HomeMy WebLinkAboutTitle 12
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Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Street Grades
12.08 Building Numbers
12.12 Street Maintenance
12.14 Tree Maintenance District
12.16 Street Maintenance District
12.20 Sidewalk and Curb Construction
12.24 Snow Removal From Sidewalks
12.26 Park Regulations
12.28 Public Concerts
12.30 Trees and Other Vegetation
12.32 Parades and Public Assemblies
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183 (Bozeman 4-98)
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12.04.010-12.08.030
. Chapter 12.04 Chapter 12.08
STREET GRADES BUILDING NUMBERS
Sections: Sections:
12.04.010 Datum line for establishment of 12.08.010 Purpose of chapter provisions.
street grades-Bench marks. 12.08.020 Official map adopted.
12.08.030 Numbers assigned before 1920.
12.04.010 Datum line for establishment of 12.08.040 Numbering buildings required.
street grades-Bench marks. 12.08.050 City engineer to assign numbers.
A datum line, or base, from which the grades 12.08.060 Numbering system described-
of the several streets and avenues within the city Base lines.
shall be determined, is hereby defined, fixed 12.08.070 Affixing numbers to buildings-
and designated by reference to the following Owner or occupant responsibility.
described bench marks, as follows: 12.08.080 Style and location of numbers.
A. The top of the sandstone base at the foot 12.08.090 Alley numbering system.
of the iron column on the west-side main en- 12.08.100 Numbers procured by city.
trance to the fire engine room in the building 12.08.110 Violation-Penalty.
known as the City Hall, situated at the south-
west corner of East Main Street and Rouse 12.08.010 Purpose of chapter provisions.
A venue, is seven hundred and ninety-four In order to establish a uniform system of
and four one-hundredths (794.04) feet above numbering houses, private, public or business,
. datum. within the city, all houses, private, public or
B. The top of the first stone step above the business, fronting on streets, avenues and public
sidewalk, at the west end of the steps and front highways within the city shall be numbered as
,edge of same, at the front entrance of the provided in this chapter. (Prior code & 9.08.010)
Bozeman National Bank in the building known
as the Krueger Block, situated at the southwest 12.08.020 Official map adopted.
corner of Main Street and Bozeman Avenue, The map or plat heretofore prepared by the
is seven hundred and ninety-three and ninety- city engineer under date of October, 1919,
nine one-hundredths (793.99) feet above datum. designated as "Map of Bozeman, Montana,
C. The top of the stone ball at the front Showing House Numbering System," is hereby
entrance to the courthouse, at the foot of the referred to and made a part of this chapter,
steps, on the east side, is eight hundred and one and shall govern in all matters relating to the
and six one-hundredths (801.06) feet above numbering of houses, private, public and bUsi~
datum. (Prior code & 9.04.010) ness, as provided in this chapter. (Prior code
& 9.08.020)
12.08.030 Numbers assigned before 1920.
The numbers assigned before 1920 to houses,
private, public or business, except as provided
in this chapter, shall remain the numbers of such
houses, respectively, until otherwise changed
by the commission. (Prior code & 9.08.030)
. 185
12.08.040-12.08.090
12.08.040 Numbering buildings required. D. In numbering, only full blocks shall be .
It is hereby made the duty of the owner, given one hundred numbers; blocks approxi~
agent or person in possession of every house, mately double the ordinary frontage shall be
private, public or business, in the city, to num~ given two hundred numbers. Across all un.
ber it as provided in this chapter. (Prior code divided tracts of land intervening between por~
& 9.08.040) tions laid out into blocks, the lines of all streets
or avenues shall be considered to cross in regular
12.08.050 City engineer to assign numbers. continuation of streets in additions adjoining.
The city engineer shall assign to each house, (Prior code & 9.08.060)
private, public or business, in the city, its proper
number, and upon application shall deliver, free 12.08.070 Affixing numbers to buildings-
of charge, to the owner or occupant thereof, a Owner or occupant responsibility.
certificate designating the number. (Prior code It is the duty of every owner or occupant of
& 9.08.050) every house, private, public or business, and the
agents of such owners of such houses upon all
12.08.060 Numbering system described- streets and avenues of the city to number
Base lines. buildings in accordance with the provisions of
A. All streets and avenues running north and this chapter, and it is unlawful for any such
south shall be numbered from Main Street as a owner, occupant or agent to retain or use, or
base or division line and shall be numbered permit to remain upon any such house, any
north and south therefrom. All streets running other number than the number designated by
east and west shall be numbered from Tracy this chapter for such house. It shall be the duty
A venue as a base or division line and shall be of every such owner, occupant or agent, upon .
numbered east and west therefrom. The initial notice from the city engineer or any person de~
number in each instance shall be zero. signated by him, to cause the official number
B. One hundred numbers shall be assigned to to be placed upon every house so owned or
the houses, private, public or business, on any occupied by such owner or occupant, or for
street or avenue in any block. On both sides of which such agency may exist, such num bering
Main, Babcock and Mendenhall Streets, between to be done in the manner provided in this chap-
Wallace Avenue and Third Avenue, one number ter within thirty days after service of such no~
shall be given for every fifteen feet fronting on tice. (Prior code & 9.08.070)
said streets. On both sides of Wallace A venue,
Church A venue, Rouse A venue, Bozeman 12.08.080 Style and location of numbers.
Avenue, Black Avenue, Tracy Avenue, Central All numbers shall be of some metallic sub~
A venue, Grand A venue and Third A venue, stance, or porcelain, or may consist of gilt
between Babcock Street and Mendenhall Street, lettering on the inside of a glass transom or
one number shall be given for each fifteen feet door, and shall be distinctly legible and at least
fronting thereon. On both sides of all other three inches high, and all such metal or porcelain
streets and avenues, or parts of streets and ave- figures or lettering shall be in a conspicuous
nues, one number shall be given for each twenty~ place where the number can be easily seen from
five feet fronting thereon. the middle of the street. (Prior code & 9.08.080)
C. Houses, private, public or business, on the
north and west sides of streets and avenues shall 12.08.090 Alley numbering system.
be given odd numbers, and houses, private, Every alley running east and west shall take
public or business, on the south and east sides the number of the street south of it, and every .
of streets an~ avenues shall be given even numbers. alley running north and south shall take the
....
186
12.08.100-12.12.030
. name of the street or avenue east of it. All alleys 12.12.040 Obstructing or encumbering
shall take the same numbers as the streets or streets-Pennit required.
avenues from which they are named, the even 12.12.050 Structures in streets-Pennit
numbers being on the south and east sides and required.
the odd numbers being on the north and west 12.1-2.060 Obstructions- W aming signals
sides thereof. (Prior code ~ 9.08.090) required .
12.12.070 Removal of litter or obstructions
12.08.100 Numbers procured by city. -Notice-Work perfonned by
The city engineer shall, and it is his duty to city when-Costs.
arrange with some business house in the city to 12.12.080 Removal of obstructions-Time
procure a supply of standard figures to number limit-Interfering when work
houses as provided in this chapter, and there- perfonned by city prohibited.
after keep on hand a sufficient supply therefor, 12.12.090 Lotteries or gambling in streets
which numbers shall be furnished to owners, or public places prohibited.
occupants and agents of houses at a minimum 12.12.100 Violation-Penalty.
and standard price therefor. (Prior code ~
9.08.100) 12.12.010 Street names to be as shown on
official map.
12.08.110 Violation-Penalty. The several streets, avenues, alleys and public
Every owner or occupant, or agent of any places and extensions of the same in the city
owner of any house, private, public or busi- shall hereafter be known and designated by the
ness, now erected or hereinafter to be erected name applied thereto respectively on the maps
. in the city who fails, neglects or refuses, wilfully and plats of the city, and additions, filed in the
or otherwise, to comply with the terms and pro~ offices of the city clerk and the county clerk
visions of this chapter, shall be guilty of a mis- and recorder of Gallatin County. (Prior code
demeanor, and each day's continuance of an ~ 9.12.010)
act forbidden, or omission of a duty required,
shall constitute a separate and distinct offense 12.12.020 Streets and public places to be kept
and be fined and punished accordingly. (Prior clear of obstructions and debris.
code ~ 9.08.110) The streets, avenues, alleys and public places
of the city, including sidewalks, shall at all
times, except as otherwise provided in this chap-
Chapter 12.12 ter, be kept free, clear and clean of all obstruc-
tions, debris, encumbrances and encroachments
STREET MAINTENANCE which hamper or interfere with the free and safe
use thereof by the public. (Prior code &
Sections: 9.12.020)
12.12.010 Street names to be as shown on
official map. 12.12.030 Work in streets-Pennit required-
12.12.020 Streets and public places to be Interfering with authorized work
kept clear of obstroctions and prohibited.
debris. No person shall impede, obstruct or tear up
12.12.030 Work in streets-Pennit required any pavement, sidewalk or crosswalk, or any
-Interfering with authorized part thereof; dig any hole, shaft, ditch or drain;
. work prohibited. or dig or remove any sod, earth, stones, sand or
gravel from any street, avenue, alley and public
187
12.12.040-12.12.080
place without first having obtained permission dawn of each and every day the street, avenue, .
from the director of public service; or hinder or alley or public place is rendered hazardous or
obstruct the making or repairing of any public unsafe for usual and customary use. Failure or
improvement or work ordered or done by, or omission to protect against accident, as in this
under the authority of the city. (Prior code section provided, shall forthwith work a for-
~ 9.12.030) feiture of any permit which may have been
granted with reference thereto. (Prior code
12.12.040 Obstructing or encumbering streets ~ 9.12.080)
-Permit required.
No person, association, company or corpo- 12.12.070 Removal of litter or obstructions'-
ration shall encumber or obstruct, or cause to Notice-Work performed by city
be encumbered or obstructed any street, avenue, when-Costs.
alley or other public place in the city by placing The director of public service is authorized
therein or thereon any building materials, trash, to order any article or thing whatsoever, includ-
garbage, rubbish, debris, accumulated snow ing but not limited to accumulated snow and
and ice removed from an adjoining private prem- ice removed from an adjoining private premises,
ises, or any article or thing whatsoever, without which encumbers, litters or obstructs any street,
first having obtained permission in writing from avenue, alley or other public place within the
the director of public service of the city, (Prior city, to be removed. If such removal is not
code ~ 9.12.040) made within six hours after notice to the owner
or person in charge thereof to remove the same,
12.12.050 Structures in streets-Pennit or if the owner cannot be readily found for the
required. purpose of such notice, the director of public .
No building or other structure, in whole or service shall cause the same to be removed to
in part, shall be erected or placed upon any some suitable place to be designated by the
street, avenue, alley or public place within the director, at the expense of the person, cor-
city without permission in writing of the direc- poration or association responsible therefor,
tor of public service first had and obtained. and under the pains and penalties as hereinafter
(Prior code ~ 9.12.060) provided for violations of this chapter. (Prior
code & 9.12.050)
12.12.060 Obstructions-Warning signals
required. 12.12.080 Removal of obstructions-Time
When permission shall have been granted, as limit-Interfering when work
provided in this chapter, for the use of any perfonned by city prohibited.
portion of a street, avenue or public place of Any building, fence, porch, steps, gallery or
the city for any purpose whatsoever, the per- other obstruction now upon or hereafter placed
mittee shall cause torches or red lights to be or erected upon any street, avenue, alley or
set in such number and location in and about public place within the city, or which may be
said street, avenue, alley or public place as will upon any new street, avenue, alley or public
serve to, and give reasonable, proper and timely place which may hereafter be opened or created
warning of danger or hazard to all persons law- within the city, shall be removed therefrom
fully using such street, avenue, alley or public within such reasonable time, not exceeding
place, or any part thereof, and shall take all thirty days, and not less than three days after
other reasonably necessary precautions to pre- notice in writing has been given to the owner or
vent accidents to the public. The lights and pro- person responsible for such obstruction shall be .
tection shall be maintained between dusk and given by the director of public service; and if the
.......
188
12.12.090-12.14.030
-- owner or person responsible for such obstruction tion of maintenance as used in this chapter. (Ord.
cannot be readily found for the purpose of such 1311 ~ 1, 1990)
notice, it shall be the duty of the director of public
service to cause the obstruction to be removed, in 12.14.020 Method of planting and
his discretion; and the expense of such removal shall maintaining trees.
be recoverable from the owner or person responsible All planting and maintenance of trees in all pub-
for the obstruction in addition to the penalties herein lic places, right-of-ways and parks to be done within
provided; and every person who interferes with, the district or districts created by the city may be
resists or obstructs by acts or threats, or in any other done by contract or by forces employed by the city,
manner, the removal of such obstruction under the or by both, in such manner as the commission may
order or direction of the director of public service, elect. (Ord. 1311 ~ 2, 1990)
is guilty of a violation of this chapter. (Prior code
~ 9.12.070) 12.14.030 Method of paying for
maintenance.
12.12.090 Lotteries or gambling in streets or A. The city commission shall estimate, as near
public places prohibited. as practicable, the cost of the maintenance in each
The conducting or carrying on of any lottery, established district annually, before the first Monday
raffle, game of chance, or any gambling game of in September. The commission shall pass and finally
any nature or description, in or upon any street, adopt a resolution specifying the district assessment
avenue, alley or public place of the city, is prohibit- option and levying and assessing all the property
ed. (Prior code ~ 9.12.090) within each established district.
e B. The resolution levying the assessment to
12.12.100 Violation-Penalty. defray the cost of maintenance shall contain or refer
Violations of this chapter shall be punishable by to a list in which shall be described the lot or parcel
a fine not more than three hundred dollars, or by of land assessed, with the name of the owner thereof
imprisonment of not less than three days or more if known, and the amount levied thereon set oppo-
than ninety days, or by both such fine and imprison- site.
ment. (Prior code ~ 9.12.100) C. Such resolution shall be kept on file in the
office of the clerk of the commission for public
inspection.
Chapter 12.14 D. A notice of intent to adopt such resolution,
signed by the clerk of the commission, stating that
TREE MAINTENANCE DISTRICT the resolution levying the special assessment to
defray the cost of maintenance in each established
Sections: district is on file in the clerk of the commission's
12.14.010 Definitions. office and subject to inspection for a period of five
12.14.020 Method of planting and days, shall be published at least once in a newspaper
maintaining trees. published in the city. The notice shall state the time
12.14.030 Method of paying for and place at which objections to the final adoption
maintenance. of the resolution will be heard by the commission.
The time for the hearing shall be not less than five
12.14.010 Definitions. days after the publication of the notice.
The word "maintenance" as used in this chapter E. At the time so set, the commission shall meet
e means the planting, pruning and removal of trees. and hear all objections which may be made to such
Routine watering does not come within the defini- assessment or any part thereof and may adjourn
189 (Bozeman 4-98)
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12.16.010--12.16.030
from time to time for that purpose and may by amount equal to not less than seventy-five percent e
resolution modify such assessment in whole or in of the entire cost of such work.
part. B. The resolution levying the assessment to
F. A copy of the resolution, certified by the defray the cost of maintenance shall contain or refer
clerk of the commission, must be delivered to the to a list in which shall be described the lot or parcel
city treasurer and the assessments shall be placed of land assessed, with the name of the owner thereof
upon the tax roll and collected in the same manner if known, and the amount levied thereon set oppo-
as other taxes and assessments. (Ord. 1429 ~ 1, site.
1996: Ord. 1311 ~ 3, 1990) C. Such resolution shall be kept on file in the
office of the clerk of the commission for public
inspection.
Chapter 12.16 D. A notice of intent to adopt such resolution,
signed by the clerk of the commission, stating that
STREET MAINTENANCE DISTRICT the resolution levying the special assessment to
defray the cost of maintenance in each established
Sections: district is on file in the clerk of the commission's
12.16.010 Definitions. office and subject to inspection for a period of five
12.16.020 Method of maintenance. days, shall be published at least once in a newspaper
12.16.030 Method of paying for published in the city. The notice shall state the time
maintenance. and place at which objections to the final adoption
of the resolution will be heard by the commission.
12.16.010 Definitions. The time for the hearing shall be not less than five
The word "maintenance" as used in this chapter days after the publication of the notice. e
includes, but is not limited to, sprinkling, graveling, E. At the time so set, the commission shall meet
oiling, chip sealing, seal coating, overlaying, treat- and hear all objections which may be made to such
ing, general cleaning, sweeping, flushing, snow assessment or any part thereof and may adjourn
removal and leaf and debris removal. (Ord. 1310 from time to time for that purpose and may by
~ 1, 1990) resolution modify such assessment in whole or in
part.
12.16.020 Method of maintenance. F. A copy of the resolution, certified by the
All street, alley and public place maintenance to clerk of the commission, must be delivered to the
be done within the district or districts created by the city treasurer and the assessments shall be placed
city may be done by contract or by forces employed upon the tax roll and collected in the same manner
by the city, or by both, in such manner as the com- as other taxes and assessments. (Ord. 1310 ~ 3,
mission may elect. (Ord. 131 0 ~ 2, 1990) 1990)
12.16.030 Method of paying for
maintenance.
A. The city commission shall estimate, as near
as practicable, the cost of the maintenance in each
established district annually, not later than the sec-
ond Monday in August. The commission shall pass
and finally adopt a resolution specifying the district
assessment option and levying and assessing all the e
property within each established district with an
(Bozeman 4-98) 190
12.20.010--12.20.035
e Chapter 12.20 12.20.020 Establishing grades and setting
stakes-Requirements before
SInEW ALK AND CURB CONSTRUCTION construction.
No sidewalk or curb shall be constructed on any
Sections: of the streets, avenues or alleys of the city without
12.20.010 City engineer authority- the city engineer having first established and set the
Materials, construction and stakes for the grades thereof; and before any proper-
widths. ty owner or anyone in his behalf shall commence
12.20.020 Establishing grades and setting the construction of any sidewalk or curb, he shall
stakes-Requirements before ascertain of the city engineer the cost for establish-
construction. ing the desired grade and stakes for the same, and
12.20.030 Establishing grades and setting shall pay the amount prescribed by the city engineer
stakes-Charges. to the director of finance, whose receipt exhibited
12.20.035 Repair of sidewalks by abutting to the city engineer shall be his authorization for
owners-Failure to repair. establishing the grades and setting the stakes. (Prior
12.20.040 Fees-Payments and deposit. code ~ 9.36.030)
12.20.050 Permanent concrete sidewalks
required-Variance permitted 12.20.030 Establishing grades and setting
when. stakes-Charges.
12.20.060 Notice to construct curb or A. The charge for establishing grades and stakes
sidewalk-Form and contents. shall be as follows:
12.20.070 Construction ordered by city- 1. For sidewalk or curb--twenty-five cents per
e Warrant for payment of costs. front foot;
2. For curb and sidewalk-thirty cents per front
12.20.010 City engineer authority- foot.
Materials, construction and B. The minimum charge to anyone shall be ten
widths. dollars and the maximum charge for one block shall
A. All sidewalks and curbs which may hereafter be seventy-five dollars. (Ord. 1235 ~ 2, 1987: prior
be constructed upon any street or avenue in the city, code ~ 9.36.040)
whether ordered in by the city commission or con-
structed under the laws governing special improve- 12.20.035 Repair of sidewalks by abutting
ment districts, or installed by any contractor or owners-Failure to repair.
property owner, or otherwise, shall be constructed All owners or agents of owners with property
under the supervision, direction and inspection of abutting and fronting upon any street or alley within
the city engineer, and out of such materials as may the corporate limits of the city are required to keep
be prescribed by him. the public sidewalks immediately abutting their
B. All sidewalks constructed in the central busi- property in good order and repair. Each such owner
ness district of the city shall have a minimum width shall be liable to the city for all losses to the city or
of ten feet unless a variance is granted by majority recoveries from the city for damages to person or
vote of the city commission. All other sidewalks property of others caused by his failure or that of
constructed on any of the streets and avenues of the his agents to repair and keep in good order and
city shall have a minimum width of five feet. (Ord. reasonably safe condition all such sidewalks abutting
1235 ~ 1, 1987: prior code ~ 9.36.010) and fronting his property within the corporate limits
of the city. The city may, at its discretion, through
e the director of public service, notify such owner that
191 (Bozeman 6-96)
12.20.040-12.20.070
repairs are necessary to put such sidewalk in good meeting, held on the _ day of . e
order and such owner shall, within thirty days after ordered the of a cement concrete
-
such notification, under the supervision of the direc- in front of that certain lot or parcel of land
tor of public service, complete such repairs, as spec- owned by you, situated in the City of Bozeman,
ified in such notice. If the person fails to make the Montana, and described as follows, to-wit:
required repairs, the city may repair same and pay Lots .
for such repairs. The amount so paid by the city Block Addition.
shall be lien upon the lot and may be enforced or Said improvement to be constructed in accor-
the amount may be recovered against the owner by dance with said order and the approved
a suit before any court of competent jurisdiction. specifications therefor, on file in the office of the
(Ord. 1300 ~ 1. 1990: Ord. 1235 ~ 3, 1987) City Engineer of said City, and at the established
grade of said street.
12.20.040 Fees-Payments and deposit. You will be allowed thirty days from and
All fees shall be paid to the director of finance after the service of this notice upon you to con-
and deposited in the general fund. (Prior code ~ struct, or cause to be constructed, the said im~
9.36.050) provement as ordered, and if you shall fail or
neglect to construct, or cause same to be con-
12.20.050 Permanent concrete sidewalks structed, within the said period of time. the City
required-Variance permitted of Bozeman will construct, or cause to be con-
when. structed, the said improvement as ordered and
Permanent concrete sidewalks shall be construct- will assess the cost thereof against the said prop-
ed within and upon all of the streets and avenues of erty in front of which the same is constructed.
the city, provided that the city engineer of the city e
may issue a permit for the construction of temporary City Manager
sidewalks of other materials. (Prior code ~ 9.36.020) (Ord. 1235 ~ 4, 1987: prior code ~ 9.36.060)
12.20.060 Notice to construct curb or 12.20.070 Construction ordered by city-
sidewalk-Form and contents. Warrant for payment of costs.
Whenever the city commission orders a sidewalk A. When any such sidewalk and curb. or either
or curb, or either thereof, constructed in front of any thereof, are constructed by or under the direction of
lot or parcel of land within the city, without the the city commission, payment for the construction
formation of a special improvement district, pursu- thereof shall be made by special warrants which
ant to the provisions of MeA ~ 7-14-4109, or any shall be drawn upon a fund to be known as the
acts supplementary thereto or amendatory thereof, "special sidewalk and curb fund," and such warrants
notice of such order of the city commission shall be shall be in substantially the following form:
given by the city manager, to the owner or agent of
such property, by mailing notice to his last known SPECIAL SIDEWALK AND CURB WARRANT
address, according to the requirements of Section 7. Bozeman, Montana
1-4120 MeA, and such notice shall be in substan- No. - 19_ $-
tially the following form: Bozeman, Montana, .19_
The City of Bozeman, Montana, will pay to
No._ Bozeman, Montana, _, 19_ OR BEARER HEREOF, the sum of
TO DOLLARS
YOU ARE HEREBY NOTIFIED that the on account of sidewalks and curbs constructed in
City Commission of the City of Bozeman. at its said city. This Warrant is issued under the provi- e
(Bozeman 6-96) 192
12.20.070
e sions of MeA, Section 7-14-4109 and Acts Registered in the office of the Director of
amendatory thereof and supplementary thereto, Finance of the City of Bozeman, Montana, this
and under resolutions and ordinances of said city day of .
relating to sidewalks and curbs. AD. 19-, and redeemable at the option of
The principal and interest of this warrant are the City of Bozeman on or before the first day of
payable at the office of the office of the City January, AD. 19_.
Treasurer at Bozeman, Montana.
This warrant bears interest at the rate or rates Director of Finance
designated by the successful bidder and autho- B. Such warrants shall be signed by the mayor
rized and accepted by the City Commission from and clerk of the city commission, and shall bear the
date of its registration as expressed herein until corporate seal of the city and shall have attached to
date called for its redemption by the City Trea- them interest coupons, one for each year's interest
surer. The interest on this warrant is payable on to become due thereon, and shall bear the facsimile
the first day of January in each year, until the signatures of the mayor and city clerk, and shall be
payment of this warrant, as expressed by the in substantially the following form:
interest coupons hereto attached.
This warrant is payable from the collection Coupon No._. Special Sidewalk and
of a special tax or assessment and is redeemable Curb Fund $
at the option of the City of Bozeman on or before On January 1, 19-, the Director of Fi-
the first day of January, AD. 19 . at any nance of Bozeman, Montana, will at his office in
time there is money to the credit of the said the City of Bozeman, Montana, pay .
Sidewalk and Curb Fund for the redemption or bearer, the sum of Dollars, being
e thereof and in the manner provided for the re- interest due on said date of payment on its Spe-
demption of the same. The holder of this warrant cial Sidewalk and Curb Fund Warrant No. -
shall have no claim therefor against said City in issued on account of sidewalks and curbs.
any event except from the collection of special THE CITY OF BOZEMAN
assessments made to defray the cost of sidewalks , Mayor
and curbs for which this warrant is issued, but his City Clerk, as Clerk to
remedy in case of nonpayment shall be confined the City Commission.
to the enforcement of such assessments. C. Such special sidewalk and curb warrants shall
IT IS HEREBY CERTIFIED AND RECITED be issued in the denomination of one hundred dol-
that all acts and things required to be done prece- lars each, or fractions thereof when necessary. (Ord.
dent to and in the issuance of this warrant have 1235 ~ 5, 1987: prior code ~ 9.36.070)
been properly done, approved and been per-
formed in the manner prescribed by the laws of
the State of Montana and the resolutions of the
City of Bozeman, Montana, relating to the issu-
ance hereof, and the interest coupons hereto
attached are signed with the facsimile signatures
of the Mayor and City Clerk.
THE CITY OF BOZEMAN, MONTANA
By
Attest:
City Clerk, as Clerk to the City Commission
e 192~ 1
(Bozeman 6-96)
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12.24.010--12.24.020
e Chapter 12.24 H. "Sidewalk" means that portion of a street
between the curb line, or the lateral lines of a
SNOW REMOVAL FROM SIDEWALKS roadway, and the adjacent property line paved and
intended for the use of pedestrians.
Sections: I. "Business day" is any day not a Sunday or a
12.24.010 Definitions. national holiday.
12.24.020 Snow and ice to be removed from J. "Business district" includes all lots located
sidewalks. with an R-O, B-1, B-2 or B-3 district as defined in the
12.24.030 Depositing of snow and ice zoning title of the Bozeman Municipal Code
restricted. excepting however, those lots which are occupied
12.24.040 Violations-Civil penalty and solely by one or more dwelling units.
collection. K. "Business hours" are the hours between nine
12.24.045 Appeals. a.m. and five p.m. on any business day.
12.24.050 Criminal penalties. L. The "director" is the director of public service
12.24.060 Legislative intent. (works) or his duly designated and acting
representative.
12.24.010 Definitions. M. The "city" is the city of Bozeman. (Ord. 117 ~
The following definitions shall apply in the 1 (part), 1985)
interpretation and enforcement of this chapter:
A. "Person" means any individual, business 12.24.020 Snow and ice to be removed from
association, partnership, corporation or other legal sidewalks.
entity. A. Every owner of land within the city fronting or
e B. "Lot" means a parcel of land occupied or abutting on a paved sidewalk shall remove and clear
intended for occupancy by one main building away, or cause to be removed and cleared away, any
together with its accessory buildings and which may snow and ice from that portion of the sidewalk in
include more than one platted lot. front of or abutting the building or lot of land.
C. "Front lot line" means the front boundary line 1. Sidewalks which front on or abut both the rear
of a lot bordering on the street and, in the case of a lot line of a lot and an arterial street shall be excepted
comer lot, may be either frontage. from this chapter.
D. "Rear lot line" means the rear boundary line or 2. Except as provided in subsection B and
lines of a lot located opposite its front lot line. regardless of the manner in which the snow or ice is
E. "Street" or "highway" means the entire width deposited on sidewalks, all snow and ice shall be
between the exterior boundary lines of every publicly removed from sidewalks in all business districts
maintained way or other public or private place within the city by nine a.m. of the next business day,
adapted and fitted for the use of the public for by twelve noon of the next nonbusiness day or within
purposes of vehicular travel. four business hours after any snow or ice deposit,
F. "Arterial street" means any U.S. or state whichever period is shorter.
numbered route, controlled access highway or other 3. Except as provided in subsection B and
major radial or circumferential street or highway regardless of the manner in which the snow and ice
designated by the city as part of its major arterial are deposited, all snow and ice shall be removed
system. from all other sidewalks within the city within the
G. "Roadway" means that portion of a street or first twenty-four hours after any snow or ice deposit..
highway improved, designed, or ordinarily used for B. However, in the event the director of public
vehicular travel or parking, exclusive of the berm or service determines the snow and ice on a sidewalk
e shoulder. cannot be reasonably removed, the director may
193
(Bozeman 11~01)
12.24.030-----12.24.060
require the use of sand or other suitable substance to E. In the event of assessment, the city e
make pedestrian travel reasonably safe. This request commission shall annually adopt a resolution levying
will be complied with within the time set forth in an assessment and tax against each lot or parcel of
subsection A. In that event, however, the sidewalk land fronting or abutting on the sidewalks ordered
will be thoroughly cleaned as s,?on as the weather cleared by the director in accordance with the
permits. (Ord. 1529 ~ 1, 2000: Ord. 1171 ~ 1 (part), provisions of this chapter. All assessments levied
1985) shall be charged simple interest at the rate of ten
percent per year from the date the work is performed
12.24.030 Depositing of snow and ice until the assessment is fully paid and satisfied. (Ord.
restricted. 1529 ~ 2, 2000: Ord. 1171 ~ 1, (part), 1985)
No person shall deposit or cause to be deposited
any accumulation of snow or ice on or against a fire 12.24.045 Appeals.
hydrant or on any sidewalk, roadway, curb or gutter, The director of public service shall develop a
any loading and unloading area of a public program allowing all landowners assessed III
transportation system or any area designated for use accordance with this chapter to appeal the
by emergency vehicles for access. (Ord. 1171 ~ I assessment. Property owners wishing to appeal the
(part), 1985) assessment will submit their appeal to the director of
public services or a designated representative within
12.24.040 Violations-Civil penalty and thirty days ofthe date of the first notice required in
collection. 12.24.040(D) herein or five working days prior to the
A. Should any person fail to clear away or treat city commission meeting at which the assessment is
with abrasives and subsequently clear away any snow being considered, whichever is sooner. (Ord. 1529
and ice from any sidewalk as required, the director ~3,2000) e
may, as soon as practicable after such failure, have
the sidewalks cleared. 12.24.050 Criminal penalties.
B. The director shall record the name of the Any person who violates any provision of this
property owner, the legal description and street chapter shall be deemed guilty of a misdemeanor and
address of the lot(s), the exact dates and costs of all upon conviction shall be fined in an amount of not
snow removal done in accordance with this section more than five hundred dollars or be imprisoned in
including but not limited to the costs of private the county jail for a term not to exceed six months, or
contractors hired for such purpose and administrative both. Each day such violation is committed or
costs. pennitted to continue shall constitute a separate
C. Each person who fails to clear the sidewalk as offense and shall be punishable as such. (Ord. 1529 ~
required herein and thus requires the city to perform 4, 2000: Ord. 1171 ~ 1 (part), 1985)
the work in accordance with this section shall be
liable to the city for the cost of such work plus a civil 12.24.060 Legislative intent.
penalty of thirty dollars or twenty percent of such It is the intent of the city commission that the
costs, whichever is greater. criminal offenses listed in this Chapter 12.24 be
D. The director or a designated representative offenses involving absolute liability. Those offenses
shall give the property owner(s) written notice of the shall not require proof of anyone of the mental states
amount owed to the city as soon as practicable described in subsections (33), (37), and (58) of
following the completion of the work. The payment Section 45-2-101, MeA. (Ord. 1171 ~ 1 (part), 1985)
of such amount may be enforced through suit for
collection or by levying an assessment on the
premises or both. e
(Bozeman 11-0 I) 194
12.26.010--12.26.030
e Chapter 12.26 E. "Fireworks" shall mean any combustible or
explosive composition or any substance, combination
PARK REGULATIONS of substances, or article prepared for the purpose of
producing a visible or audible effect by combustion,
Sections: explosion, deflagration or detonation, or any device
12.26.010 Intent. containing explosive or flammable compound,
12.26.020 Definitions. whether solid, liquid or gaseous in form.
12.26.030 Park prohibitions. F. "Park" is a park, playground, recreation com-
12.26.040 Park use. plex or any other area in the city, developed or
12.26.050 Permits. undeveloped, owned or used by the city, and devoted
12.26.060 Hours of operation. to active or passive recreation.
12.26.070 Traffic control. G. "Person" is any individual, firm, partnership,
12.26.075 Regulations pertaining to wheeled association, corporation, company or organization of
recreational devices. any kind.
12.26.080 City commission-Park H. "Vehicle" is any device in, upon or by which
development. any person or property may be transported or drawn
including snowmobiles. The term shall include any
12.26.010 Intent. trailer in tow of any size, kind or description. Ex~
The provisions of this chapter shall apply to all ception is made for bicycles, baby strollers and
park lands in the city, whether dedicated, deeded, or carriages, wheelchairs, and vehicles in the service of
otherwise acquired for park purposes. (Ord. 1278 ~ 1, the city parks and recreation division. (Ord. 1278 ~ 2,
1989) 1989)
e 12.26.020 Definitions. 12.26.030 Park prohibitions.
For the purposes of this chapter, the following It is unlawful for any person in a park to:
terms, phrases, words, and their derivations shall A. Mark, deface, disfigure, injure, tamper with or
have the meaning given herein. When not inconsis- displace or remove any buildings, bridges, tables,
tent with the context, words used in the present tense benches, fireplaces, grills, railings, paving or paving
include the future, words in the plural number material, water lines, equipment, signs, drinking
include the singular number, and words in the singu- fountains, swimming or wading pools or other park
lar number include the plural number. The word property, improvements or appurtenances whatsoev-
"shall" is always mandatory and not merely directo- er, real or personal;
ry. B. Fail to cooperate in maintaining restrooms and
A. "Animal" means all living creatures, domesti- washrooms in a neat and sanitary condition. No
cated or wild, including mammals, fish, reptiles, person over the age of six years shall use the
amphibians and birds. restrooms and washrooms designated for the opposite
B. "City" is the city of Bozeman. sex;
C. "Director" shall mean the director of public C. Dump dirt, grass and tree clippings or dig,
service or his designee. remove, plant or deposit any soil, rock, sand, stones,
D. "Domestic animals" are those which live in or trees, shrubs or plants or other wood or materials, or
about the habitations of people or which contribute to make any excavation by tool, equipment or other
the support of people and include but are not limited means or agency except as authorized by the director;
to the following: horses, cows, sheep, ducks, geese, D. Construct or erect any building or structure of
chickens, dogs, cats, goats and other tamed animals. whatever kind, whether permanent or temporary, or
e run or string any public utility into, upon or across
194-1
(Bozeman Il"()l)
12.26.030
park property, except on special written permit issued sight. Exception is further made to fishing where -
hereunder; allowed by the Montana Department of Fish, Wild-
E. Damage, cut, carve, mark, transplant or re- life and Parks. This regulation does not apply to
move any plant, or injure the bark, dig in or officers of state or local government duly acting
otherwise disturb grass areas, o~ in any other way within the course and scope of their duties;
injure the natural beauty or usefulness of any area; N. Ride a horse except on designated horse trails;
F. Climb any tree or walk, climb, stand or sit O. Start a fire except in facilities installed and
upon buildings, monuments, statues, vases, planters, provided for such purpose, or to fail to completely
fountains, railings, fences or upon any other structure extinguish a fire upon leaving the park;
not designated or customarily used for such purpose; P. Camp overnight except in designated camping
G. Attach any rope, cable, structure, device or areas;
other contrivance to any tree, fence, railing, bridge, Q. Display, offer to sell, or sell any article or
bench, building or other structure unless otherwise service without first obtaining a permit from the
posted. This prohibition does not include locking director;
bicycles to the foregoing mentioned structures as R. Bring or discharge any firearm, air gun, bow
long as no damage is done to the structure, so long as and arrow, slingshot, atlatl, spear, boomerang or any
the bicycle does not interfere with the use and other form of potentially dangerous weapon into the
enjoyment of the park by others, and so long as the park;
bicycle is not locked to the structure for a period of S. Be in the park after being closed, either be-
time not to exceed twenty-four hours; cause of the night closure or closure following public
H. Litter or fail or refuse to deposit litter in pro- notice or posting;
vided garbage receptacles. Where receptacles are not T. Possess or bring fireworks into the park, or
provided, all such rubbish or waste shall be carried cause the fireworks to be ignited or exploded in the e
away from the park by the person responsible for its park;
presence, and properly disposed of elsewhere; U. Skateboard, roller-skate, in-line skate, ride a
I. Break glass objects and then fail to remove bike or similar recreational device with wheels on
broken glass and safely dispose of the broken glass in any tennis court or in any drained swimming pool;
such fashion so as not to cause injury to persons or V. Operate a skateboard, roller-skate, in-line
property; skate, or ride a bike or similar recreational device
J. Cause or permit any domestic animal to run with wheels on or against any city-owned table,
loose, or fail to keep such animal under restraint, in bench, structure, tennis court, bike rack, parking stop,
any park or other open space area designated by the retaining wall, fountain, statue, railing, stage, or other
commission as an area requiring restraint. Further, improvement which may suffer damage by such use;
every owner or person having custody of said dog or W. Operate a skateboard, roller-skate, in-line
other domestic animal shall remove and properly skate, or ride a bike or similar recreational device
dispose of the animal's solid waste (fecal material); with wheels on or in any pavilion, except as
K. Tie or hitch an animal to any tree or plant; authorized by Section 12.26.075;
L. Pasture or pen any animal, domesticated or X. Practice golf with real golf balls in any park;
wild, except as authorized by the director; or
M. Hunt, molest, harm, frighten, kill, trap, pursue, Y. Drive, operate or park any vehicle or trailer
chase, tease, shoot or throw missiles at any animal, on park lands or trails, except as authorized by the
nor remove from the park or have in his possession director. (Ord. 1518 ~ 1,2000: Ord. 1463 ~ 5,
any animal, or the eggs or nest, or young of any 1998: Ord. 1278 S 3, 1989)
animal. Exception to the foregoing is made in that
snakes known to be poisonous may be killed on e
194-2
(Bozeman 11-01)
12.26.040-12.26.070
e 12.26.040 Park use. b. That the proposed activity or uses that are
Unless reserved according to the park reservation reasonably anticipated will not include violence,
procedure adopted by the director, the use of the park crime or disorderly conduct;
or portion thereof by the public shall be on a first- c. That the proposed activity will not entail ex-
come, first-served basis. (9rd. 1278 9 4, 1989) traordinary or burdensome expense on the city or;
d. That the facilities desired have not been re-
12.26.050 Permits. served for other use on the date and hour requested in
For the purpose of maintaining control of park the application.
usage, the following regulations are adopted in the 2. Applications meeting these standards will be
public interest to establish a set of standards and issued on a first-come, first-served basis.
procedures for issuing permits to sell articles or F. An applicant for a permit may be required to
services in connection with a community-oriented submit evidence of liability insurance covering
event approved by the city commission: injuries and property damage to members of the
A. A person seeking issuance of a permit to sell public arising out of such permitted activity in such
articles or services, shall file an application with the amounts as may be determined from time to time
following information not earlier than twelve months prior to the commencement of the permitted activity.
before the date requested: G. The person or persons to whom a permit is
1. Name, age, telephone number and address of issued shall be liable for any and all loss, damage or
applicant; injury caused to or sustained by any person or the
2. Name and address of sponsor of activity; city associated with the use of the permit issued
3. Day and hours for which permit is desired; hereunder. (Ord. 1278 S 5, 1989)
4. The park or portion thereof for which the
e permit is desired; 12.26.060 Hours of operation.
5. Purpose of the request for permit or nature of A. Hours. All parks shall be open to the public
activity; every day of the year subject to the exceptions
6. Name and address of person responsible for established herein.
cleanup, if different from applicant or sponsor. B. General Closure. Any section or part of any
B. No application will be considered unless ac- park may be closed to the public by the director.
companied with a nonrefundable fee, if any, as Notice of closing shall be posted in a conspicuous
established by the director. manner.
c. The city, through the director or police depart- C. Night Closure. No person, without written
ment, shall have the authority to revoke a permit permission of the director, shall be physically present
upon a finding of any violation of any rule or ordi~ within the boundaries of any park between the hours
nance or upon good cause shown. of eleven p.m. and five a.m. except in designated
D. A person or group of persons issued a permit camping areas. (Ord. 127896, 1989)
hereunder must abide by the restrictions placed upon
the permit, as well as all state and local laws and 12.26.070 Traffic control.
ordinances. A. No person shall drive any vehicle through the
E. 1. The standards for issuance of a permit here- park or upon park roads at a rate of speed exceeding
under shall include the following findings: fifteen miles per hour, or at such speeds as may be
a. That the proposed activity or use of the park is established by the director.
appropriate for the named park and will not un- B. Vehicles shall not be driven or parked off
reasonably interfere with or detract from the public's designated roads and parking areas without the
use and enjoyment of the park; written permission of the director.
e 194-3
(Bozeman 11-(1)
12.26.080--12.28.050
C. All persons shall obey the traffic laws of the Chapter 12.28 e
state and the city. (Ord. 1278 ~ 7, 1989)
PUBLIC CONCERTS
12.26.075 Regulations pertaining to wheeled
recreational devices. Sections:
A. No person shall use or place a ramp, jump, or 12.28.030 Band concerts provided by city.
any other device used to force a skateboard, roUer- 12.28.040 Contract with band authorized.
skate, in-line skate, bike or similar recreational 12.28.050 Levy for band concert fund.
device with wheels off the pavement on the grounds
of any city-owned parking lot, park or sidewalk. 12.28.030 Band concerts provided by city.
B. The city commission may, by resolution, The city shall provide public band concerts for the
designate areas within city parks in which operation entertainment of the people of the city, and pay
of skateboards, roUer-skates, in-line skates, bikes and therefor out of any moneys which may be in the fund
similar recreational devices with wheels is permitted created by Section 12.28.050 of this chapter. Such
during specified times. concerts shall be given at such place or places and at
C. The operation of skateboards, roUer-skates, in- such time or times as may be designated by the
line skates, bikes and similar recreational devices commission, or as may be designated by the mayor
with wheels may also be permitted in designated with the consent of the commission, provided that
areas during specially authorized events pursuant to such concerts shaU not be given more than twice each
Section 12.26.050. (Ord 1518 ~ 2,2000) week, and provided further that no band shall be
employed to give such concerts except a band having
12.26.080 City commission-Park its headquarters in Bozeman. (Prior code ~ 8.04.010)
development. e
The city commission shall authorize any 12.28.040 Contract with band authorized.
conceptual changes, new development or The commission may from time to time enter into
redevelopment aspects of changes in all city parks a contract with any band having its headquarters in
proposed by the staff. New buildings, renovations or the city, through its proper officers or managing
conceptual changes will be presented to the city head, to furnish during any year or part of a year, a
commission before construction or implementation. certain number of concert entertainments at a price to
(Ord. 1278 ~ 8, 1989) be agreed upon for the whole number of concerts, or
for concerts at an agreed price of so much each.
(Prior code ~ 8.04.020)
12.28.050 Levy for band concert fund.
It shall be the duty of the city commission to levy
upon all the taxable property within the city a tax not
exceeding one mill on the dollar in each year, on the
assessed value of the taxable property of the city, to
be collected the same as other taxes and paid into a
fund to be known as the "band concert fund" of the
city, for the purpose of providing band concerts. The
same shall be expended by warrants properly drawn
on the fund in payment for the public band concerts
for the entertainment of the people of the city. (Prior
code ~ 8.04.030) e
194-4
(Bozeman 11.01)
12.30.010
e Chapter 12.30
TREES AND OTHER VEGETATION
Sections:
12.30.010 Definitions.
12.30.020 City forester.
12.30.030 Master street tree plan.
12.30.040 Arboricultural specifications and
standards.
12.30.050 Hazards and public nuisances.
12.30.060 Cost of planting, removing,
maintaining and protecting trees
and shrubs.
12.30.070 Tree service businesses and
licensing.
12.30.080 Enforcement.
12.30.010 Definitions.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have
the meaning given herein. When not inconsistent
e with the context, words used in the present tense
include the future, words in the plural include the
singular, and words in the singular include the plural.
The word "shall" is mandatory and not merely
directory .
A. "Board" means the appropriate advisory
board, such as cemetery, park or tree board, appoint-
ed by the city commission and charged with the
overseeing of a particular public area.
B. "City forester" means the superintendent in
charge offorestry or designee, assigned as part of the
professional staff of the forestry division to
implement this chapter and carry out its enforcement.
C. "Hazard" means a tree, or parts thereof, that
by some natural cause or accident, becomes an
immediate threat to life or property.
D. "Large tree" means trees attaining a mature
height of twenty-five feet.
e 1 94-4a
(Bozeman 11-01)
e
e
e
12.30.020--12.30.030
e E. "Maintenance or maintaining" means and pert." The term "tree" shall also include a stump.
includes but is not limited to pruning, fertilization, (Ord. 1365 ~ 1 (part), 1993)
insect and disease control, guying, cabling, bracing
and repair of trees. 12.30.020 City forester.
F. "Person" means any individual, corporation, The city forester with input from the tree advi-
partnership, joint venture, association, or any group sory board shall have the following responsibilities
of organized persons, including state and local gov- and duties:
emmental agencies thereof. A. Administer, direct, manage, supervise and
G. "Public area" means Sunset Hills Cemetery, control all the various city tree programs; the forest~
public ways, city parks, and all other lands owned, ry division; the establishment and maintenance of
leased, managed or occupied by the city. professional standards, training, titles and certifica-
H. "Public nuisance" means any tree or shrub or tion for forestry division personnel; and the forestry
part thereof upon private or public property which budget;
is: dead or dying; interfering with the use of public B. Within two years of the passage of the ordi-
property by reason of its location or condition; by nance codified in this chapter, develop and periodi~
reason of location or condition constitutes an immi- cally review and revise, as necessary, the arbori-
nent danger to the health, safety or welfare of the cultural specifications manual. This manual shall
general public or which obstructs the free safe pas- contain regulations and standards supplementing this
sage of pedestrian or vehicular traffic, or obstructs chapter for establishing the valuation and appraisal
a street light or sight triangle; or harboring insects of trees and shrubs, and the planting, maintenance
or diseases which reasonably may be expected to and removal of trees and shrubs upon all city-owned
injure or harm other trees or shrubs. property;
e I. "Public way" means all city property deeded C. Enforce or cause the enforcement of the
or recorded as public streets, roads, boulevards, provisions of this chapter. (Ord. 1365 ~ 1 (part),
alleys, sidewalks and parking strips. 1993)
J. "Sight triangle" means the area on the public
way as described in the Bozeman zoning code. 12.30.030 Master street tree plan.
K. "Small tree" means trees attaining a mature The city forester and the tree advisory board, with
height of less than twenty-five feet. a public hearing and approval by the city commis-
L. "Street level" means the highest point of sion, shall develop a master street tree plan which
elevation of the finished surface of the street. shall include but not be limited to a city-wide,
M. "Street tree" means trees planted in the public street-by-street written evaluation of all space and
way. site factors which aid in the determination of the
N. "Tree service business" means any person tree species best suited to a particular planting site
engaged in one or more of the following activities in regard to growing habits, shape, form, health,
for profit: disease and pest resistance, conflicts with wires,
1. Diagnoses the condition of trees or shrubs; lights, pavement, traffic, pedestrians, sidewalks,
2. Recommends or supervises treatment of trees environmental pollution, sewers and space availabil-
or shrubs; ity. The master street tree plan shall also include a
3. Treats trees or shrubs by feeding, fertilizing, plan for a cost~share tree program. From and after
pruning, topping, trimming, cutting or bracing; or the effective date of the master street tree plan, or
4. Treats cavities in trees or shrubs. any amendment thereof, all planting shall conform
This defmition shall include any person who is thereto. (Ord. 1365 ~ 1 (part), 1993)
deemed by the city to be an "arborist" or ''tree ex- ..
e 194-5
(Bozeman 6-96)
----.-
12.30.040
12.30.040 Arboricultural specifications and 3. Single-stem canopy trees may be permitted e
standards. in sight vision triangles, provided that mature trees
The following specifications and standards are do not significantly affect safe driving conditions
established for the removal, planting, trimming, and are maintained such that no canopy foliage
maintenance and care of trees and shrubs in the exists below a height of fourteen feet from street
public area: level.
A. Removing. C. Trimming.
1. No person shall remove a tree or shrub with- 1. No person, except for city crews or licensed
out first obtaining a permit and paying any permit arborists with which the city has contracted for tree
fee established by resolution of the city commission. trimming services, shall trim a tree without first
2. All trees and shrubs which are marked for obtaining a permit and paying any permit fee estab-
removal shall be completely removed from the lished by resolution of the city commission.
growing site and disposed of in an authorized man- 2. All trees and shrubs, including trees and
ner, as determined by the city forester. The stump shrubs on private property, which have branches
shall be ground out to a depth suitable for future overhanging a public street, shall have said branches
planting of turf. trimmed to a minimum clearance height of fourteen
3. Any person may make a request to the city feet above the parking lane, unless the city forester
forester for a tree to be removed. The city forester's determines the clearance at this location would be
decision to approve removal of a tree shall be based detrimental to public safety. All trees and shrubs,
on its detriment to the community, due to disease, including trees and shrubs on private property,
insect damage or other damage which creates a which have branches overhanging a public sidewalk,
hazard to the public health, safety and welfare. Any shall have said branches trimmed to minimum clear-
person aggrieved by the city forester's decision to ance height of nine feet, unless the city forester e
remove or not remove the tree may then apply to determines the clearance at this location would be
the appropriate board having jurisdiction over the detrimental to public safety. The city forester may
public area to overturn the city forester's decision, waive the provisions of this section if the city for-
except when the city forester determines the tree to ester determines that the tree or shrub does not
be a hazard. The person may appeal the board's interfere with public travel, obstruct the light of any
decision to remove or not remove the tree to the city street light, or endanger public safety.
commission. 3. All dead wood, stubs, broken branches, badly
4. If said tree is to be removed, full compen- formed branches, disease-infected and insect-infested
sation for the cost of removal and the value of the branches interfering with public travel, lighting,
tree will be paid by persons requesting removal. existing buildings and traffic signs shall be removed
B. Planting. with consideration given to the symmetry and beau-
1. No tree shall be planted without first obtain- ty of the tree or shrub.
ing a permit from the city forester and paying any 4. Topping of trees is prohibited.
permit fee established by resolution of the city com- D. Maintenance and Duty to Avoid Damage to
mission. No tree with a mature height in excess of Trees and Shrubs.
twenty-five feet shall be planted under any utility 1. No person or animal under any person's
line. control shall break, injure, mutilate, kill or destroy
2. All street trees shall be planted in line with any tree or shrub; permit any fire to injure any
each other and at a spacing of a minimum of thirty portion of any tree or shrub; or permit any toxic
feet on center for large trees and twenty-five feet on chemical to seep, drain or be emptied on or about
center for small trees. any tree or shrub.
194-6 e
(Bozeman 6-96)
12.30.050
e 2. During building operations the builder shall 12.30.050 Hazards and public nuisances.
erect suitable protective barriers around public trees A. It is unlawful for any person having supervi-
and shrubs which may be injured. If any tree is sion or control of any lot, tract, parcel of land or
damaged or must be removed during construction, portion of it, occupied or unoccupied, improved or
the person causing the removal of a tree shall re- unimproved, within the city limits to permit or
place the tree with a tree of equal value or pay the maintain on any such lot, tract, or parcel or part any
value of the tree as established by the Bozeman tree, shrub, or part thereof which is a public nui-
street tree analysis and recommendations, dated sance or hazard and it shall be the duty of such
December 11, 1990, and amendments thereto, until person to promptly remove, eradicate or otherwise
updated through adoption of the arboricultural spec- control such condition in accordance with this chap-
ifications manual. ter and the arboricultural specifications manual.
3. It shall be the duty of the abutting property B. Trees and Shrubs in Public Areas. If the city
owner and tenant to maintain all street trees and forester determines, with reasonable certainty upon
vegetative growth in front of and adjoining their inspection or examination, any tree or shrub exists
property and keep them free of becoming a public in or upon any public area in a hazardous condition
nuisance or hazard. or as a public nuisance, the city forester shall im-
E. Fastening Materials to Trees and Shrubs. No mediately cause it to be treated, trimmed, removed
person shall fasten any sign, rope, wire or other or otherwise abated in such manner as to prevent the
materials to or around or through any public trees spread of the hazard. The manner in which the
or shrubs without obtaining written permission from hazard shall be abated, shall be determined by the
the city forester, except in emergencies such as city forester.
storms or accidents. C. Trees and Shrubs on Private Premises. If the
e F. Public Utilities. Public utility work affecting city forester determines, with reasonable certainty,
trees or shrubs shall be limited to the actual necessi- upon inspection or examination, that any tree or
ties of the service of the company and such work shrub exists in or upon any private premises in a
shall be done in a neat and professional manner and hazardous condition or as a public nuisance, the city
according to the arboricultural specifications manual. forester shall immediately, in writing, notify the
The city forester may supervise the work performed owner or tenant having charge of such premises of
and has the authority to stop work if not in accor- the existence of the public nuisance or hazard and
dance with the arboricultural specifications manual. issue said owner or tenant an order detailing the
The public utility shall replace any tree that dies or requirements of and the reasons for the abatement
is removed with a tree of equal value or pay the to be completed within a reasonable time to be
value of the tree a'i established by the Bozeman specified in the order, but not less than fifteen days.
street tree and park tree analysis and recommen- If the owner cannot be found, a copy of said notice
dations, dated December 11, 1990, and amendments shall be placed upon said infected tree or shrub. The
thereto, until updated through adoption of the owner may appeal the order of the city forester to
arboricultural specifications manual. the city commission within the time specified for
G. Planting, Removal, Maintenance and Protec- abatement in the order. The appeal shall be filed
tion of Trees and Shrubs. All trees or shrubs shall with the city clerk and the appeal shall be placed
be planted, removed, maintained and protected ac- upon the commission agenda as soon as practicable.
cording to the master street plan and the Until a final determination by the city commission,
arboricultural specifications manual. (Ord. 1365 ~ work required to be done by the city forester shall
I (part), 1993) not be required, and if the city commission sustains
all or any part of the order, it shall set the time
e 194-7
(Bozeman 6-96)
12.30.060--12.30.070
within which the work required to be done shall be include false or incorrect information on the license e
completed. application. The procedure for license suspension or
D. Abatement at Owner's Expense. In the event revocation is set forth in Sections 5.04.180 and
that the public nuisance or hazard is not abated by 5.04.190 of the Bozeman Municipal Code.
the date specified in the notice or specified by the B. Insurance and Bond. Any applicant for a tree
city commission, the city forester is authorized to service business license shall provide at the time of /
cause the abatement of said nuisance. The reason- application a certificate of insurance showing insur-
able cost of such abatement shall be filed as a lien ance coverage for general liability, automobile lia-
against the property on which the public nuisance bility, worker's compensation, and other coverages
or hazard was located. (Ord. 1365 ~ 1 (part), 1993) required by law in minimum amounts set by the city
commission resolution. The certificate of insurance
12.30.060 Cost of planting, removing, shall name the city and its officials and employees
maintaining and protecting trees as additional insured for work on public lands. The
and shrubs. applicant shall also provide a street obstruction bond
The entire cost of planting, removing, maintaining in an amount set by the city commission resolution
and protecting trees and shrubs on all public areas for work to be performed within any public street,
and public ways of the city, when done by city alley or right-of-way in the city.
employees or their contractors at the direction of the C. License Exemptions. Any person acting with-
city forester, shall be borne by the city out of the in the scope of his or her employment with any
tree maintenance district fund and from funds donat- public utility, with the city, or with any governmen-
ed specifically for this purpose. When a private tal entity shall be exempt from the licensing provi-
party other than the city, with appropriate permit, sions of this chapter. However, the public utility or
plants, removes, maintains or protects trees and the governmental entity, except for the city of e
shrubs, the private party shall incur all expenses. Bozeman, desiring to do work on trees or shrubs
(Ord. 1365 ~ 1 (part), 1993) located in public areas shall be required to obtain a
permit to do such work as required by Section
12.30.070 Tree service businesses and 12.30.040.
licensing. D. Protection of Utilities. A licensee shall, before
A. License Required. Any person who engages commencing work on any tree or shrub, determine
in the tree service business within the corporate the location of utility facilities, including water and
limits of the city shall first obtain International sewer lines, and shall be responsible for contacting
Society of Arboriculture (ISA) certification, or an any joint utility locator entity in operation for sub-
equivalent, and obtain and maintain a city license in surface work or, if such entity is not in operation or
accordance with Title 5 of the Bozeman Municipal does not provide service for aboveground work,
Code. If a license or permit to engage in the tree each utility or entity owning such facilities. This
service business is required by the state of Montana, section applies to overhead and underground facili-
the issuance of a state license shall be a prerequisite ties.
to the issuance of a city license. The licensee shall E. Permit for Removal of Trees on Public Right-
display the license to any of its customers or city of-Way. At least forty-eight hours prior to engaging
officials upon demand. The city may suspend or in any work (except in the case of a hazard), a
revoke a license when the tree service business licensee shall apply for a permit to do any work on
violates any provision of Chapter 5.04; this chapter; any tree or shrub which is located in any public
any ordinance provisions relating to the health, area. The permit application shall be filed with the
safety and welfare of the citizens of Bozeman; or city manager or the city manager's designee on a
secures any license by fraud or misrepresentation to form provided by the city. The application shall e
194-8
(Bozeman 6-96)
12.30.080
e contain any information required by the city for shall be fmed in an amount not to exceed five hun-
processing the application, including the scope and dred dollars or be imprisoned for any term not to
nature of the work to be performed on the specified exceed six months or both. Each day such violation
tree or shrub. The city shall issue the requested is committed or permitted to continue shall consti-
permit only if the proposed work complies with all tute a separate offense and shall be punishable as
applicable laws and ordinances, any master street such hereunder. The court, also, shall order restitu-
tree plan, any urban forestry plan, and any tion to the city for each tree or part thereof, unlaw-
arboricultural specification manuals adopted by the fully damaged, destroyed or removed. (Ord. 1365 ~
city and upon payment of permit fee as established 1 (part), 1993)
by city commission resolution.
F. Debris Removal. A licensee shall clean the
work site and remove any debris after completing
any work on public or private property, including
the removal of branches, twigs and chips.
G. Stump Removal. All stumps on public rights-
of-way shall be removed to a depth of at least eight
inches, and all holes remaining from the stump
removal shall be filled with dirt and covered with
appropriate groundcover.
H. Power Equipment. All power equipment used
by a licensee shall include reasonable safety devices
to protect employees and other persons. (Ord. 1365
e ~ 1 (part), 1993)
12.30.080 Enforcement.
A. Authority of City Forester to Enter Private
Premises. The city forester is charged with enforce-
ment of this chapter and to that end may enter upon
private premises at any reasonable times for the
purposes of examining and inspecting any suspected
public nuisance or hazardous tree or shrub in order
to carry out duties assigned under this chapter;
provided that the city forester first makes a reason-
able effort to locate and notify the owner or other
persons who have charge or control of premises and
demand entry.
B. Interference with the City Forester or Staff.
No person shall prevent, delay or interfere with the
city forester, or the city forester's assistants or
agents, while engaged in or carrying out the execu-
tion or enforcement of this chapter.
C. Penalty. Any person who violates any provi-
sion of this chapter or who fails to comply with any
notice or order issued pursuant to the provisions of
e this chapter, upon a conviction or plea of guilty
194-9
(Bozeman 6-96)
-
e
e
e
12.32.010--12.32.040
e Chapter 12.32 "Public assembly" means any meeting, demon.
stration, picket line, rally or gathering of more than
PARADES AND PUBLIC ASSEMBLIES twenty-five persons for a common purpose as a
result of prior planning that interferes with or has a
Sections: tendency to interfere with the normal flow or regula-
12.32.010 Definitions. tion of pedestrian or vehicular traffic or occupies
12.32.020 Permit required. any public area in a place open to the general pub-
12.32.030 Exceptions. lic.
12.32.040 Application. "Sidewalk" is any area or way set aside or open
12.32.050 Fees. to the general public for purposes of pedestrian
12.32.060 Police protection. traffic, whether or not it is paved.
12.32.070 Established parade route. "Street" is any place or way set aside or open to
12.32.080 Standards for issuance. the general public for purposes of vehicular traffic,
12.32.090 Nondiscrimination. including any berm or shoulder parkway, right-of-
12.32.100 Notice of denial of application. way, or median strip thereof. (Ord. 1458 ~ 1 (part),
12.32.110 Alternative permit. 1998)
12.32.120 Appeal procedure.
12.32.130 Notice to city and other 12.32.020 Permit required.
officials. No person shall engage in or conduct any parade
12.32.140 Contents of permit. or public assembly unless a permit is issued by the
12.32.150 Duties of permittee. city manager. (Ord. 1458 ~ 1 (part), 1998)
12.32.160 Prohibitions.
e 12.32.170 Public conduct during parades 12.32.030 Exceptions.
or public assemblies. This chapter shall not apply to the following:
12.32.180 Revocation of permit. A. Funeral processions;
12.32.190 Penalties. B. Students going to and from school classes or
participating in educational activities, provided that
12.32.010 Definitions. such conduct is under the immediate direction and
As used in this chapter: supervision of the proper school authorities;
"City" means the city of Bozeman. C. A govenunental agency acting within the
"City manager" means the city manager of the scope of its functions; or
city of Bozeman or his/her designee. D. Spontaneous events resulting in a public
"Parade" means any march, demonstration, pro- assembly occasioned by news or affairs coming into
cession or motorcade consisting of persons, animals, public knowledge within three days of such public
or vehicles or a combination thereof upon the assembly, provided that the organizer thereof gives
streets, parks or other public grounds within the city written notice to the city at least twenty-four hours
with an intent of attracting public attention that prior to such public assembly. (Ord. 1458 ~ 1 (part),
interferes with or has a tendency to interfere with 1998)
the normal flow or regulation of traffic upon the
streets, parks or other public grounds. 12.32.040 Application.
"Parade or public assembly permit" means a A. A person seeking a parade or public assembly
permit as required by this chapter. permit shall file an application with the city manag.
"Person" means any person, firm, partnership, er on forms provided by the city and the application
association, corporation, company or organization of shall be signed by the applicant.
e any kind.
194.11 (Bozeman 4-98)
12.32.050
B. For single, nonrecurring parades or public parade or public assembly and the type of animals e
assemblies, an application for a permit shall be ftled and description of the vehicles;
with the city manager at least ten and not more than 6. The hours when such parade or public assem-
one hundred eighty days before the parade or public bly will start and terminate;
assembly is proposed to commence. The city man- 7. A statement as to whether the parade or pub-
ager may waive the minimum ten-day ftling period lic assembly will occupy all or only a portion of the
and accept an application filed within a shorter width of the streets proposed to be traversed;
period if, after due consideration of the date, time, 8. The time at which units of the parade or
place, and nature of the parade or public assembly, public assembly will begin to assemble at any such
the anticipated number of participants, and the city area;
services required in connection with the event, the 9. The intervals of space to be maintained be-
city manager determines that the waiver will not tween units of such parade or public assembly;
present a hazard to public safety. 10. If the parade or public assembly is designed
C. For parades or public assemblies held on a to be held by, or on behalf of, any person other than
regular or recurring basis at the same location, an the applicant, the applicant for such permit shall file
application for a permit covering all such parades or a letter from that person with the city manager
assemblies during that calendar year may be ftled authorizing the applicant to apply for the permit on
with the city manager at least sixty days and not his behalf;
more than one hundred eighty days before the date 11. The type of public assembly, including a
and time at which the first such parade or public description of activities planned during the event;
assembly is proposed to commence. The city man- 12. A description of any recording equipment,
ager may waive the minimum sixty-day period after sound amplification equipment, banners, signs, or
due consideration of the factors specified in subsec- other attention-getting devices to be used in COlUlec- e
tion B of this section. tion with the parade or public assembly;
D. The application for a parade or public assem- 13. The approximate number of participants
bly permit shall set forth the following information: (spectators are by definition not participants);
1. The name, address and telephone number of 14. The approximate number of spectators;
the person seeking to conduct such parade or public 15. A designation of any public facilities or
assembly; equipment to be utilized; and
2. The names, addresses and telephone numbers 16. Any additional information that the city man-
of the headquarters of the organization for which the ager fmds reasonably necessary to a fair determina-
parade or public assembly is to be conducted, if any, tion as to whether a permit should issue. (Ord. 1458
and the authorized and responsible heads of the ~ 1 (part), 1998)
organization;
3. The requested date of the parade or public 12.32.050 Fees.
assembly; A. A nonrefundable fee to cover administrative
4. The route to be traveled from the established costs of processing the permit shall be paid to the
parade route listed in Section 12.32.070 or any pro- city by the applicant when the application is filed.
posed alternate route or deviation from the estab- The fee shall be set by resolution of the city com-
lished parade routes, to include: the location of the mission.
assembly area, the location of the disbanding area, B. If the application is for the use of any city
and route to be traveled, if not the defmed route. property or if any city services shall be required for
5. The approximate number of persons who, and the parade or public assembly, the applicant shall
animals and vehicles which will constitute such pay, prior to the issuance of a permit, the charges
for those services in accordance with a schedule of e
(Bozeman 4-98) 194-12
12.32.060--12.32.080
e service costs approved by the city commission by to any conditions he deems necessary and reason-
resolution. (Ord. 1458 ~ 1 (part), 1998) able, as provided for herein when, from consider-
ation of the application and for such other informa-
12.32.060 Police protection. tion as may otherwise be obtained, he finds that:
A. The city manager, with advice from the chief 1. The conduct of the parade or public assembly
of police, shall determine whether and to what ex- will not substantially interrupt the safe and orderly
tent additional police protection is reasonably neces- movement of other pedestrian or vehicular traffic
sary for the parade or public assembly for traffic contiguous to its route or location;
control and public safety. The city manager shall 2. The conduct of the parade or public assembly
base this decision on the size, location, duration, will not require the diversion of so great a number
time and date of the event, the expected sale or of city police officers to properly police the line of
service of alcoholic beverages, the number of streets movement and the areas contiguous thereto as to
and intersections blocked, and the need to detour or prevent normal police protection of the city;
preempt citizen travel and use of the streets and 3. The concentration of persons, animals, and
sidewalks. The speech content of the event shall not vehicles at public assembly points of the parade or
be a factor in determining the amount of police public assembly will not unduly interfere with prop-
protection necessary. If possible, without disruption er fire and police protection of, or ambulance ser-
of ordinary police services or compromise of public vice to, areas contiguous to such public assembly
safety, regularly scheduled on-duty personnel will areas;
police the event. If additional police protection for 4. The conduct of the parade or public assembly
the public assembly is deemed necessary by the city is not reasonably likely to cause injury to persons
manager, he shall so inform the applicant for the or property;
e permit. The applicant then shall have the duty to 5. The parade or public assembly is scheduled
secure the police protection deemed necessary by to move from its point of origin to its point of ter-
the city manager at the sole expense of the appli- mination expeditiously and without unreasonable
cant. delays en route;
B. Persons engaging in parades or public assem- 6. Adequate sanitation and other required health
blies conducted for the sole purpose of public issue facilities are or will be made available in or adjacent
speech protected under the First Amendment are not to any public assembly areas;
required to pay for any police protection provided 7. There are sufficient parking places near the
by the city. (Ord. 1458 ~ 1 (part), 1998) site of the parade or public assembly to accommo-
date the number of vehicles reasonably expected;
12.32.070 Established parade route. 8. The applicant has secured the police protec-
Downtown parade route: tion, if any, required under Section 12.32.060;
A. Staging Area. Staging shall be conducted on 9. Such parade or public assembly is not for the
East Main Street between Rouse and Wallace. primary purpose of advertising any product, goods
B. Route of Travel. Route of travel shall com- or event that is primarily for private profit, and the
mence from the staging area and travel west on parade itself is not primarily for profit. The prohibi-
Main Street to 11 th A venue. tion against advertising any product, goods or event
C. Disband Area. Disbanding shall be conducted shall not apply to the signs identifying organizations
on West Main Street between 11 th A venue and 15th or sponsors furnishing or sponsoring exhibits or
A venue. (Ord. 1458 ~ 1 (part), 1998) structures used in the parade;
10. No parade or public assembly permit applica-
12.32.080 Standards for issuance. tion for the same time and location is already grant-
e A. The city manager shall issue a permit, subject ed or has been received and will be granted;
194-13 (Bozeman 4.98)
12.32.090--12.32.130
11. A parade or public assembly permit applica- a date, time, location, or route different from that e
tion for the same time but for a different location is named by the applicant. An applicant desiring to
already granted or has been received and will be accept an alternate permit shall, within five days
granted, and the police resources required for that after notice of the action of the city manager, file a
prior parade or public assembly are so great that in written notice of acceptance with the city manager.
combination with the subsequent proposed applica- B. An alternate parade or public assembly permit
tion, the resulting deployment of police seIVices shall conform to the requirements of, and shall have
would have an immediate and adverse effect upon the effect of, a parade or public assembly permit
the welfare and safety of persons and property; and issued under this chapter. (Ord. 1458 ~ 1 (part),
12. No event is scheduled elsewhere in the city 1998)
where the police resources required for that event
are so great that the deployment of police services 12.32.120 Appeal procedure.
for the proposed parade or public assembly would A. Any applicant shall have the right to appeal
have an immediate and adverse effect upon the the denial of a parade or public assembly permit to
welfare and safety of persons and property. the city commission. The denied applicant shall
B. No permit shall be granted that allows for the make the appeal within five days after receipt of the
erection or placement of any structure, whether denial by filing a written notice with the city man-
permanent or temporary, on a city street, sidewalk, ager and a copy of the notice with the clerk of the
or right-of-way unless advance approval for the commission. The city commission shall consider the
erection or placement of the structure is obtained appeal at the next regularly scheduled meeting fol-
from the city manager. (Ord. 1458 ~ I (part), 1998) lowing the notice of appeal, provided that the re~
ceipt of the notice is received prior to the deadline
12.32.090 Nondiscrimination. for submission of new agenda items. e
The city manager shall uniformly consider each B. In the event that the city commission rejects
application upon its merits and shall not discrimi- an applicant's appeal, the applicant may file an
nate in granting or denying permits under this chap- immediate request for review with a court of compe-
ter based upon political, religious, ethnic, race, tent jurisdiction, but in no event may the request for
disability, or gender related grounds. (Ord. 1458 ~ review be filed later than thirty days after the
1 (part), 1998) commission's rejection. (Ord. 1458 ~ 1 (part), 1998)
12.32.100 Notice of denial of application. 12.32.130 Notice to city and other officials.
The city manager shall act promptly upon a time- Immediately upon the issuance of a parade or
1y fIled application for a parade or public assembly public assembly permit, the city manager shall send
permit but in no event shall grant or deny a permit a copy thereof to the following:
less than forty-eight hours prior to the event. If the A. The mayor;
city manager disapproves the application, he shall B. The city attorney;
notify the applicant either by personal delivery or C. The fire chief;
certified mail at least forty-eight hours prior to the D. The street superintendent;
event of his action and state the reasons for denial. E. The chief of police; and
(Ord. 1458 ~ 1 (part), 1998) F. Montana Department of Transportation if the
pennit is issued for a federal or state owned high-
12.32.110 Alternative permit. way. (Ord. 1458 ~ 1 (part), 1998)
A. The city manager, in denying an application
for a parade or public assembly permit, may autho-
rize the conduct of the parade or public assembly at e
(Bozeman 4-98) 194-14
12.32.140-12.32.170
e 12.32.140 Contents of permit. rade or public assembly to knowingly fail to comply
Each parade or public assembly permit shall state with any condition of the permit;
the following information: D. It is unlawful for any person to engage in any
A. Name, address and telephone number of parade or public assembly activity that would consti-
parade or public assembly chairperson or person tute a substantial hazard to the public safety or that
leading such activity; would materially interfere with or endanger the
B. Starting and approximate ending time; public peace or rights of residents to the quiet and
C. Minimum speed of parade units; peaceful enjoyment of their property;
D. Maximum speed of parade units; E. It is unlawful for any person to carry any
E. Maximum interval of space to be maintained sign, poster, plaque, or notice, unless such sign,
between parade units; poster, plaque, or notice is constructed or made of
F. The portions of the streets that may be occu- a cloth, paper, or cardboard material;
pied by the parade or public assembly; F. It is unlawful for any person participating in
G. The maximum length of the parade in miles a parade or public assembly to utilize sound amplifi-
or fractions thereof; and cation equipment at decibel levels that exceed those
H. Such other information as the city manager limits imposed by the Bozeman Municipal Code;
shall find necessary to the enforcement of this chap- G. It is unlawful for any person to ride, drive, or
ter. (Ord. 1458 ~ 1 (part), 1998) cause to be ridden or driven any animal or any
animal-drawn vehicle upon any public street, unless
12.32.150 Duties of permittee. specifically authorized by the permit;
A. A permittee hereunder shall comply with all H. It is unlawful for any person in a parade or
permit directions and conditions and with all appli- public assembly to deviate from the established
e cable laws and ordinances. parade route or the approved parade route, whichev-
B. The parade or public assembly chairman or er is applicable; and
other person heading such activity shall carry the I. No parade participant shall throw, cast, or
parade or public assembly permit upon his person drop candy, trinkets, or any other articles. A viola-
during the conduct of the parade or public assembly. tion of this provision shall result in a one-hundred-
C. The permittee or parade or public assembly dollar fine for each occurrence. This provision does
chairperson or other person heading such activity not prohibit a parade participant from handing candy
shall notify all parade or public assembly partici- or other articles directly to the spectators provided
pants of the conditions of this chapter. (Ord. 1458 the participant is walking. (Ord. 1458 ~ I (part),
~ 1 (part), 1998) 1998)
12.32.160 Prohibitions. 12.32.170 Public conduct during parades or
The following prohibitions shall apply to all public assemblies.
parade and public assemblies: A. No person shall unreasonably hamper, ob-
A. It is unlawful for any person to stage, present, struct or impede, or interfere with any parade or
or conduct any parade or public assembly without public assembly or with any person, vehicle or
first having obtained a permit as herein provided; animal participating or used in a parade or public
B. It is unlawful for any person to participate in assembly.
a parade or public assembly for which the person B. No driver of a vehicle shall drive between the
knows a permit has not been granted; vehicles or persons comprising a parade or public
C. It is unlawful for any person in charge of, or assembly when such vehicles or persons are in
responsible for the conduct of, a duly licensed pa- motion and are conspicuously designated as a parade
e or public assembly.
194-15 (Bozeman 4-98)
12.32.180--12.32.190
C. No person shall advance toward or go be- e
tween the vehicles comprising a parade or public
assembly when such vehicles are in motion and are
conspicuously designated as a parade or public
assembly.
D. The city manager shall have the authority,
when reasonably necessary, to prohibit or restrict the
parking of vehicles along a street constituting a part
of the route of a parade or public assembly. The city
manager shall post signs to that effect, and it shall
be unlawful for any person to park or leave unat-
tended any vehicle in violation thereof. No person
shall be liable for parking on a street unposted in
violation of this chapter. (Ord. 1458 ~ 1 (part),
1998)
12.32.180 Revocation of permit.
The city manager shall have the authority to
revoke a parade or public assembly permit instantly
upon a violation of the conditions or standards for
issuance as set forth in this chapter or when a public
emergency arises where the police resources re-
quired for that emergency are so great that deploy- e
ment of police services for the parade or public
assembly would have an immediate and adverse
effect upon the welfare and safety of persons or
property. (Ord. 1458 ~ 1 (part), 1998)
12.32.190 Penalties.
Any person violating the provisions of any sec.
tion of this chapter shall be guilty of a misdemeanor
and shall, upon conviction, be punished by a fine
not to exceed five hundred dollars or by imprison-
ment for a term not to exceed six months, or by
both such fine and imprisonment. (Ord. 1458 ~ 1
(part), 1998)
(Bozeman 4-98) 194-16 e