prior code ~ 11.04.235)
10.12.050 Turning markers-Placement
authorized- Driver obedience
required.
A. The director of public safety is authorized
to place markers, buttons or signs within or adja-
cent to intersections indicating the course to be
traveled by vehicles turning at such intersec- ..
tions, and such course to be traveled as so indi-
cated may conform to or be other than as pre-
scribed by law or ordinance. .
148
10.16.010-10.16.040
. Chapter 10.16 inconsistent with the provisions of state law
or this chapter shall be official traffic-control
TRAFFIC.CONTROL DEVICES devices, (Prior code S 11.04.150)
Sections: 10.16,030 Driver obedience required-
10.16.010 Installation-Director of public Exceptions.
safety authority. The driver of any vehicle shall obey the in.
10..16.020 Manual and specifications for structions of any official traffic.control device
official devices. applicable thereto placed in accordance with the
10.16.030 Driver obedience required- traffic ordinances of this city, unless otherwise
Exceptions. directed by a police officer, subject to the ex-
10.16.040 Traffic-control signals described ceptions granted the driver of an authorized
. - Effect. emergency vehicle in this title. (Prior code S
10,16,050 Pedestrian walk and wait signals. 11.04.155)
10.16.060 Flashing red or yellow signals.
10.16.070 Traffic lanes, crosswalks and 10,16,040 Traffic.control signals described-
safety zones-Designation Effect,
authorized when. A. Whenever traffic is controlled by traffic-
10.16.080 Unauthorized signs, signals or control signals exhibiting the words "go,"
markings described-Public "caution" or "stop," or exhibiting different
nuisance- Removal, colored lights successively one at a time, or
10.16.090 Interference with traffic controls with arrows, the following colors only shall be
. or railroad signals prohibited. used, and such terms and lights shall indicate
and apply to drivers of vehicles and pedestrians
10,16.010 Installation-Director of public as follows:
safety authority. 1. Green Alone or "Go."
The director of public safety shall place and a. Vehicular traffic facing the signal may
maintain traffic.control signs, signals, and de. proceed straight through or turn right or left
vices when and as required under the traffic unless a sign at such place prohibits either
ordinances of this city to make effective the such turn; but vehicular traffic, including
provisions of such ordinances, and may place vehicles turning right or left, shall yield the
and maintain such additional traffic.control right.of-way to other vehicles and to pedes.
devices as he may deem necessary to regulate trians lawfully within the intersection or an
traffic under the traffic ordinances of this adjacent crosswalk at the time such signal is
city or under state law, or to guide or warn exhibited.
traffic. (Prior code S 11.04.145) b. Pedestrians facing the signal may proceed
across the roadway within any marked or un.
10.16.020 Manual and specifications for marked crosswalk.
official devices. 2. Yellow Alone or "Caution" When Shown
All traffic.control signs, signals and devices Following the Green or "Go" Signal.
shall conform to the manual and specifications a. Vehicular traffic facing the signal is there.
approved by the city commission. All sign and by warned that the red or "stop" signal will be
signals required under this title for a particular exhibited immediately thereafter, and such
purpose shall so far as practicable be uniform vehicular traffic shall not enter or be crossing
as to type and location throughout the city. the intersection when the red or "stop" signal
. All traffic.control devices so erected and not is exhibited.
149
10,16.050-10.16.070
b. Pedestrians facing such signal are thereby before entering the intersection, and the right .
advised that there is insufficient time to cross to proceed shall be subject to the rules appli-
the roadway, and any pedestrian then starting cable after making a stop at a stop sign,
to cross shall yield the right-of-way to all ve- B, Flashing Yellow (Caution Signal). When a
hicles. yellow lens is illuminated with rapid intermit-
3. Red Alone or "Stop." Vehicular traffic tent flashes, drivers of vehicles may proceed
facing the signal shall stop before entering the through the intersection or past such signal
crosswalk on the near side of the intersection only with caution. (Prior code ~ 11.04.170)
or, if none, then before entering the inter-
section, and shall remain standing until green or 10.16.070 Traffic lanes, crosswalks, and safety
"go" is shown alone. zones- Designation authorized
B. In the event an official traffic-control when,
signal is erected and maintained at a place other The director of public safety is authorized:
than an intersection, the provisions of this A. To designate and maintain, by appropriate
. section shall be applicable except as to those devices, marks or lines upon the surface of the
provisions which by their nature can have no roadway, crosswalks at intersections where, in
application. Any stop required shall be made his opinion, there is particular danger to pedes-
at a sign or marking on the pavement indicating trians crossing the roadway, and at such other
where the stop shall be made, but in the absence places as he may deem necessary;
of any such sign or marking the stop shall be B. To designate and maintain, by appropriate
made at the signal. (Prior code ~ 11.04.160) signs or other marking devices, school crossing
zones;
10.16,050 Pedestrian walk and wait signals. C. To establish safety zones of such kind and .
Whenever special pedestrian-control signals character and at such places as he may deem
exhibiting the words "walk" or "wait" are in necessary for the protection of pedestrians;
place, such signals shall indicate as follows: D. To mark lanes for traffic on street pave-
A. Walk. Pedestrians facing such signal may ments at such places as he may deem advisable,
proceed across the roadway in the direction of consistent with the traffic ordinances of the
the signal, and shall be given the right-of-way city;
by the drivers of all vehicles. E. When authorized by the city commission
B. Wait. No pedestrian shall start to cross and pending adoption of amendments to this
the roadway in the direction of such signal, but chapter or new ordinances repealing this chapter
any pedestrian who has partially completed his or parts thereof, to issue orders to change, in-
crossing on the walk signal shall proceed to a crease or decrease the streets, zones, public
sidewalk or safety zone while the wait signal places or other areas described in Schedule I,
is showing. (Prior code ~ 11.04.165) Section 10.04.040 ; Schedule II, Section
10.24.050; Schedule III, Section 10.24.060;
10.16.060 Flashing red or yellow signals. Schedule IV, Section 10.24.070; Schedule V,
Whenever flashing red or yellow signals are Section 10.20.020; Schedule VI, Section
used, they shall require obedience by vehicular 10.28.080; Schedule VII, Section 10.32.420;
traffic as follows: Schedule VIII, Section 10.32.430; and Schedule
A. Flashing Red (Stop Signal). When a red IX, Section 10.32.440, and to erect or install
lens is illuminated with rapid intermittent such signs, pavement-markings or otker devices
f1ashes, drivers of vehicles shall stop before as may be required by such orders. (Prior code
entering the nearest crosswalk at an intersection ~ 11.04.185)
or at a limit line when marked, or, if none, then .'
150
~-
10.16.080-10.20.020
10.16.080 Unauthorized signs, signals or Chapter 10.20
. markings described - Public ONE-W A Y STREETS AND ALLEYS
nuisance- Removal.
A. No person shall place, maintain or display Sections:
upon or in view of any street or highway any 10,20.010 Designation-Sign placement-
unauthorized sign, signal, marking or device Traffic movement restricted.
which purports to be or is an imitation of or 10.20.020 One-way streets designated.
resembles an official traffic-control device or
railroad sign or signal, or which attempts to 10.20,010 Designation-Sign placement-
direct the movement of traffic, or which hides Traffic movement restricted.
from view or interferes with the effectiveness A. Whenever any city ordinance designates
of any official traffic-control device or any anyone-way street or alley, the director of
railroad sign or signal, and no person shall public safety shall place and maintain signs
place or maintain, nor shall any public authority giving notice thereof, and no such regulation
permit upon any highway any traffic sign or shall be effective unless such signs are in place.
signal bearing thereon . any commercial ad- Signs indicating the direction of lawful traffic
vertising. This shall not be deemed to prohibit movement shall be placed at every intersection
the erection upon private property adjacent where movement of traffic in the opposite
to highways of signs giving useful directional direction is prohibited.
information and of a type that cannot be B. Upon those streets and parts of streets
mistaken for official signs. and in those alleys described in Schedule V
B, Every such prohibited sign, signal or attached to the ordinance codified in this sec-
. marking is declared to be a public nuisance, tion and made a part hereof, vehicular traffic
and the authority having jurisdiction over the shall move only in the indicated direction when
highway is empowered to remove the same or signs indicating the direction of traffic are erect-
cause it to be removed without notice, (Prior ed and maintained at every intersection where
code ~ 11.04.175) movement in the opposite direction is pro.
Interference with traffic controls hibited. (Prior code ~ 11.04.240)
10,16.090
or railroad signals prohibited. 10.20.020 One-way streets designated.
No person shall, without lawful authority, In accordance with Section 10.20.010 and
attempt to or in fact alter, deface, injure, knock when properly signed, traffic shall move only in
down or remove any official traffic-control the direction indicated upon the following
device or any railroad sign or signal, or any described alley:
inscription, shield or insignia thereon, or any I. All that part of the dedicated alley
other part thereof, (Prior code ~ 11,04.180) between Main Street and Babcock Street from
the east right-of-way line of Ninth Avenue to
the west right-of-way line of Eighth A venue.
(Ord. 1231, 1987: Ord. 1210, 1986; prior
code ~ 11.04.810)
. 151 (Bozeman IO.89)
--.............-. .-
10.24.0] 0-1 0.24.020
Chapter ] 0.24 following, but in any case when such speed .
would be unsafe it shall not be lawful:
SPEED LIMITS I. Highways. No driver of a motor vehicle
shall operate same at a speed less than fifteen
Sections: miles an hour on any through or arterial high-
10.24,010 Speed regulations-General rule. way;
10.24.020 Specific speed restriction areas, 2. Intersections. Speed limits at intersections
are: Fifteen miles an hour when making a right
10.24.030 Traffic-signal timing and or left hand turn at any intersection of streets;
placement. fifteen miles an hour when approaching within
10.24.040 Quiet zones-Violating fifty feet of any intersection of streets when
restrictions deemed reckless the driver's view is obstructed. A driver's view
driving. shall be deemed to be obstructed when, at any
10.24.050 School speed zones designated- time during the last fifty feet of his approach
Schedule II. to such intersection, he does not have a clear
10.24.060 School crossing zones designated and uninterrupted view of such intersection and
-Schedule III. of the traffic upon all of the streets entering
10.24.070 Graduated speed zones such intersection for a distance of two hundred
designated-Schedule IV, feet from such intersection;
3. Slow or Danger Signs. Speed limit IS
10.24.010 Speed regulations-General rule. fifteen miles an hour when passing "slow" or
Every person operating or driving a vehicle of "danger" signs;
any character on a public street or roadway of 4. Graduated Speed Zones. There are created .
in the city graduated speed zones, the limits
the city shall drive the same in a careful and of which are more particularly described in
prudent manner, and at a rate of speed no Schedule IV (Section 10,24.070, attached to
greater or no less than is reasonable and proper the ordinance codified herein and made a part
under the conditions existing at the point and hereof, wherein it is unlawful for any operator
time of operation, taking into account the of any vehicle to drive at a speed greater than
amount and character of traffic, condition thirty-five miles an hour;
of brakes, width of vehicle, grade and width of 5. Railway Grade Crossings. Speed limit is
street or roadway, condition of surface, freedom fifteen miles an hour when approaching within
of obstruction to view ahead, and all other con- fifteen feet of a grade crossing of any railway
ditions then existing, and so as not to unduly when the driver's view is obstructed. A driver's
endanger the life, limb, property or other rights view shall be deemed to be obstructed when
of any person entitled to the use of the street at any time during the last two hundred feet
or roadway. (Prior code ~ 11.04,190) of his approach to such crossing he does not
have a clear and uninterrupted view of such
10.24.020 Specific speed restriction areas, railway crossing and of any traffic on such
railway crossing, and of any traffic on such
A, Subject to the provisions of Section railway for a distance of four hundred feet in
10,24,010, and except in those instances where each direction from suchcrossing;
a lower speed is specified in this chapter, it shall 6. School Speed Zones. There are created
be prima facie lawful for the driver of a vehicle in the city school speed zones, the limits of
to drive the same at a speed not exceeding the which are more particularly described in Sched- .
ule II attached to the ordinance codified herein
(Bozeman 10-89) 152
1 0.24.030~ 10.24.050
. and made a part hereof (Section 10.24.050), 10.24,030 Traffic-signal timing and placement.
wherein it is unlawful for any operator of any The director of public safety is authorized
vehicle to drive at a speed greater than fifteen to regulate the timing of traffic signals so as to
miles an hour, between the hours of eight a.m. permit the movement of traftlc in an orderly
and four-thirty p.m. on days or parts of days and safe manner at speeds slightly at variance
when school is in session; from the speeds otherwise applicable within
7. School Crossing Zones. There are created the district or at intersections designated in
in the city school crossing zones, the limits of Sections 10.24.020 and 10.24.040, and shall
which are more particularly described in Sched- erect appropriate signs giving notice thereof.
ule III, attached to the ordinance codified (Prior code ~ 11.04.200 (k))
herein and by this reference made a part hereof
(Section 10.24.060), and it is unlawful for any 10.24.040 Quiet zones-Violating restrictions
operator of any vehicle between the hours of deemed reckless driving.
eight a.m. and four-thirty p.m, on days or parts A. There are created in the city quiet zones,
of days when school is in session to drive at a the limits of which are defined as follows:
speed greater than fifteen miles an hour when Deaconess Hospital Quiet Zone. All that
approaching within fifty feet or in traversing part of Tracy Avenue between the north line
said school crossing zones. Upon those crossings of Mendenhall Street and the south line of
which have been signed or marked as school Villard Street; all that part of Willson Avenue
crossing zones, it is unlawful for the operator between the north line of Mendenhall Street
of any vehicle to fail to bring a vehicle to a and the south line of Villard Street; all that
complete stop when such crossing is occupied part of Lamme Street between the west line
. by a pedestrian; of Black Avenue and the east line of Grand
8. Curves, Grades, and in Cemetery. Speed Avenue, and all that part of Beall Street be-
limit is fifteen miles an hour in any cemetery tween the west line of Black A venue and the
or in traversing or going around curves or tra- east line of Grand Avenue.
versing a grade upon a street when the driver's B. It is unlawful in such quiet zones to drive
view is obstructed within a distance of one hun- or operate any vehicle in a noisy or offensive
dred feet along such street or highway in the manner so as to cause any discomfiture what-
direction in which he is proceeding; ever to the patients in said hospital; and any
9. Other Conditions. The speed limi t is person driving or operating a motor vehicle
twenty-five miles an hour under all other con- within such quiet zones contrary to the pro-
ditions. visions of this section and Section 10.04.020
B. It shall be prima facie unlawful for any and 10.04.030 shall be deemed guilty of reck-
person to exceed any of the speed limitations less driving and shall be punished as provided
set out in this section and Sections 10.24.030 in this title; every person in charge of a vehicle
and 10.24.040. In every charge of violation of shall exercise special care to approach and pro-
this section or regulations in Sections 10.24.030 ceed through such zones as noiselessly as pos-
and 10.24.040, the complaint shall specify the sible. (Prior code ~ 11.04.200 (h))
speed at which the defendant is alleged to have
driven, also the speed which the section de- 10.24.050 School speed zones designated-
clares shall be prima facie lawful at the time Schedule II.
and place of such alleged violation. (Prior code In accordance with the provisions of subsec-
~ 11.04.200 (a)~(g), (i), (j)) tion A6 of Section 10.24.020, it is unlawful for
. any operator of any vehicle to drive at a speed
greater than fifteen miles per hour between the
153
10.24.050
hourS of eight a.m. and four-thirty p.m. on days Eleventh Avenue from a line one hundred fifty .
or parts of days when school is in session, on feet north of the north line of Dickerson Street
the streets or parts of streets specified in the to a line one hundred fifty feet south of the
following school speed zones: south line of Alderson Street;
A. Bozeman Senior High and Junior High D, Longfellow School Speed Zone. All that
School Speed Zone. All that part of Eleventh part of Tracy Avenue between a line twenty
Avenue between Main Street and a line three feet south of the south line of Story Street to
hundred feet south of the south line of Durston a line three hundred twenty feet north of the
Road; and all that part of Villard Street be- north line of College Street; all that part of
tween a line one hundred fifty feet east of the Dickerson Street between the west line of Tracy
east line of Eleventh Avenue and the east line A venue and a line one hundred feet west of the
of Eleventh Avenue; west line of Tracy Avenue; all that part of Story
B. Hawthorne School Speed Zone. All that Street one hundred feet east of the east curb
part of Rouse A venue between a line one hun- line of Tracy Avenue;
dred fifty feet south of the south line of E. Whittier School Speed Zone. All that part
Mendenhall and a line one hundred fifty feet of Durston Road between a line one hundred
north of the north line of Lamme Street; all that fifty feet east of the east line of Fifth Avenue
part of Lamme Street between a line one hun- and a line one hundred tIfty feet west of the
dred fifty feet east of the east line of Church west line of Sixth Avenue; all that part of Sixth
Avenue and a line one hundred fifty feet west Avenue between a line one hundred tIfty feet
of the west line of Rouse Avenue; all that part north of the north line of Durston Road and
of Mendenhall Street between a line one hun- a line two hundred feet north of the north
dred fifty feet east of the east line of Church line of Villard Street; all that part of Fifth .
A venue and a line one hundred fifty feet west A venue between a line one hundred tIfty feet
of the west line of Rouse Avenue; all that north of the north line of Durston Road and a
part of Church Avenue between a line one line two hundred feet north of the north line of
hundred fifty feet south of the south line of Villard Street; all that part of Short Street
Mendenhall Street and a line one hundred fifty between a line one hundred fifty feet west of
feet north of the north line of Lamme Street; the west line of Sixth Avenue and a line one
C. Irving School Speed Zone. All that part hundred fifty feet east of the east line of Fifth
of Eighth Avenue between a line one hundred Avenue; all that part of the alley adjacent to
fifty feet south of the south line of Alderson and parallel to the south line of the Whittier
Street and a line one hundred fifty feet north School grounds in Block 4 of the Violett
of the north line of Dickerson Street; all that Addition;
part of Ninth Avenue between a line one hun- F. Willson School, Rosary and Emerson
dred fifty feet south of the south line of Alder- School Speed Zones. All that part of Third
son Street and a line one hundred fifty feet Avenue between the south line of Main Street
north of the north line of Dickerson Street; all and the north line of Babcock Street; all that
that part of Alderson Street between a line one part of Babcock Street between a line one hun-
hundred tIfty feet east of the east line of Eighth dred fifty feet west of the west line of Fifth
Avenue and a line one hundred fifty feet west of A venue and a line one hundred fifty feet east
the west line of Ninth Avenue; all that part of of the east line of Grand A venue; all that part
Dickerson Street between a line one hundred of Grand Avenue between a line sixty feet north
fifty feet east of the east line of Eighth Avenue of the north line of Babcock Street and a line
and a line one hundred fifty feet west of the one hundred fifty feet south of the south line
west line of Ninth Avenue; all that part of of Olive Street; all that part of Olive Street .
154
1 0.24.060-1 0.24.070
. between a line three hundred feet west of the A. All that part of Main Street between a
west line of Fourth Avenue and a line one hun- line thirteen hundred feet east of Cypress
d,red fifty feet east of the east line of Grand Avenue and the east line of the city limits;
A venue; all that part of Fourth A venue between B. All that part of Main Street between the
the south line of Babcock Street and a line projected east line of Nineteenth Street and the
one hundred fifty feet south of the south line west line of the city limits;
of Olive Street; all that part of Third Avenue C. All that part of Third Avenue between a
between the south line of Olive Street and a line threy hundred feet south of the south line
line one hundred fifty feet south of the south of Kagy Boulevard and the south line of the
line of Olive Street; all that part of Fifth A venue city limits;
between Main Street and Babcock Street. (Prior D. All that part of Nineteenth Street from
code ~ 11.04.795) the south line of Main Street to the south line
of the city limits; .
10.24.060 School crossing zones designated~ E. All that part of Highland Boulevard be-
Schedule III. tween a line three hundred feet south of the
In accordance with the provisions of sub- south line of Curtiss Street and a line three
section A 7 of Section to .24.020, it is unlawful hundred feet north of the north line of Holly
for any operator of any vehicle between the Drive;
hours of eight a.m. and four-thirty p.m. on F. All that part of Seventh Avenue between
days or parts of days when school is in session, the north line of Juniper Street and the north
to drive at a speed greater than fifteen miles line of the city limits. (Prior code ~ 11.04.805)
per hour when approaching within fifty feet
. and in traversing the streets, or parts of streets,
specified in the following school crossing zones: Chapter 10,28
Intersection of Mendenhall Street and
Third A ven ue; STOP INTERSECTIONS
Intersection of Dickerson Street and
Willson Avenue; Sections:
Intersection of College Street and Tenth 10.28.010 Intersections where stop required
Avenue; -Determination and designation.
Intersection of College Street and Willson 10.28.020 Vehicles to stop at stop signs.
Avenue; 10,28.030 Stops at intersections with
Intersection of Alderson Street and Willson arterial and through streets.
Avenue; 10.28,040 Stop signs-Placement authorized
Intersection of Mendenhall Street and when.
Rouse Avenue. 10.28.050 Stop signs-Described-Location.
(Prior code ~ 11.04.800) 10.28.060 Procedure for entering
intersections.
10.24,070 Graduated speed zones designated- 10.28.070 Entering intersection prohibited
Schedule IV. when traffic obstructed.
In accordance with provisions of subsection 10.28.080 Through or arterial streets
A4 of Section 10.24.020, it is unlawful for any designated-Schedule VI.
operator of any vehicle to drive at a speed great- 10.28.090 Railway crossings-Stop required
er than thirty-five miles per hour upon the when,
streets, or parts of streets, specified in the fol- 10.28.100 Railway crossings-Mandatory
. lowing graduated speed zones: stops for certain vehicles.
155
10.28.0 1 O~ 1 0.28.070
10,28.010 Intersections where stop required~ at nighttime be rendered luminous by steady or .
Determination and designation. flashing internal illumination, or by a tlxed
The director of public safety is authorized to floodlight projected on the face of the sign, or
determine and designate intersections where by efficient reflecting elements on the face of
particular hazard exists upon other than through the sign. Every stop sign shall be located as near
or arterial streets and to determine whether as practicable at the nearest line of the crosswalk
vehicles shall stop at one or more entrances on the near side of the intersection or, if none,
to any such stop intersection, and shall erect at the nearest line of the roadway. (Prior code
a stop sign at every such place where a stop is ~ 11.04.260)
required. (Prior code ~ 11.04.255)
10.28.060 Procedure for entering
10,28.020 Vehicles to stop at stop signs. intersections.
When stop signs are erected as provided in A. After the driver of a vehicle has stopped at
this chapter at or near the entrance at any inter- the entrance to a through or arterial highway,
section, every driver of a vehicle shall stop such such driver shall yield the right-of*way to other
vehicle at such sign or at a clearly marked stop vehicles which have entered the intersection
line before entering the intersection except from the through or arterial highway or which
when directed to proceed by a police officer
or traffic-control signal. (Prior code ~ 11.04.265) are approaching so closely on the through or
arterial highway as to constitute an immediate
10.28.030 Stops at intersections with arterial hazard, but the driver having so yielded may
and through streets. proceed, and the drivers of all other vehicles
Those streets and parts of streets described approaching the intersection on the through or
in Schedule VI attached to the ordinance arterial highway shall yield the right-of.way .
codified herein and made a part hereof (see to the vehicle so proceeding into or across the
Section 10.28.080) are declared to be through through or arterial highway.
or arterial streets for the purpose of this section. B. After the driver of a vehicle has stopped
Whenever two through or arterial streets inter. in obedience to a stop sign at an intersection
sect, traffic shall stop on entering the through or where a stop sign is erected at one or more
arterial street where stop signs are erected. (Prior entrances thereto although not a part of a
code ~ 11.04.245) through or arterial highway, such driver shall
10.28.040 Stop signs~Placement authorized proceed cautiously, yielding to vehicles not
when. so obligated to stop which are within the inter-
Whenever any city ordinance designates and section or approaching so closely as to consti-
describes a through or arterial street, it shall tute an immediate hazard, but may then pro-
be the duty of the director of public safety to ceed. (Prior code ~ 11.04.270)
place and maintain a stop sign on each and
every street intersecting such through or arterial 10.28.070 Entering intersection prohibited
street, or intersecting that portion thereof when traffic obstructed,
described and designated as such by any city No driver shall enter an intersection or a
ordinance. (Prior code ~ 11.04.250) marked crosswalk unless there is sufficient space
on the other side of the intersection or cross-
10.28.050 Stop signs-Described-Location. walk to accommodate the vehicle he is operating
Every sign erected pursuant to this title, without obstructing the passage of other vehicles
which sign requires a vehicle to come to a stop, or pedestrians, notwithstanding any traffic-
shall bear the word "stop" in letters not less control signal indication to proceed. (Prior code
than eight inches in height, and such sign shall S 11.04.280) .
156
10.28.080
e 10.28.080 Through or arterial streets between the west line of the city limits and the
designated-Schedule VI. east line of the city limits.
In accordance with the provisions of Section 13. Mendenhall Street. All that part of Men-
10.28.030, and when signs are erected giving denhall Street between the east line of Rouse
notice thereof, drivers of vehicles shall stop at Avenue and the west line of Broadway Avenue;
every intersection before entering any of the 14. Nineteenth A venue. All that part of Nine-
following streets or parts of streets: teenth A venue between the south line of Main
1. Babcock Street. All that part of Babcock Street and the north line of Lincoln Road;
Street between the west line of Wallace A venue 15. Peach Street. All that part of Peach
and the east line of Rouse A venue; and all that Street between the west line of North Third
part of Babcock Street between the west line Avenue and the west line of Rouse Avenue;
of Eighth Avenue and the east line of Nine. 16. Rouse A venue. All that part of Rouse
teenth Avenue; A venue between the north line of East Menden.
2. Braodway Avenue. All that part of Broad. hall Street and the north line of the city limits;
way A venue between the north line of Main 17. Seventh A venue. All that part of Seventh
Street and the north line of Mendenhall Street; Avenue between the north line of Main Street
3. Cleveland Street. All that part of Cleve. and the north line of the city limits;
land Street between the east line of Eleventh 18. Tamarack Street. All that part of Tama-
Avenue and the west line of Willson Avenue; rack Street between the west line of Rouse
4. College Street. All that part of College Avenue and the east line of Seventh Avenue.
Street between the west line of Eighth A venue 19. Wallace Avenue. All that part of Wallace
and the west line of the city limits; Avenue between the north line of Main Street
e 5. Durston Road. All that part of Durston and the north line of Tamarack Street;
Road between the west line of the city limits 20. Willson A venue. All that part of Willson
and the west line of North Third Avenue; Avenue between the south line of Main Street
6. Eighth Avenue. All that part of Eighth and the north line of Kagy Boulevard;
Avenue between the south line of Main Street 21. Four.Way Stops. Four.way stops are
and the north line of Cleveland Street; established at the following intersections:
7. Eleventh Avenue. All that part of Eleventh Eleventh Avenue and College Street; Nine.
Avenue between the south line of Durston Road teenth Avenue and College Street; Willson
and the north line of Kagy Boulevard; Avenue and Beall Street; Kagy Boulevard and
8. Garfield Street. All that part of Garfield Third Avenue; Eleventh Avenue and Grant
Street between the east line of Sixth Avenue Street.
and the west line of Willson Avenue; 22. One-Way Stop. A one.way stop is estab-
9. Grant Street. All that part of Grant Street lished at Mendenhall Street and Wallace Avenue.
between the east line of Eleventh A venue and (Ord. 1206, 1986: Ord. 1 091 ~ 1, 1981: prior
the west line of Willson Avenue; code ~ 11.04.815)
10. Highland Boulevard. All that part of
Highland Boulevard between the south line of
Main Street and the north line of Kagy Boule.
vard;
11. Kagy Boulevard. All that part of Kagy
Boulevard between the east line of Highland
Boulevard and the west line of Eleventh A venue;
12. Main Street. All that part of Main Street
e 157
(Bozeman 3-87)
10.28.090-10.28.100
10.28.090 Railway crossings-Stop required more than fifty feet from the nearest rail of e
when. such track, and, while stopped, shall both look
A. Whenever any person driving a vehicle and listen in both directions along such track
approaches a railroad grade crossing under for approaching steam or interurban electric
any of the circumstances stated in this section, trains or cars before traversing such crossings.
the driver of such vehicle shall stop within (Prior code ~ 11.04.290)
fifty feet but not less than fifteen feet from
the nearest rail of such railroad, and shall not
proceed until he can do so safely. The fore- Chapter 10.32
going requirements shall apply when:
1. A clearly visible electric or mechanical STOPPING, STANDING AND PARKING*
signal-device gives warning of the immediate
approach of a railroad train; Sections:
2. A crossing gate is lowered, or when a 10.32.010 Parking-Chapter provisions
human flagman gives or continues to give a not exclusive.
signal of the approach or passage of a railroad 10.32.020 Stopping, standing or parking-
train; Exceptions to restrictions.
3. A railroad train approaching within 10.32.030 Stopping, standing or parking-
approximately fifteen hundred feet of the high- Locations where prohibited.
way crossing emits a signal audible from such 10.32.040 Stopping, standing or parking-
distance, and such railroad train, by reason of Prohibited near hazardous or
its speed or nearness to such crossing, is an congested areas.
immediate hazard; e
4. An approaching railroad train is plainly
visible and is in hazardous proximity to such
crossing.
B, No person shall drive any vehicle through,
around or under any crossing gate or barrier
at a railroad grade crossing while such gate or
barrier is closed or is being opened or closed.
(Prior code ~ 11.04.285)
10.28.100 Railway crossings-Mandatory stops
for certain vehicles.
The operator of any motor bus carrying
passengers for hire, and the operator of any
school bus carrying any school child, and the
operator of any motor truck carrying explosive
substances or explosive liquids of any specific
gravity as a cargo or part of a cargo, and the
operator of any vehicle of the tractor or cater-
pillar types, other than a truck tractor, shall, -
before crossing at grade any track or tracks of * Prior history: Prior code H I1.U4.242, 11.04.275,
a steam or interurban electric railway, bring 11.04.570 - 11.04.595, 11.04.597, 11.04.600 - 11.04.750,
11.04.820 - 11.04.830,11.08.080 and 11.08.090; Ords. 1091
such vehicle to a stop not less than ten feet or ~ 2 and 1126.
(Bozeman 3-87) 158 e
10.32.010
e 10.32.050 Standing or parking- Procedure Maximum time designated.
generally-Distance from curb. 10.32.270 Loading zones-Designation
10.32.060 Standing or parking-One-way authority.
streets. 10.32.280 Loading zones-For use by the
10.32.070 Standin~ or parking-One-way public.
roadways. 10.32.290 Loading zones-Use restrictions.
10.32.080 Parking-Additional or 10.32.300 Loading and unloading- Backing
temporary regulations. into curb permitted when.
10.32.090 Parking-Signs required. 10.32.310 Buses-Parking restrictions.
10.32.100 Angle parking. 10.32.320 Bus stops and taxi stands--
10.32.110 Parking-Prohibited between Designation authority.
curb and sidewalk. 10.32.330 Bus stops aDd taxi stands- Use
10.32.120 Parking-Private property restrictions.
restrictions. 10.32.340 Illegal parking-Vehicle owner
10.32.130 Parking-Private signs prohibited responsibility.
without permit. 10.32.350 Procedure for the establishment
10.32.140 Parking-Obstructing traffic of a residential on-street parking
prohibited. permit regulation program.
10.32.150 Parking-Narrow street 10.32.360 Limitations on parking in a
restrictions. residential parking permit only
10.32.160 Alleys-Stopping, standing and area.
parking restrictions. 10.32.370 Residential parking permit-
e 10.32.170 Parking-Restrictions near Application procedure.
schools. 10.32.380 Residential parking permit-
10.32.180 Fire lanes-Establishment- Form and issuance.
Parking restrictions. 10.32.390 Lawful display of residential
10.32.185 Handicap bus loading/unloading parking permits required.
zones- Establishment-Parking 10.32.395 Montana State University
restrictions. residential on-street parking
10.32.190 Tow-away zones- permit regulation program.
Establishment-Parking 10.32.400 Legislative intent.
restrictions. 10.32.410 Enforcement-Penalty for
10.32.200 Commercial vehicles-Parking violations.
restrictions.
10.32.210 Vehicles transporting flammable 10.32.010 Parking-Chapter provisions not
liquids-Parking restrictions. exclusive.
10.32.220 Parking-Prohibited for certain The provisions of this chapter imposing a time
purposes. limit on parking shall not relieve any person from the
10.32.230 Large vehicles-Parking duty to observe other and more restrictive provisions
restrictions. prohibiting or limiting the stopping, standing or
10.32.240 Parking-Limitations on certain parking of vehicles in specified places or at specified
streets. times. (Ord. 1140 ~ I (part), 1983)
10.32.250 Parking-Maximum time
designated.
~ 10.32.260 City-operated parking lots-
159
(Bozeman 11-01)
10.32.020-10.32.050
10.32.020 Stopping, standing or parking- the entrance to any fire station within seventy-five -
Exceptions to restrictions. feet of such entrance when properly signposted,
The provisions of this chapter prohibiting stop- except where parking areas are designated and plain-
ping, standing or parking of a vehicle shall apply at ly marked by direction of the director of public
all times, or at those times, speci:f;ied in this chapter, safety;
or as indicated on official signs, except when it is 11. Alongside or opposite any street excavation or
necessary to stop a vehicle to avoid conflict with obstruction when stopping, standing or parking
other traffic or in compliance with the directions of a would obstruct traffic;
police officer or official traffic-control device. (Ord. 12. On the roadway side of any vehicle stopped or
II 40 ~ 1 (part), 1983) parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure
10.32.030 Stopping, standing or parking- upon a highway, or within a highway tunnel;
Locations where prohibited. 14. In front of a mailbox or similar receptacle
A. No person shall stop, stand or park a vehicle, utilized for curbside postal delivery, except where
except when necessary to avoid conflict with other such receptacle is solely owned by the person
traffic or in compliance with law or the directions of stopping, standing or parking the vehicle;
a police officer or traffic-control device, in any of the 15. At any place where official signs or markings
following places (no signs are required): prohibit stopping or parking.
l. On a sidewalk; B. No person shall move a vehicle not lawfully
2. In front of a public or private driveway; under his control into any such prohibited area or
3. Within an intersection; away from a curb such distance as is unlawful. (Ord.
4. Within fifteen feet of a fire hydrant, except 1484 ~ 1, 1998: Ord. 1397 ~ 1, 1995: Ord. 1140 ~ 1
where parking areas are designated and plainly (part), 1983) e
marked by direction of the director of public safety;
5. On a crosswalk; 10.32.040 Stopping, standing or parking-
6. Within twenty feet of a crosswalk at an inter- Prohibited near hazardous or
section, except where parking areas are designated congested areas.
and plainly marked by direction of the director of A. The director of public safety is authorized to
public safety; determine, and designate by proper signs, places not
7. Within thirty feet upon the approach to any exceeding one hundred feet in length in which the
flashing beacon, stop sign or traffic-control signal stopping, standing or parking of vehicles would
located at the side of a roadway, except where park- create an especially hazardous condition or would
ing areas are designated and plainly marked by cause unusual delay to traffic.
direction of the director of public safety; B. When official signs are erected at hazardous or
8. Between a safety zone and the adjacent curb, congested places as authorized in this section no
or within thirty feet of points on the curb immedi- person shall stop, stand or park a vehicle in any such
ately opposite the ends of a safety zone, unless the designated place. (Ord. 1140 ~ 1 (part), 1983)
director of public safety has indicated a different
length by signs or markings; 10.32.050 Standing or parking-Procedure
9. Within fifty feet of the nearest rail of a rail- generally-Distance from curb.
road crossing, except where parking areas are desig- No person shall stand or park a vehicle in a road-
nated and plainly marked by direction of the director
of public safety;
10. Within twenty feet of the driveway entrance to
any fire station and on the side of a street opposite ~
160
(Bozeman 11-01)
10.32.060-10.32.120
e way other than parallel with the edge of the road- 10.32.090 Parking-Signs required.
way headed in the direction of lawful traffic move- Whenever by this title or any other ordinance of
ment and with the right-hand or left-hand wheels of the city any parking time limit is imposed or park-
the vehicle within eighteen inches of the curb or ing is prohibited on designated streets or public
edge of the roadway, except as otherwise provided parking lots, it shall be the duty of the director of
in this chapter. (Ord. 1140 ~ 1 (part), 1983) public safety to erect appropriate signs giving notice
thereof, and such regulations shall be effective,
10.32.060 Standing or parking-One-way unless otherwise specifically provided, when said
streets. signs are erected and in place at the time of any
The director of public safety is authorized to erect alleged offense. (Ord. 1154 (part), 1984: Ord. 1140
signs upon either or both sides of anyone-way ~ 1 (part), 1983)
street to prohibit the standing or parking of vehicles,
and when such signs are in place, no person shall 10.32.100 Angle parking.
stand or park a vehicle upon such side in violation A. The director of public safety shall determine
of any such sign. (Ord. 1140 ~ 1 (part), 1983) upon what streets angle parking shall be permitted,
subject to the approval of the city commission, and
10.32.070 Standing or parking-One-way shall mark or sign such streets.
roadways. B. Angle parking shall not be indicated or per-
In the event a highway or street includes two or mitted at any place where passing traffic would
more separate roadways and traffic is restricted to thereby be caused or required to drive upon the left
one direction upon any such roadway, no person side of the street.
shall stand or park a vehicle upon the left-hand side C. Upon those streets which have been signed
e of such one-way roadway unless signs are erected or marked by the direction of the director of public
to permit such standing or parking. The director of safety for angle parking, no person shall park or
public safety is authorized to detennine when stand- stand a vehicle other than at the angle to the curb
ing or parking may be permitted upon the left-hand or edge of the roadway indicated by such signs or
side of any such one-way roadway, and to erect markings. (Ord. 1140 ~ I (part), 1983)
signs giving notice thereof. (Ord. 1140 ~ 1 (part),
1983) 10.32.110 Parking-Prohibited between
curb and sidewalk.
10.32.080 Parking-Additional or It is unlawful to park any vehicle on that portion
temporary regulations. of any streets lying between the back of the curb line
The director of public safety is authorized to and the sidewalk edge nearest the curbline, or on
make and enforce such regulations, relative to park- any landscaped portion of the city streets. (Ord.
ing: 1140 ~ 1 (part), 1983)
A. In front of buildings in which any consider-
able number of persons have assembled or are ex- 10.32.120 Parking-Private property
pected to assemble, as may seem necessary to assure restrictions.
rapid and safe exit of the assemblage from such A. No person shall stand or park a vehicle on
building; any private lot or lot area without the express or
B. On any street, highway or city-operated park- implied consent of the owner thereof.
ing lot for the purpose of pennitting construction, B. Whenever signs or markings have been erect-
maintenance or any other work on or use of the ed on any lot or lot area, contiguous or adjacent to
street, highway or city-operated parking lot. (Ord. a street, thoroughfare or alley, indicating that no
e 1140 ~ I (part), 1983) vehicles are pennitted to stand or park thereon, it is
161
(Bozeman 6-96)
10.32.130--10.32.180
unlawful for any person to drive a vehicle across on the north by Lamme Street, on the east by e
any curb or lot line or over any driveway from a Wallace Avenue, on the south by Olive Street and
street or alley into such lot or area for the purpose on the west by Seventh Avenue, except temporarily
of standing or parking such vehicle, or for any for the purpose of and while actually engaged in
person to stop, stand or park any vehicle in such lot loading or unloading.
or lot area. (Ord. 1140 ~ 1 (part), 1983) B. No person shall stop, stand or park any vehi-
cle, whether occupied or not, within any alley in the
10.32.130 Parking-Private signs prohibited city other than in the district described in subsection
without permit. A of this section, in such a manner as to prevent the
No person shall erect any temporary or permanent free movement of vehicular traffic, or in such a
sign or use any other marking or device for the position as to block the driving entrance to any
purpose of limiting, prohibiting or restricting park- abutting property except than temporarily for the
ing upon any public street or highway in this city purpose of and while actually engaged in loading or
unless a permit to so do is ftrst had and obtained unloading. (Ord. 1140 ~ 1 (part), 1983)
from the director of public safety. (Ord. 1140 ~ 1
(part), 1983) 10.32.170 Parking-Restrictions near
schools.
10.32.140 Parking-Dbstructing traffic A. The director of public safety is authorized to
prohibited. erect signs indicating no parking upon that side of
No person shall park any vehicle upon a street, any street adjacent to any school property when
other than an alley, in such a manner or under such such parking would, in his opinion, interfere with
conditions as to leave available less than ten feet of traffic or create a hazardous situation.
the width of the roadway for free movement of B. When official signs are erected indicating no e
vehicular traffic. (Ord. 1140 ~ 1 (part), 1983) parking upon that side of a street adjacent to any
school property, no person shall park a vehicle in
10.32.150 Parking-Narrow street any such designated place. (Ord. 1140 ~ I (part),
restrictions. 1983)
A. The director of public safety is authorized to
erect signs indicating no parking upon any street 10.32.180 Fire lanes-Establishment-
when the width of the roadway does not exceed Parking restrictions.
twenty feet, or upon one side of a street as indicated A. The fire chief of the city is authorized to
by such signs where, in the opinion of the director designate, layout and establish fire lanes of not to
of public safety, trafftc conditions create a traffic exceed twenty feet in width over and across public
hazard. and private property for access by ftre equipment to
B. When offtcial signs prohibiting parking are buildings within and to post no parking signs there-
erected upon narrow streets as authorized in this on.
section, no person shall park a vehicle upon any B. Parking of motor vehicles within a designated
such street in violation of any such sign. (Ord. 1140 and posted fire lane is prohibited and motor vehicles
~ 1 (part), 1983) in such fire lanes shall be subject to removal there-
from at the owner's expense.
10.32.160 AlIeys-Stopping, standing and C. Upon application and review by the ftre chief
parking restrictions. of the city, or designee, a handicap bus loading and
A. No person shall stop, stand or park any vehi- unloading only area may be designated within a fire
cle at any time, whether occupied or not, within any lane. The designation must be posted by appropriate
alley in the district which includes and is bounded signs. The driver of the bus must remain, at all e
162
(Bozeman 6-96)
10.32.185-10.32.240
e times, with the bus, and the bus must vacate the ftre 10.32.210 Vehicles transporting flammable
lane to emergency response vehicles. (Ord. 1404 ~ liquids--Parking restrictions.
1, 1995: Ord. 1140 ~ 1 (part), 1983) No tank truck, tank trailer or like vehicle
containing or used for the transportation of gasoline,
10.32.185 Handicap bus loading/unloading butane, fuel oil or other highly flammable liquid
zones-Establishment-Parking shall be parked on any street, alley, park or other
restrictions. public place, nor upon any private property in this
A. The director of public safety is authorized to city where it would create a hazard to life or adja-
designate, layout and establish handicap bus load- cent property, for a period longer than thirty min-
ing and unloading zones and to post proper signs utes; but this restriction upon such parking shall not
thereon. be construed so as to prevent the delivery of such
B. Parking of motor vehicles so as to block the liquid to retail gas stations or to private residences
designated handicap bus loading or unloading area or business property, and only for so long as is
is prohibited, and the motor vehicle is subject to reasonably necessary to complete such delivery.
being towed at the owner's expense. The owner or (Ord. 1140 ~ 1 (part), 1983)
operator of a vehicle violating this provision is
subject to a ftne of not less than one hundred dol- 10.32.220 Parking-Prohibited for certain
lars. (Ord. 1404 ~ 2, 1995) purposes.
No person shall park a vehicle upon any street,
10.32.190 Tow-away zones- roadway or public parking lot for the principal pur-
Establishment-Parking pose of:
restrictions. A. Displaying such vehicle for sale;
e A. The director of public safety is authorized to B. Displaying advertising;
designate, layout and establish tow-away zones and C. Washing, greasing or repairing such vehicle,
to post proper signs thereon. except repairs necessitated by an emergency. (Ord.
B. Parking of vehicles within a designated and 1140 ~ 1 (part), 1983)
posted tow-away zone is prohibited and vehicles in
such tow-away zones shall be subject to removal 10.32.230 Large vehicles-Parking
therefrom at the owner's expense. (Ord. 1140 ~ 1 restrictions.
(part), 1983) It is unlawful for any operator to park a vehicle
with a width greater than eighty-four inches, or a
10.32.200 Commercial vehicles-Parking total length exceeding twenty feet, including load,
restrictions. and any vehicle carrying or used for carrying live-
It is unlawful to park any commercial vehicle stock, upon any street where angle parking is desig-
upon any street for a petiod of time longer than one nated unless such driver shall hold a special permit
hour; provided, however, that when lawfully and from the director of public safety authorizing such
continuously loading or unloading, such commercial parking. (Ord. 1140 ~ 1 (part), 1983)
vehicles may remain parked for such time as is
necessary to complete such loading or unloading. 10.32.240 Parking-Limitations on certain
Such parking shall be subject to all other and more streets.
restrictive provisions of this title prohibiting or A. The director of public safety is authorized to
limiting the stopping, standing or parking of vehi- erect signs or markings upon either or both sides of
cles in specified places or at specified times. (Ord. any street or highway to prohibit the standing or
1140 ~ 1 (part), 1983) parking of vehicles or to restrict such standing or
e parking.
163
(Bozeman 6,96)
~-
10.32.250---10.32.330
B. When official signs are erected in each block unloading and delivery or pickup and loading of -
or markings are placed along a street or highway materials in any place marked as a loading zone.
indicating that parking is prohibited or restricted, no (Ord. 1140 ~ 1 (part), 1983)
person shall park any vehicle in violation of any
such sign or marking. (Ord. 1188 ~ 1, 1985: Ord. 10.32.300 Loading and unloading-Backing
1140 ~ 1 (part), 1983) into curb permitted when.
A. At every pickup and delivery point in the
10.32.250 Parking-Maximum time main business district of the city where there is an
designated. accessible rear entrance, vehicles used for the trans-
No person shall park a vehicle for longer than portation of merchandise and materials shall use
forty~eight consecutive hours at any time upon a such rear entrance.
street, alley or highway within the city. Signs may B. No person shall stand or park a vehicle at an
be erected by the director of public safety giving angle to the curb for the purpose of loading or un-
notice thereof. However, the signs are not required. loading, or for any purpose, when such vehicle so
(Ord. 1154 (part), 1984: Ord. 1140 ~ 1 (part), 1983) parked or standing extends into the street or
roadway so as to impair the normal flow of traffic,
10.32.260 City-operated parking lots- unless a special permit for such parking or standing
Maximum time designated. is issued by the director of public safety to cover
When signs are erected in city-operated parking emergency conditions. (Ord. 1140 ~ 1 (part), 1983)
lots giving notice of maximum parking duration, no
person shall park any vehicle for longer than the 10.32.310 Buses-Parking restrictions.
maximum duration as posted. (Ord. 1400 ~ 1, 1995: The driver of a public bus shall not park upon
Ord. 1140 ~ 1 (part), 1983) any street in any business district at any place other e
than at a public bus stop, except that this provision
10.32.270 Loading zones-Designation shall not prevent the driver of such vehicle from
authority. temporarily stopping in accordance with other stop-
The director of public safety shall have authority ping or parking regulations at any place for the
to determine the location of loading zones, and shall purpose of and while actually engaged in loading or
erect and maintain, or cause to be maintained, ap~ unloading passengers. (Ord. 1140 ~ 1 (part), 1983)
propriate signs indicating the same. (Ord. 1140 ~ 1
(part), 1983) 10.32.320 Bus stops and taxi stands-
Designation authority.
10.32.280 Loading zones-For use by the The director of public safety shall have authority
public. to determine the location of public bus stops and
Any loading zone established by the director of taxi stands, and shall erect and maintain or cause to
public safety as authorized in this chapter shall be be maintained, appropriate signs indicating the same.
for the use of the general public, and shall not be (Ord. 1140 ~ 1 (part), 1983)
restricted to the exclusive use of the occupants of
property adjacent to any such loading zone. (Ord. 10.32.330 Bus stops and taxi stands-Use
1140 ~ 1 (part), 1983) restrictions.
No person shall stop, stand or park a vehicle
10.32.290 Loading zones-Use restrictions. other than a public bus in a public bus stop or stand,
No person shall stop, stand or park a vehicle for or other than a taxicab in a taxicab stand when any
any purpose or period of time other than for the such stop or stand has been officially designated and
expeditious loading or unloading of passengers or appropriately signed, except that the driver of a -
164
(Bozeman 6.96)
-~
10.32.340-10.32.360
e passenger vehicle may temporarily stop therein for 3. Reducing traffic hazards; or
the purpose of and while actually engaged in 1000- 4. Reducing litter.
ing or unloading passengers, when such stopping B. Any ordinance designating an area ofthe city
does not interfere with any public bus or taxicab as a residential permit parking area shall describe:
waiting to enter or about to enter such zone. (Ord. 1. The designated public street area along which
1140 ~ 1 (part), 1983) parking will be limited to vehicles registered to or
controlled and exclusively used by persons residing
10.32.340 megal parking-Vehicle owner in the area;
responsibility. 2. Hours of each day and days of each week
If any vehicle is found in violation of this chapter that the residential parking permit regulations shall
or any rule, regulation, sign or marking in force be in effect;
pursuant thereto, controlling stopping, standing or 3. The individuals eligible to purchase a permit;
parking of vehicles, any person in whose name such 4. Effective dates of annual permits;
vehicle is registered shall be responsible for such 5. Any special provisions or exceptions applica-
violation. (Ord. 1188 ~ 2, 1985: Ord. 1140 ~ 1 ble to schools, churches, businesses, public park use,
(part), 1983) etc. within the residential area; and
6. Visitor permit or special gathering provisions
10.32.350 Procedure for the establishment for the residential area.
of a residential on-street parking C. Upon adoption of any ordinance by the city
permit regulation program. conunission designating an area for residential per-
A. Pursuant to the powers granted to local gov- mit parking only, signs shall be erected along the
emments pursuant to Montana State law to regulate streets identified in the ordinance prior to any en-
e the standing or parking of vehicles on public streets, forcement of the residential parking permit regula-
the use of public streets and traffic upon public tion pursuant to Section 10.32.090 of the Bozeman
streets, the city commission may, after holding a Municipal Code. The parking signs erected shall
public hearing on any residential parking permit give notice of the general nature of the parking
proposal, create pursuant to ordinance areas of the limitation and shall indicate the hours and days
city to be designated as residential parking permit when such parking limitations shall be in effect.
areas during specified times of the day and week if (Ord. 1376 ~ 1, 1993: Ord. 1345 ~ 1, 1992)
the city commission finds that the residential area
under consideration for such a designation is: 10.32.360 Limitations on parking in a
1. Predominantly residential in character; residential parking permit only
2. An area the streets of which are regularly area.
congested with vehicles parked by persons not resid- A. It is unlawful for any person to stop, stand or
ing in the area; and park a vehicle on any street designated a residential
3. An area where limiting the parking of vehi- permit only parking area during the hours and on
des along the public streets better provides adequate the days set forth in an ordinance adopted by the
motor vehicle parking for residents of the area; city commission, except in the following circum-
and finds that the creation of a residential parking stances:
permit area in the residential area under consider- 1. Those vehicles displaying a valid residential
ation would further one or more of the following parking permit or a temporary visitor's permit for
objectives: the area; or
1. Promoting tranquility among commuters and 2. An emergency vehicle, including, but not
residents; limited to an ambulance, fire engine or police vehi-
e 2. Reducing noise; c1e; or
165
(Bozeman 6-96)
10.32.370--10.32.395
3. A clearly marked business vehicle which is issuance and the address of the resident to which it e
under the control of a person providing a service to is issued. Annual permits shall be required. A permit
persons or property located in the designated resi- shall be valid for no longer than the permit year of
dential permit only parking area, including but not issuance and is not transferrable. The issuance of a
limited to a delivery vehicle. (Ord. 1345 ~ 2, 1992) residential parking permit does not serve as a guar-
antee that there will always be a parking space
10.32.370 Residential parking permit- available for the permit holder on the public streets
Application procedure. within the designated residential parking permit
Applications for residential parking permits shall area. (Ord. 1401 ~ 1, 1995; Ord. 1345 ~ 4, 1993)
be submitted to the city on a prescribed form and
shall be accompanied by proof in a form satisfactory 10.32.390 Lawful display of residential
to the city of the applicant's place of residence parking pennits required.
within the residential parking permit only area, as A. Unless otherwise agreed to by a Bozeman
well as proof of registration of use and control of parking control officer in writing, residential parking
each vehicle for which a residential parking permit permits shall be affixed to the left rear bumper and
is sought. Each application shall be accompanied by temporary visitors' permits and employee permits
the appropriate fee for each vehicle for which a shall be hung from the interior rearview mirror
parking permit is sought. No part of the parking facing the windshield. It is unlawful to either fail to
permit fees shall be refundable. The amount of the display or improperly display a residential parking
fees shall be established by resolution at the level permit, or to attempt to use a residential parking
that covers the cost of administration and enforce- permit from another area in a designated residential
ment of the residential parking permit regulations in area.
the residential area. (Ord. 1345 ~ 3, 1992) B. It is unlawful for the holder of a residential e
parking permit to fail to surrender it when directed
10.32.380 Residential parking permit- to do so.
Form and issuance. C. It is unlawful for any person to represent in
A. Upon approval by the city of the application any fashion that a vehicle is entitled to a residential
of any person residing in a residential parking per- parking permit authorized by Section 10.32.370 or
mit only area, a residential parking permit shall be other applicable provisions when it is not so enti-
issued for each vehicle receiving approval. Upon tled. The display of a residential parking permit on
approval by the city of the application of any person a vehicle not entitled to such a permit shall consti-
residing in a residential parking permit only area for tute such a representation.
a temporary visitor's permit, such permit shall be D. It is unlawful for any person to duplicate, by
issued by the city. No more than two temporary any means, a parking permit authorized by Section
visitor's parking permits shall be issued annually for 10.32.370 or other applicable provisions. It is also
a single residential dwelling unit. Temporary visi- unlawful for any person to display on any vehicle
tors' parking permits shall be used only by visitors such a duplicate parking permit. (Ord. 1401 ~ 2,
of the dwelling unit to which the permits were is- 1995; Ord. 1383 ~ I, 1994: Ord. 1345 ~ 5, 1992)
sued and are valid only while visiting that dwelling
unit. 10.32.395 Montana State University
B. Each residential parking permit issued by the residential on-street parking
city for a vehicle shall set forth at least the date of permit regulation program.
issuance and the license number of the vehicle for A. The area designated, pursuant to this chapter,
which it is issued. Each temporary visitor's permit as the Montana State University residential on-street
issued by the city shall set forth at least the date of parking permit program, and hereinafter referred to e
(Bozeman 6-96) 166
10.32.395
e as "MSU residential district," shall be as follows way boundary of South 4th A venue, thence northerly
(listed streets and avenues include the full right-of- to the north right-of-way boundary of West College
way unless specifically noted): Street, thence westerly to the centerline of South 5th
Beginning at the northwest comer of the intersec- A venue, thence northerly along the centerline of
tion of South 12th Ave~ue and West Dickerson South 5th A venue to West Alderson Street, thence
Street, thence southerly to West Alderson Street, easterly to the east right-of~way boundary of South
thence westerly to South 13th A venue, thence south- 5th Avenue, thence northerly to West Dickerson
erly to the centerline of West College Street, thence Street, thence westerly to South 12th A venue, the
easterly along the centerline of West College Street point of beginning.
to the centerline of South 8th A venue, thence south- The district shall also include South 14th Avenue
erly along the centerline of South 8th Avenue to the from Dickerson Street to College Street, the east side
centerline of West Harrison Street, thence easterly of South 15th A venue from Alderson Street to
along the centerline of West Harrison Street to the College Street, the west side of South 15th Avenue
centerline of South 6th A venue, thence southerly from Dickerson Street to College Street, and West
along the centerline of South 6th A venue to the Alderson Street from South 13th Avenue to South
centerline of West Grant Street, thence easterly along 14th Avenue.
the centerline of West Grant Street to the alley B. No vehicle other than emergency vehicles or
between South 5th Avenue and South 6th Avenue, vehicles providing services within the MSU resi-
thence southerly to the south right-of-way boundary dential district or vehicles having a valid residential
of West Grant Street, thence easterly along the south parking permit may park on any street within the
right-of-way boundary of West Grant Street to South MSU residential district between the hours of eight
5th A venue, thence southerly to the north boundary a.m. and five p.m., Monday through Friday, except
e of the Lincoln Street right-of-way, thence easterly for legal holidays. Whenever parking is otherwise
along the north boundary ofthe Lincoln Street right- regulated within the MSU residential district, the
of-way to the centerline of South Third Avenue, posted regulation shaH apply.
thence southerly along the centerline of South Third C. These regulations will be enforced by the
A venue to the intersection of South Third A venue, Bozeman police department or designee.
Greek Way and South Grand A venue, thence easterly D. The department of public service will post
to the east right-of-way boundary of South Grand signs in accordance with the manual on uniform
Avenue, thence northerly to the north right-of-way traffic-control devices that indicate the general nature
boundary of Lincoln Street, thence easterly along the of the restrictions and the hours and days when the
north right-of-way boundary of Lincoln Street to the restrictions are in effect.
west right-of-way boundary of South Willson E. Permits shall be issued for an annual permit
A venue, thence northerly along the west right-of-way year beginning August 1 st.
boundary of South Willson A venue to West Arthur F. The amount ofthe permit fees shall be estab-
Street, thence westerly to South Grand Avenue, lished by resolution.
thence northerly to West Cleveland Street, thence G. Permits shall be issued by the Bozeman po-
westerly to South 3rd A venue, thence northerly to the lice department or designee. Permits may be issued
south right-of-way boundary of West Harrison Street, for motor vehicles only upon application by a legal
thence easterly to the west right-of-way boundary of resident within the MSU residential district who
South Grand A venue, thence northerly to the north has a motor vehicle or vehicles registered in the
right-of-way boundary of West Harrison Street, applicant's name, or who has a motor vehicle for
thence westerly to South 5th A venue, thence the applicant's exclusive use and under the
northerly to the south right-of-way boundary of West applicant's control; and satisfying the requirements
e College Street, thence easterly to the west right-of- of Sections 10.32.3 70 and 10.32.380.
166-1
(Bozeman 11-0 I)
10.32.400--10.32.410
H. No more than two visitor permits shall be B. Every person convicted of a misdemeanor for e
issued annually to each single residential dwelling a violation of any of the provisions of this chapter
unit for use by visitor vehicles. shall be punished by a fine of not less than fifteen
I. Nonresidential uses may be provided with dollars or more than five hundred dollars with the
posted time limit parking as appr,?ved by the director following exceptions:
of public safety. 1. The minimum fine for overtime parking in
J. Each business owner or individual employed violation of Sections 10.32.240 through 10.32.260,
within the MSU residential district is eligible to inclusive, shall be:
purchase one residential permit.
K. Annual visitor permits may be issued to non- First citation Courtesy
residential uses located within the district for cir~ Second citation $ 5.00
cumstances not otherwise provided for within this Third citation 10.00
section. Fourth and subsequent citations 20.00
L. Upon request by a resident or employer within
the MSU residential district, the Bozeman police The determining factor with respect to the fine is
department or designee may issue special gathering the issuance of the citation and not the conviction. If
permits. fewer than ninety days have elapsed between the
M. Residential permits shall become void if either issuance of the present citation and the issuance of
the owner/operator of the vehicle moves out of the the previous citation, the fine will escalate from the
MSU residential district or the owner/operator of the previous citation as provided above. When ninety
vehicle sells the vehicle. A permit holder who moves days have elapsed since the issuance of the previous
within the MSU residential district or purchases citation, the fine for the next citation issued shall
another vehicle and desires to transfer the permit revert to the level ofthe first citation, and the above e
must apply for such transfer and pay the fee as escalation provisions shall apply.
established by resolution. 2. The minimum fine for violation of Section
N. The MSU residential district boundaries may 1O.32.390(A), inclusive, shall be five dollars.
be revised by ordinance. (Ord. 1415 ~ 2, 1996; Ord. 3. Violation of Sections 10.32.390(B) through
1405 ~ 2, ] 995; Ord. 1401 ~ 3, 1995; Ord. 1395 ~ 2, 10.32.390(D), inclusive, shall be punishable by a fme
1994; Ord. 1393 ~ 2,1994; Ord. 1392 ~ 2,1994; Ord. not exceeding five hundred dollars or imprisonment
1391 ~ 2, 1994; Ord. 1384 ~ 2, 1994; Ord. 1377 ~ 2, not exceeding six months or both.
1994) 4. The minimum fine for parking in violation of
Section 10.32.180 shall be:
10.32.400 Legislative intent.
It is the intent of the city commission that the First citation $ 50.00
criminal offenses listed in this chapter are offenses Second citation 50.00
involving absolute liability. Those offenses shall not Third and subsequent citations 100.00
require proof of anyone of the mental states de-
scribed in subsections (33), (37), and (58) of Section The determining factor with respect to the fine is
45-2-101. MeA. (Ord.1345 ~ 6,1992; Ord. 1140 ~ 1 the issuance of the citation and not the conviction.
(part), 1983) C. Upon conviction, the court costs or any part
thereof may be assessed against the violator in the
10.32.410 Enforcement-Penalty for discretion of the court. (Ord. 1481 ~ I, 1998: Ord.
violations. 1469 ~ 1,1998: Ord. 1428 ~ 1, 1996: Ord. 1383 ~ 2,
A. It is a misdemeanor for any person to violate 1994: Ord. 1345 ~ 7, 1992: Ord. 1140 ~ 1 (part),
any of the provisions ofthis chapter. 1983) e
166-2
(Bozeman I ] -0 I )
e Chapter 10.34
HANDICAPPED PARKING
Sections:
Article I. Gen~ral Provisions
10.34.010 Title.
10.34.020 Minimum requirements.
Article II. Definitions
10.34.030 Physically handicapped.
10.34.040 Handicapped parking stall.
10.34.050 Other definitions.
Article III. Administration and Enforcement
10.34.060 Parking in designated handi-
capped stalls.
10.34.070 Display of handicapped symbol--
Privileges.
10.34.080 Duties of the police division.
e
e 166-3
(Bozeman 11-01)
e
e
e
10.34.010--10.34.090
e 10.34.090 Duties of other public 10.34.050 Other definitions.
employees. All other defInitions applicable to this chapter
shall be found in Section 10.04.020. (Ord. 1116 ~
Article IV. Violation-Penalties 2 (part), 1982: prior code ~ 11.12.050)
10.34.100 Designated.
Article III. Administration and Enforcement
Article I. General Provisions 10.34.060 Parking in designated
handicapped stalls.
10.34.010 Title. Pursuant to the provisions of Title 49, Chapter 4,
This chapter shall be known and cited as the Part 3, MCA, it is unlawful for anyone to park, stop
Handicap Parking Ordinance of the city and referred or stand at a designated handicapped parking stall
to as such in this title. (Ord. 1116 ~ 1 (part), 1982: as defined in this chapter, whether on the public
prior code ~ 11.12.010) right~of~way or in public parking lots, except those
displaying a handicap symbol issued by the Division
10.34.020 Minimum requirements. of Motor Vehicles or other competent jurisdiction.
In their interpretation and application the provi- (Ord. 1116 ~ 3 (part), 1982: prior code ~ 11.12.060)
sions of this chapter shall be held to be minimum
requirements adopted as an exercise of the general 10.34.070 Display of handicapped symbol-
police powers of the city for the promotion of the Privileges.
hcalth, safety and welfare of the physically handi- A. Handicapped persons, as defmed in this chap-
e capped citizens of the community. (Ord. 1116 ~ 1 ter, shall be granted the privilegc of parking at the
(part), 1982: prior code ~ 11.12.020) designated handicapped locations, as listed in Sec-
tion 10.34.050, subject to all other limitations of this
Article II. Definitions title such as time limit, parking close to curb, etc.,
only when the handicapped symbol has been promi~
10.34.030 Physically handicapped. nently displayed in the windshield of the vehicle.
"Physically handicapped" mcans one who holds B. Exception. The privilege shall not be extend~
a valid driver's license and owns a motor vehicle, ed to those persons not disabled, displaying the
other than a commercial vehicle, and has a perma- handicapped symbol while they are not engaged in
nent physical disability that impairs their mobility transporting, delivering or picking up the handi-
when not in a motor vehicle; or regardless of capped. (Ord. 1116 ~ 3 (part), 1982: prior code ~
whether they hold a driver's licensc or own a motor 11.12.070)
vchicle, have a permanent physical disability that
impairs their driving ability and impairs their mobil- 10.34.080 Duties of the police division.
ity when not in a motor vehicle to such an extent It shall be the duty of the police division to en-
that they need to be driven by another person to a force the provisions of this chapter, issue citations
destination. (Ord. 1116 ~ 2 (part), 1982: prior code for the violation thereof, and assist in the prosecu-
~ 11.12.030) tion of those persons violating this chapter. (Ord.
1116 ~ 3 (part), 1982: prior code ~ 11.12.080)
10.34.040 Handicapped parking stall.
"Handicapped parking stall" means one so desig- 10.34.090 Duties of other public employees.
nated by the use of the nationally recognized handi- The provisions of this chapter shall apply to the
e capped sign or symbol. (Ord. 1116 ~ 2 (part), 1982: driver of any vehicle owner by or used in the ser-
prior code ~ 11.12.040) vice of the United States Government, the state, the
167 (Bozeman 9-93)
10.34.100-10.40.010
county or the city, and it is unlawful for any driver e
to violate any of the provisions of this chapter.
except those vehicles designated as emergency vehi-
cles. (Ord. 1116 ~ 3 (part), 1982: prior code ~
11.12.090)
Article IV. Violation-Penalties
10.34.100 Designated.
Any person violating the provisions of this chap-
ter shall upon conviction thereof be punished by a
fme of not less than fifteen dollars nor more than
one hundred dollars. (Ord. 1116 ~ 4. 1982)
Chapter 10.40
TAXICABS AND BUSES
Sections:
10.40.010 Licensing and regulation of
for-hire vehicles.
10.40.01 0 Licensing an regulation of e
for-hire vehicles.
It is unlawful for any person, fino or corporation
to opemte any taxicab, bus, or other vehicle for hire
for the purpose of carrying passengers within the
city without first obtaining a license for such opera-
tion. in accordance with the provisions of the ordi-
nances of the city, and any amendments thereto,
regulating the licensing of taxicabs and buses, and
without fully complying with all the applicable
provisions of the laws of the state governing the
licensing and regulation of motor carriers. (Prior
code ~ 11.04.420)
e
(Bozeman 9-93) 168/170
10.44.010-10.44.050
. Otapter 10.44 10.44.050 Toy vehicles and roller skates.
No person upon roller skates, or riding in or
MISCELLANEOUS REGULATIONS by means of any coaster, toy vehicle or similar
device, shall go upon any roadway except while
Sections: crossing a street on a crosswalk, and when so
10.44.010 Stepping on or off moving crossing such person shall be granted all of the
vehicles. rights and shall be subject to all of the duties
10.44.020 Railroad trains blocking streets. applicable to pedestrians. This section shall
10.44.030 Oinging to moving vehicles. not apply upon any street while set aside as a
10.44.040 Riding animals, animal-drawn play street as authorized by ordinance of this
vehicles and pushcarts. city. No person shall ride any roller skates,
10.44.050 Toy vehicles and roller skates. coasters or scooters upon any sidewalk within
the main business district. (Prior code ~
10.44.010 Stel?ping on or off moving vehicles. 11.04.395)
No person shall board or alight from any
streetcar or vehicle while such streetcar or
vehicle is in motion. (Prior code ~ 11.04.385) Chapter 10.48
10.44.020 Railroad trains blocking streets. BICYCLES
It is unlawful for the directing officer or the
operator of any railroad train to direct the op- Sections:
eration of or to operate the same in such a man- 10.48.010 Regulations applicable-
. ner as to prevent the use of any street for pur- Responsibility of parents and
poses of travel for a period of time longer than guardians.
ten minutes, except that this provision shall 10.48.020 License- Required.
not apply to trains or cars in motion other 10.48.030 License-Application and fee.
than those engaged in switching. (Prior code 10.48.040 License-Issuance conditions-
& 11.04.390) Recordkeeping.
10.48.050 Attachment of license plate.
10.44.030 Clinging to moving vehicles. 10.48.060 Inspection prerequisite to
Any person riding upon any bicycle, motor- licensing.
cycle, coaster, sled, roller skates, or any toy 10.48.070 Transfer of ownership.
vehicle shall not attach the same or himself to 10.48.080 Rental agency requirements.
any street car or moving vehicle upon any 10.48.090 Traffic laws applicable.
roadway. (Prior code & 11.04.380) 10.48.100 Traffic-control devices~
Obedience required.
10.44.040 Riding animals, animal-drawn 10.48.110 Operation restrictions.
vehicles and pushcarts. 10.48.120 Riding on streets, roadways and
Every person propelling any pushcart or bicycle paths-Restrictions.
riding an animal upon a roadway, and every 10.48.130 Speed limits.
person driving any animal-drawn vehicle, shall 10.48.140 Yield right-of-way upon crossing
be subject to the provisions of this title appli- sidewalk or entering roadway.
cable to the driver of any vehicle, except those 10.48.150 Oinging to vehicles prohibited. ...
provisions of this title which by their very 10.48.160 Carrying articles-Limitation.
nature can have no application. (Prior code 10.48.170 Parking.
. & 11.04.130)
171
10.48.010-10.48.070
10.48.180 Riding on sidewalks- for any bicycle when he knows or has reasonable .
Restrictions. grounds to believe that the applicant is not the
10.48.190 Brakes and lights. owner of or entitled to the possession of such
10.48.200 Violation-Penalty - Violations bicycle.
by minors. C. The chief of police shall keep a record of
the number of each license, the date issued,
10.48.010 Regulations applicable- the name and address of the person to whom
Responsibility of parents and issued, and the number on the frame of the bi-
guardians. cycle for which issued, and a record of all bi-
A. It is a violation of this chapter for any cycle license fees collected by him. (Prior code
person to do any act forbidden or fail to per- ~ 11.04.485)
form any act required in this chapter.
B. The parent of any child and the guardian 10.48.050 Attachment of license plate.
of any ward shall not authorize or knowingly A. The chief of police, upon issuing a bicycle
permit any such child or ward to violate any of license, shall also issue a license plate bearing the
the provisions of this chapter. license number assigned to the bicycle, the
C. These regulations applicable to bicycles name of the city, the calendar year for which
shall apply whenever a bicycle is operated upon issued and the expiration date thereof.
any street or upon any public path set aside B. The chief of police shall cause such license
for the exclusive use of bicycles, subject to those plate to be tlrmly attached to the rear mudguard
exceptions stated in this chapter. (Prior code or frame of the bicycle for which issued, in
& 11.04.470) such position as to be plainly visible from the
rear. .
10.48.020 License- Required. C. No person shall remove a license plate
No person who resides within the city shall from a bicycle during the period for which is-
ride or propel a bicycle on any street or upon sued except upon a transfer of ownership or
any public path set aside for the exclusive use in the event the bicycle is dismantled and no
of bicycles unless such bicycle has been licensed longer operated upon any street in the city.
and a license plate is attached thereto as pro- (Prior code & 11.04.490)
vided in this chapter. (Prior code ~ 11.04.475)
10.48.060 Inspection prerequisite to licensing.
10.48.030 License-Application and fee. -The chief of police, or an oftlcer assigned
Applications for a bicycle license and license such responsibility, shall inspect each bicycle
plate shall be made upon a form provided by the before licensing the same, and shall refuse a
city and shall be made to the chief of police. license for any bicycle which he determines is
An annual license fee of twenty-five cents shall in an unsafe mechanical condition. (Prior code
be paid to the city before each license or renew- & 11.04.495)
al thereof is granted. (Prior code S 11.04.480)
10.48.070 Transfer of ownership.
10.48.040 License- Issuance conditions- Upon the sale or other transfer of a licensed
Recordkeeping. bicycle the licensee shall remove the license
A. The chief of police, upon receiving proper plate and shall either surrender the same to the
application therefor, is authorized to issue a chief of police or may, upon proper application
bicycle license, which shall be effective until and payment of additional fee of twenty-five
the next succeeding first day of 1 anuary. cents, have the plate assigned to another bicycle
B. The chief of police shall not issue a license owned by the applicant. (Prior code & 11.04.500) .
172
10.48.080-10.48.160
. 10.48.080 Rental agency requirements. 10.48.120 Riding on streets, roadways and
A rental agency shall not rent or offer any bicycle paths-Restrictions.
bicycles for rent unless the bicycle is licensed A. Every person operating a bicycle upon a
and a license plate is attached thereto as pro- street or roadway shall ride as near to the right-
vided herein and such bicycle is equipped with hand side of the roadway as practicable, exer-
the lamps and other equipment required in this cising due care when passing a standing vehicle
chapter. (Prior code ~ 11.04.505) or one proceeding in the same direction.
B. Persons riding bicycles upon a street or
10.48.090 Traffic laws applicable. roadway. shall not ride more than two abreast
Every person riding a bicycle upon a street except on paths or parts of roadways set aside
or roadway shall be granted all of the rights and for the exclusive use of bicycles.
shall be subject to all of the duties applicable to C. Whenever a usable path for bicycles has
the driver of a vehicle by the laws of this state been provided adjacent to a street or roadway,
declaring rules of the road applicable ~o vehicles, bicycle riders shall use such path and shall not
or by the traffic ordinances of this city appli~ use the street or roadway. (Prior code ~
cable to the driver of a vehicle, except as to spe- 11.04.525)
cial regulations in this title, and except as to
those provisions of laws which by their nature 10.48.130 Speed limits.
can have no application. (Prior code ~ No person shall operate a bicycle at a speed
11.04.510) greater than is reasonable and prudent under the
conditions then existing. (Prior code &
10.48.100 Traffic-control devices-Obedience 11.04.530)
. required.
A. Any person operating a bicycle shall 10.48.140 Yield right-of-way upon crossing
obey the instructions of official traffic-control sidewalk or entering roadway.
signals, signs and other control devices appli- The operator of a bicycle emerging from an
cable to vehicles, unless otherwise directed by alley, driveway or building shall, upon ap-
a police officer. pro aching a sidewalk or the sidewalk area
B. Whenever authorized signs are erected extending across any alleyway, yield the right-
indicating that no right or left or U turn is per- of-way to all pedestrians approaching on the
mitted, no person operating a bicycle shall dis- sidewalk or sidewalk area, and upon entering
obey the direction of any such sign, except the roadway shall yield the right-of-way to all
where such person dismounts from the bicycle vehicles approaching on the roadway. (Prior
to make any such turn, in which event such code & 11.04.535)
person shall then obey the regulations applicable
to pedestrians. (Prior code ~ 11.04.515) 10.48.150 Clinging to vehicles prohibited.
No person riding upon any bicycle shall
10.48.110 Operation restrictions. attach the same or himself to any vehicle upon
A. A person propelling a bicycle shall not a street or roadway. (Prior code & 11.04.540)
ride other than astride a permanent and regular
seat attached thereto. 10.48.160 Carrying artic1es- Limitation.
B. No bicycle shall be used to carry more No person operating a bicycle shall carry
persons at one time than the number for which any package, bundle or article which prevents
it is designed and equipped. (Prior code & the rider from keeping at least one hand upon
11.04.520) the handlebars. (Prior code & 11.04.545)
.
173
~". ,..._" .-
10.48.170-10.52.010
10.48.170 Parking. the city or county jail for a period not exceeding .
No person shall park a bicycle upon a street ninety days, or by both such fine and imprison-
other than upon the roadway against the curb, ment, except in the case of violation by minors
or upon the sidewalk in a rack to support the under the age of eighteen years. In case of
bicycle, or against a building, or at the curb, violation by any minor, or by any other person,
in such manner as to afford the least obstruc. a police officer is given the authority and power
tion to pedestrian traffic. No person shall park to remove and detain the license plate of such
a bicycle against a glass window at any time. person's bicycle for a period not exceeding
(Prior code S 11.04.550) thirty days, or to take possession of and im-
pound such person's bicycle so operated by the
10.48.180 Riding on sidewalks-Restrictions. violator at the time of such violation, for a
A. No person shall ride a bicycle upon any period not exceeding thirty days, or by any
sidewalk within the main business district. combination thereof, or such minor may be
B. No person over the age of fifteen years dealt with in accordance with the provisions of
shall ride any bicycle upon any sidewalk within the laws of the state governing juvenile delin-
the city. quents. (Prior code ~ 11.04.565)
C. Whenever any person is riding a bicycle
upon a sidewalk, such person shall yield the
right-of-way to any pedestrian, and shall give Chapter 10.52
audible signal before overtaking and passing such
pedestrian. (Prior code & 11.04.555) PEDESTRIANS
10.48.190 Brakes and lights. Sections: .
A. Every bicycle, when in use at night- 10.52.010 Pedestrians subject to restrictions
time, shall be equipped with a lamp on the front and traffic-control signals.
which shall emit a white light visible from a 10.52.020 Crosswalks-Pedestrian
distance of at least two hundred feet to the right-of-way.
front and with a red reflector on the rear of a 10.52.030 Crosswalks-Method of use.
type which shall be visible from all distances 10.52.040 Crossing roadways-Shortest
from fifty feet to three hundred feet to the route required.
rear when directly in front of lawful upper 10.52.050 Crossing roadways-Yielding
beams of head1amps on a motor vehicle. A lamp right-of-way required when.
emitting a red light visible from a distance of 10.52.060 Crossing roadways-Locations
three hundred feet to the rear may be used where prohibited.
in addition to the red reflector. 10.52.070 Walking along roadways-
B. Every bicycle shall be equipped with a Conditions-Soliciting rides
brake which will enable the operator to make prohibited.
the braked wheel skid on dry, level, clean 10.52.080 Driver precautions for pedestrian
pavement. (Prior code & 11.04.560) safety.
10.48.200 Violation-Penalty-Violations by 10.52.010 Pedestrians subject to restrictions
minors. and traffic-control signals.
Every person, firm or corporation convicted Pedestrians shall be subject to traffic-control
of violation of any of the provisions of this signals, but at all other places pedestrians shall
chapter shall be punished by a fine not exceed- be granted those rights and be subject to the
ing three hundred dollars or by imprisonment in .
174
10.52.020-10.52.080
. restrictions stated in this chapter. (Prior code B. The foregoing rules in this section have no
~ 11.04.430) application under the conditions stated in Sec-
tion 10.52.060 when pedestrians are prohibited
10.52.020 Crosswalks-Pedestrian from crossing at certain designated places. (Prior
right-of-way. code ~ 11.04.450)
A. When traffic-control signals are not in
place or not in operation, the driver of a vehicle 10.52.060 Crossing roadways-Locations
shall yield the right-of-way, slowing down or where prohibited.
stopping if need be to so yield, to a pedestrian A. Between adjacent intersections at which
crossing the roadway within a crosswalk when traffic-control signals are in operation, pedes~
the pedestrian is upon the half of the roadway trians shall not cross at any place except in a
upon which the vehicle is traveling, or when the crosswalk.
pedestrian is approaching so closely from the B. No pedestrians shall cross a roadway
opposite half of the roadway as to be in danger, other than in a crosswalk in Parts I and II of
but no pedestrian shall suddenly leave a curb the business district, or on any through or
or other place of safety and walk or run into arterial street or avenue. (Prior code ~
the path of a vehicle, which is so close that is 11.04.455)
impossible for the driver to yield.
B. Whenever any vehicle is stopped at a 10.52.070 Walking along roadways-
marked crosswalk or at any unmarked cross. Condi tions-Solici ting rides
walk at an intersection to permit a pedestrian prohibited.
to cross the roadway, the driver of any other A. Where sidewalks are provided, it is unlaw-
. vehicle approaching from the rear shall not over- ful for any pedestrian to walk along and upon an
take and pass such stopped vehicle. (Prior code adjacent roadway.
& 11.04.435) B. Where sidewalks are not provided, any
pedestrian walking along and upon a highway
10.52.030 Crosswalks-Method of use. shall, when practicable, walk only on the left
Pedestrians shall move, whenever practicable, side of the roadway or its shoulder, facing traffic
upon the right half of crosswalks. (Prior code which may approach from the opposite direc-
& 11.04.440) tion.
C. No person shall stand in a roadway for the
10.52.040 Crossing roadways-Shortest route purpose of soliciting a ride from the driver of
required. any vehicle. (Prior code & 11.04.460)
No pedestrian shall cross a roadway at any
place other than by a route at right angles to 10.52.080 Driver precautions for pedestrian
the curb or by the shortest route to the opposite safety .
curb, except in a crosswalk. (Prior code ~ Notwithstanding the foregoing provisions of
11.04.445) this chapter, every driver of a vehicle shall exer-
cise due care to avoid colliding with any pedes-
10.52.050 Crossing roadways-Yielding trian upon any roadway and shall give warning
right-of-way required when. by sounding the horn when necessary, and shall
A. Every pedestrian crossing a roadway at exercise proper precaution upon observing any
any point other than within a marked crosswalk child or any confused or incapacitated person
or within an unmarked crosswalk at an inter- upon a roadway. (Prior code & 11.04.465)
section shall yield the right-of-way to all vehicles
. upon the roadway.
175
10.56.0 1 O~ 1 0.56.040
Chapter 10.56 hundred dollars, or by both such fine and im- .
prisonment. Any person convicted under this
TRAFFIC ACCIDENTS AND VIOLATIONS section upon a charge of failure to stop after
an accident resulting in damage to property
Sections: shall be punished by imprisonment in the city
10.56.010 Report accidents immediately. jail for not less than five days and not more
10.56.020 Duty to stop in event of accident than thirty days, or by a fine not exceeding
-Penalty for violation. fifty dollars or by both such fine and imprison-
10.56.030 Traffic accident reports-Police ment. (Prior code & 11.04355)
department duties.
10.56.040 Traffic violations-Police 10.56.030 Traffic accident reports-Police
department duties. department duties.
A. The police department shall maintain a
10.56.0lD Report accidents immediately. suitable system of filing traffic-accident reports.
The driver of a vehicle involved in an accident Accident reports or cards referring to them shall
resulting in injury to or death of any person or be filed alphabetically by location.
property damage to an apparent extent of one B. The police department shall receive and
hundred dollars or more, shall immediately by properly file all accident reports made to it un.
the quickest means of communication give der state law or under any ordinance of this
notice of such accident to the police department city, but all such accident reports made by
if such accident occurs within this city. (Prior drivers shall be for the confidential use of the
code & 11.04.360) police department, and no such report shall be
admissible in any civil or criminal proceeding .
10.56.020 Duty to stop in event of accident- other than upon request of any person making
Penalty for violation. such report or upon request of the court having
A. The driver of any vehicle involved in an jurisdiction to prove a compliance with the laws
accident resulting in injury or death to any requiring the making of any such report. (Prior
person or damage to property shall immediately code ~ 11.04.105)
stop such vehicle at the scene of the accident,
and shall give his name and address and regis- 10.56.040 Traffic violations-Police
tration number of his vehicle to the person department duties.
struck or to the driver or occupants of any A. The police department or the traffic
vehicle collided with, or other persons owning division thereof shall keep a record of all viola-
or in possession of other property damaged, tions of the traffic ordinances of the city or of
and shall render to any person injured in such the state vehicle laws applicable to street traffic
accident reasonable assistance, including the in the city of which any person has been
carrying of such person to a physician or sur- charged, together with a record of the final
geon or hospital for medical or surgical treat- disposition of all such alleged offenses. Such
ment, if it is apparent that such treatment is record shall be so maintained as to show all
necessary or is requested by the injured person. types of violations and the total of each. The
B. Every person convicted under this section record shall accumulate during at least a five-
upon a charge of failure to stop after an accident year period. and from that time on the record
resulting in injury or death of any person shall shall be maintained complete for at least the
be punished by imprisonment in the city jail most recent five-year period.
for not less than ten days nor more than ninety B. All forms for records of violations and
days, or by a fine of not exceeding three notices of violations shall be serially numbered. .
176
10.60.010-10.60.020
e For each month and year, a written record police in directing traffic thereat or in the
shall be kept available to the public, showing immediate vicinity. (Prior code & 11.04.115)
the disposal of all such forms. (Prior code
~ 11.04.100) 10.60.020 hnpoundment of vehicles
authorized when-Procedures
required.
Otapter 10.60 A. Members of the police department are
authorized to remove a vehicle from a street,
ENFORCEMENT highway or public parking lot to the nearest
garage or other place of safety, or to a garage
Sections: designated or maintained by the police depart-
10.60.010 Enforcement-Authority of ment, or otherwise maintained by this city
police and fire department under the circumstances hereinafter enu-
officials. merated:
10.60.020 hnpoundment of vehicles 1. When any vehicle is left unattended upon
authorized when-Procedures any bridge, viaduct or causeway, or in any tube
required. or tunnel where such vehicle constitutes an
10.60.030 Violation of Chapters 10.04 obstruction to traffic;
through 10.60-Penalty. 2. When a vehicle upon a street or highway
10.60.040 Procedure upon arrest. is so disabled as to constitute an obstruction
10.60.050 Fine or imprisonment to traffic and the person or persons in charge
authorized. of the vehicle are, by reason of physical injury,
e 10.60.060 Fines and forfeitures- incapacitated to such an extent as to be unable
Disposition. to prQvide for its custody or removal;
3. When any vehicle is left unattended upon
10.60.010 Enforcement-Authority of police a street or highway and is so parked illegally
and fire department officials. as to constitute a definite hazard or obstruction
A. It shall be the duty of the officers of the to the normal movement of traffic;
police department, or such officers as are as- 4. When any vehicle is parked in a tow-away
signed by the chief of police, to enforce all zone;
street traffic laws of the city and all of the 5. When any vehicle is parked illegally for
state vehicle laws applicable to street traffic a period of more than six hOllrs;
in the city. 6. When any vehicle is abandoned on any
B. Officers of the police department, or such street, highway or public parking lot operated
officers as are assigned by the chief of police, by the city by not being moved or used for
are authorized to direct all traffic by voice, hand more than seven consecutive days, and such a
or signal, in conformance with traffic laws; vehicle is apparently deserted.
provided, that in the event of a fire or other B. Whenever an officer removes a vehicle
emergency or to expedite traffic or to safeguard from a street, highway or public parking lot
pedestrians, officers of the police department as all thorized in this section and the officer
may direct traffic as conditions may require knows or is able to ascertain from the regis-
notwithstanding the provisions of the traffic tration records in the vehicle the name and
laws. address of the owner thereof, the officer shall,
C. Officers of the fire department, when within a reasonable time, make every reasonable
at the scene of a fire, may direct or assist the effort to ascertain the identity of and to locate
e the owner of the vehicle and to give or calise to
177 (Bozeman 1-85)
__ ___n____ ..__________
10.60.030-10.60.060
be given notice in writing to the owner of the not exceeding thirty days, or by both such tIne e
fact of such removal and the reasons therefor, and imprisonment. (Ord. 110491,1982: prior
and of the place to which the vehicle has been code 9 11.04.755)
removed. In the event any such vehicle is stored
in a public garage, a copy of such notice shall 10.60.040 Procedure upon arrest.
be given to the proprietor of such garage. Any person, except a minor under eighteen
C. Before the owner or person entitled to years of age, arrested for violation of Chapters
possession of any vehicle removed and im- 10.04 through 10.60, shall be dealt with in
pounded, as provided herein, is permitted to accordance with the provisions of the ordinances
remove the same from the custody of the city, of the city concerning and relating to process
he shall furnish evidence of his identity and and execution of sentence. Minors under eigh-
ownership of the vehicle, or right of possession teen years of age shall be dealt with as provided
thereto, shall sign a receipt for the vehicle, or in the laws of the state relating to juvenile
right of possession thereto, shall sign a receipt delinquency. (Prior code ~ 11.04.765)
for the vehicle, and shall pay any towing charges
incurred by the city in towing said vehicle, 10.60.050 Fine or imprisonment authorized.
and shall pay such charges for the storage of A judgment that the defendant pay a fine
the vehicle as shall have been incurred by the may also direct that he be imprisoned until
city. the tIne is satisfied, in the proportion of one
D. The payment of such fees and charges, day's imprisonment for each two dollars of the
as provided in this chapter, shall not operatc fine. (Prior code ~ 11.04.760)
to rclieve the owner or operator of such vehicle
from liability from any fine or penalty for the 10.60.060 Fines and forfeitures-Disposition. e
violation of any law or ordinance on account All fines or forfeitures collected upon con-
of which such vehicle was removed and 1111- viction or upon forfeiture of bail of any person
pounded. (Ord. 1141, 1983: prior code 9 charged with a violation of any of the provisions
11.04.775) of Chapters 10.04 through 10.60 shall be paid to
the director of finance, and shall be credited to
10.60.030 Violation of Chapters 10.04
through 1O.60-Penalty.
A. Except as provided in subsection B below,
any person violating any of the provisions of
Chapters 10.04 through 10.60, or any rule or
regulation made by the director of public safety
pursuant thereto, shall unless otherwise speci-
fically designated herein, upon conviction there-
of by punished by a fine not exceeding one hun-
dred dollars or by imprisonment in the city jail
not exceeding thirty days, or by both such tine
and imprisonment.
B. Any person violating the provisions of
Section 10.32.040 shall, upon conviction
thereof, be punished by a fine of not less than
fifteen dollars nor more than one hundred
dollars, or by imprisonment in the city jail
(Boz~man 1-85) 178 e
10.64.0 I 0-1 0.64.020
. the several funds as by ordinance provided. property, or lessee or other person in possession
(Prior code S 11.04.770) of private property upon which such vehicle
or part(s) thereof is located, to remove same
from the city limits, or to have the same housed
Chapter 10.64 in a building where it will not be visible from the
street. (Prior code & 6.38.220)
ABANDONED OR JUNKED VEHICLES
10.64.020 Removal notice-To owner of
Sections: vehicle or land.
10.64.010 Leaving abandoned, wrecked or A. It shall be the duty of the director of pub-
junked vehicles on private lic welfare to give written notice to the regis-
property prohibited when- tered owner of any motor vehicle or part(s)
Removal. thereof which is in violation of Section
10.64.020 Removal notice-To owner of 10.64.010, or to give such notice to the owner _
vehicle or land. or lessee of private land upon which the motor
10.64.030 Removal notice-Public posting vehicle or part(s) thereof is situated, giving
required when-Fonn. notice that the vehicle or part(s) thereof violates
10.64.040 Removal of vehicle by city or Section 10.64.010, and demanding that the
contractor authorized when- motor vehicle or part(s) thereof be removed
Costs. from the city limits within seventy-two hours
10.64.050 Contract for removal-Authority from the time of service of notice, or that with-
of city manager. ing seventy-two hours same may be housed in
. a building where it will not be visible from the
10.64.010 Leaving abandoned, wrecked or street. The notice may be given by personal
junked vehicles on private property service, or by certified mail, with a return
prohibited when-Removal. receipt requested.
A. It is unlawful to park, store or leave, or B. Written notice required by this section
permit parking or storing of any licensed or shall be deemed to have been given (i.e., con-
unlicensed motor vehicle or any kind, or part(s) structive notice) when the registered owner of
thereof, for a period of time in excess of the motor vehicle or part(s) thereof, or the
seventy-two hours, which is in rusted, wrecked, owner, lessee or other person in possession of
junked, partially dismantled or inoperative or private property concerned herein either:
abandoned condition, whether attended or not, 1. Refuses to accept the prepaid United
upon any private property within the city limits, States mail certified letter from the city and
unless it is completely enclosed within a build- letter is returned from the post office marked
ing, or unless it is in connection with a business "refused" ; or
enterprise lawfully situated and licensed for 2. The person to be notified is present in
same. the city but the notification letter is returned
B. The accumulation and storage of two or marked "unclaimed" by the post office, in
more of such vehicles or part(s) thereof as here- which event notice by the city may be made by
inbefore defined on private property shall con- affixing the letter in a conspicuous place at the
stitute a nuisance, detrimental to the health, main entrance or to the front door of the
safety and welfare of inhabitants of the city, residence of such person. (Prior code S
and it shall be the duty of the registered owner 6.38.230)
of such vehicle or part(s) thereof, and it shall
. also be the duty of the owner of the private
179
10.64.030-10.64.050
10.64.030 Removal notice-Public posting by the city, its agent or contractor shall, upon .
required when-Form. such removal, be vested in the city, its agent or
A. After diligent search and inquiry by the contractor, as applicable. (Prior code S 6.38.250)
director of public welfare, no written notice
as above shall be required where the registered 10.64.050 Contract for removal-Authority of
owner of such vehicle or part(s) thereof or the city manager.
owner of the private property or lessee or other The city manager is authorized to enter into
person in possession of private property upon a written agreement with a duly licensed junk
which such vehicle or part(s) thereof is located dealer for the removal of abandoned, wrecked
cannot be found or determined, but instead or junked vehicles or part(s) thereof under this
a public notice shall be posted by the city clerk chapter wherein the consideration for the ser-
in three public places in the city for five con- vices of the junk dealer shall be the vehicle or
secutive days. part(s) thereof at no expense to the city. The
B. Such public notice shall include, among junk dealer, before entering into contract with
other information: "Public Notice; To Whom the city or being appointed its agent or contrac-
It May Concern," date, legal description of the tor in reference to Sections 10.64.040 and
situs, address of same, a full description of the 10.64.050, shall furnish evidence of public
motor vehicle or part(s) thereof, when available, liability insurance, to adequately protect such
the last known owner of the vehicle and/or agent or contractor and the city, deemed reason-
owner of the realty or last known person in able in the opinion of the city manager. In the
possession of the situs, and the date from or event a qualified and suitable junk dealer is not
approximate period of time during which the available to contract with or act as the city's
nuisance has existed. (Prior code S 6.38.240) agent or contractor as provided herein, the .
city manager is authorized to contract with
10.64.040 Removal of vehicle by city or the lowest responsible bidder to provide for
contractor authorized when- the removal from private property of aban-
Costs. doned, wrecked or junked vehicles or part(s)
In the event that any of the aforesaid persons, thereof under Section 10.64.040. (Prior code
whether an individual, fino or corporation, S 6.38.260)
fails, neglects or refuses to remove the aban-
doned, wrecked or junked vehicle or part(s)
thereof, or house same in the building as pro-
vided in subsection B of Section 10.64.010, and
abate the nuisance after the required notice, the
city, its agent or contractor may remove the
vehicle or part(s) thereof at the cost not to
exceed twenty-five dollars and a minimum
cost of five dollars as determined by the city;
which cost shall, if in the best interests of the
city as determined by the city manager, be
collected from the registered owner of such
vehicle or part(s) thereof or the owner of the
private property or lessee or other person in
possession of private property upon which
such vehicle or part(s) thereof is located. Owner- .
ship of any vehicle or part(s) thereof removed
.~
180
181 .
.
(OlA lIHSHlI)
11 ap.!l,
.
-.
.
.
.