HomeMy WebLinkAboutTitle_09 Public Peace, Morals, and Welfare
Title 9
PUBLIC PEACE, MORALS, AND WELFARE
Chapters:
General Provisions
9.02 Administration
Offenses By, or Against, Public Officers, and Government
9.06 False Alarms
9.08 Firefighting Operations
9.10 Interfering with Public Officials
9.12 Malicious Prosecution
9.14 Resisting Arrest or Escape
9.16 Misuse of the 911 Emergency Telephone Service
Offenses Against the Person
9.20 Telephone Harassment
Offenses Against Public Decency
9.26 Animal Fights
9.28 Disorderly House
9.34 Houses of Prostitution or Assignation
9.36 Indecent Exposure
9.38 Indecent Language
9.42 Narcotics
9.44 Peeping Persons
9.46 Public Urination and Defecation
Offenses Against the Public Peace
9.48 Bonfires
9.50 Disturbing Meetings
9.52 Disturbing the Peace
9.54 Loitering
9.56 Playing in Streets
9.58 Vagrants
Offenses Against Property
9.64 Barbed-wire Fences
9.66 Injury to Property
9.68 Obstructing Bozeman Creek
9.70 Alcohol Policy
9.72 Special Security Service Charges at Loud or Unruly Gatherings
Offenses By, or Against, Minors
9.80 Curfew
IX-1 1 0/2005
Weapons
9.90 Airguns
9.92 Concealed Weapons
9.93 Weapons in Public Buildings and Property
9.94 Discharging Firearms
9.98 Bows and Crossbows and Other Devices
IX.2 10/2005
General Provisions
Chapter 9.02
ADMINISTRATION
Sections:
9.02.010 Territorial Application of Title 9 Provisions
9.02.020 Liberal Construction of Provisions
9.02.010 Territorial Application of Title 9 Provisions
The provisions of this title shall apply to the city in any event, and to all territory within three
miles of the corporate limits of the city, except as otherwise herein provided. (Prior code S
6.04.010)
9.02.020 Liberal Construction of Provisions
The provisions codified in this title shall be given a liberal construction. (Prior code S
6.04.020)
IX-3 1 0/2005
Offenses By or Against Public Officers and Government
Chapter 9.06
FALSE ALARMS
Sections:
9.06.010 False Alarms and Tampering with Fire Alarm Boxes Prohibited
9.06.010 False Alarms and Tampering with Fire Alarm Boxes Prohibited
No person shall willfully use any fire alarm box or telephone or any means whatsoever for
transmitting or sending in to the fire department an alarm of fire which he knows to be false, nor
shall willfully tamper with or injure or destroy any such fire alarm box or any of the equipment
thereof. (Prior code S 6.24.010)
IX-4 10/2005
Chapter 9.08
FIREFIGHTING OPERATIONS
Sections:
9.08.010 Taking or Damaging Fire Apparatus Prohibited - Exception
9.08.020 Taking Fire Apparatus for Private Use or Outside City Prohibited -
Exception
9.08.030 Fire Area Limits - Private Citizens to Help Extinguish Fires
9.08.040 Firefighting Operations - Destruction of Property Authorized When
9.08.050 Hindering Firefighting Operations Prohibited
9.08.060 Abatement of Fire Hazard Nuisances Caused by Structures
9.08.070 Abatement of Nonstructural Fire Hazard Nuisances
9.08.080 Power of Arrest
9.08.010 Taking or Damaging Fire Apparatus Prohibited - Exception
It is unlawful for any person or persons to take out or remove from the firerooms, where the
same are kept, any ladders, trucks, hose, hose cart, or any other fire apparatus, except in case
of fire, or under the direction of the Chief of the Fire Department, nor shall any person or persons
mar, deface, or in any manner injure any of the fire apparatus used by the fire department. Any
person violating any of the provisions of this section shall be guilty of a misdemeanor. (Prior code
S 6.16.010)
9.08.020 Taking Fire Apparatus for Private Use or Outside City Prohibited - Exception
Any officer in command of the fire department who suffers the engine or other fire apparatus,
the property of the City, to be taken beyond the city limits, without permission of the City Manager,
shall be guilty of a misdemeanor. If any person having charge of any engine or other fire
apparatus, the property of the City, suffers the same to be applied to private use without
permission of the City Manager, he shall be guilty of a misdemeanor. (Prior code S 6.16.020)
9.08.030 Fire Area Limits - Private Citizens to Help Extinguish Fires
A. The Chief of the Fire Department may prescribe limits in the vicinity of a fire within
which no person, except those residing therein, members of the fire department,
members of the police force, or those admitted by the Chief of the Fire Department,
or his subordinates, shall be permitted to cross.
B. The Chief of the Fire Department, when in his judgment the same is necessary, may
call upon any person or persons present to assist the firemen in their duties, or
assist in extinguishing any fire; and any such person so called upon who refuses or
neglects to so assist, unless physically incapacitated, shall be guilty of a
misdemeanor. (Prior code S 6.16.030)
9.08.040 Firefighting Operations - Destruction of Property Authorized When
The Chief of the Fire Department, or in his absence anyone acting in his capacity, may,
during the progress of any fire, whenever, in his judgment, it becomes necessary in order to
check or control the same, order any fence, building, or structure to be cut or torn down and
removed. He shall, with the consent of the City Manager, have power to cause any building or
structure to be blown up for the purpose of checking or extinguishing the fire and may tear down
any portion of any building which may remain after a fire if, in his judgment, such portion of any
building so remaining standing shall be dangerous to persons or property. (Prior code S 6.16.040)
IX-5 10/2005
9.08.050 Hindering Firefighting Operations Prohibited
Any person who willfully interferes or hinders any city officer or fireman in the performance
of his duty at, going to, or returning from, any fire, or while attending to his duties as a member
of the fire department, or who willfully or negligently drives any dray, wagon, streetcar,
locomotive, train of cars, or other vehicle across, along, or upon any hose, or who willfully cuts,
defaces, destroys, or injures any telegraph wire, pole, signal box, or any of the property belonging
to, or connected with, the fire department, or any fire-alarm telegraph, shall be deemed guilty of
a misdemeanor. (Prior code S 6.16.050)
9.08.060 Abatement of Fire Hazard Nuisances Caused by Structures
A. Any and all buildings, ruins, chimneys, flues, boilers, wails, remains of burned
buildings, or other constructions within the city limits which, by reason of their
construction or condition, are in danger of being set on fire, or are in any manner a
menace to adjoining property or to the public generally, are each hereby declared
to be a nuisance. It shall be the duty of the Chief of the Fire Department to examine
all such, and, for such purpose, may enter any building within reasonable hours; and
if, in his opinion, any nuisance, as defined by this chapter, shall exist, he shall notify
the owner or owners to abate such nuisance forthwith.
B. In case the owner of any premises upon which a nuisance exists fails or refuses to
abate such nuisance, after being notified as aforesaid, the Chief of the Fire
Department shall report the facts in relation, thereto, to the City Commission. If the
City Commission finds that such nuisance exists, it may direct the Chief of Police
or City Engineer to abate such nuisance. The expense thereof shall be reported by
such officer so abating same to the Commission, to be an item of special
assessment, which may be assessed against the premises as in case of special
assessment of taxes. The owner of such premises, permitting any such nuisance
to remain after being notified, shall be deemed guilty of a misdemeanor. (Prior code
S 6.16.060)
9.08.070 Abatement of Nonstructural Fire Hazard Nuisances
A. It shall be the duty of the Chief of the Fire Department at least once a week to
inspect all streets and alleys, cellar ways, back lots, woodsheds, and all other
places within the city limits where shavings, straw, waste, or other combustible
material mayor does accumulate, and to order instant removal of such material, if
any be found, by the person or persons responsible, or by the person or persons
upon whose premises the same may be located.
B. Upon the refusal of any such person so notified to abate the nuisance created by
such combustible material so being in such place, the person or persons so refusing
shall be deemed guilty of maintaining a nuisance, and upon conviction thereof shall
be fined as for a misdemeanor. (Prior code S 6.16.070)
9.08.080 Power of Arrest
The Chief of the Fire Department, or any officer of the Fire Department rightfully performing
the duties of the chief, is empowered to arrest and prosecute in the police court of the city any
person violating any of the provisions of this chapter. (Prior code S 6.16.080)
IX-6 1 0/2005
Chapter 9.10
INTERFERING WITH PUBLIC OFFICIALS
Sections:
9.10.010 Interfering with Public Officials Prohibited
9.10.010 Interfering with Public Officials Prohibited
No person shall interfere with, obstruct or intimidate any official or employee of the city in the
performance of his or her official duty; nor shall any person assault or threaten to assault, nor use
any abusive or insulting language toward such official or employee in his or her presence in
connection with or arising out of any business of the city theretofore, then being, or thereafter to
be done, transacted or performed by such official or employee for, and as representative of the
city, in any capacity. (Prior code ~ 6.04.170)
IX-7 10/2005
Chapter 9.12
MALICIOUS PROSECUTION
Sections:
9.12.010 Malicious Prosecution Described - Court Costs Recovered from Prosecutor
9.12.010 Malicious Prosecution Described - Court Costs Recovered from Prosecutor
When any person has been arrested and brought to trial for any alleged violation of any
ordinance, and it appears that the prosecutor or complaining witness has made complaint
maliciously and without probable cause, judgment shall be rendered against the prosecutor or
complaining witness for costs; and the court may issue execution to recover the same, as
judgment for debt. Whenever the police judge has reason to believe any complainant is actuated
by malice in making complaint, the judge, before issuing process, may require the complainant
to deposit a sum sufficient to secure the probable costs. (Prior code ~ 6.01.010)
IX-8 10/2005
Chapter 9.14
RESISTING ARREST OR ESCAPE
Sections:
9.14.010 Resisting Arrests or Breaking Jail Deemed Misdemeanor
9.14.010 Resisting Arrest or Breaking Jail Deemed Misdemeanor
If any person resists arrest or attempts to escape from any policeman when in proper
discharge of his duty, and, after being informed of the legal authority and official character of
officer, or being in prison or confined for the breach of any ordinance or held for trial for any such
breach, breaks jail, and escapes from such imprisonment or detention, such person is guilty of
a misdemeanor. (Prior code S 6.04.165)
IX-9 10/2005
Chapter 9.16
MISUSE OF THE 911 EMERGENCY TELEPHONE SERVICE
Sections:
9.16.010 Misuse of the 911 Emergency Telephone Service Prohibited
9.16.020 Definitions
9.16.030 Violation - Penalty
9.16.010 Misuse of the 911 Emergency Telephone Service Prohibited
It shall be unlawful for any person to purposely or knowingly misuse the 911 emergency
telephone service by accessing the 911 telephone service for a purpose other than an
emergency. (Ord. 1327 ~ 1, 1991)
9.16.020 Definitions
As used in this chapter, the following words are defined as follows:
A. "Emergency" is defined by MCA ~ 10-4-101(4) as being any event that requires
dispatch of a public or private safety agency.
B "Emergency services" are defined by MCA S 1 0~4~ 101 (5) as being services provided
by any public or private safety agency, including law enforcement, firefighting,
ambulance, or medical services, and civil defense services.
C. "Knowingly" and "purposely" as used in this chapter are defined in MCA SS
45-2-101 (33) and (58), respectively.
D. "Misuse" means accessing the 911 telephone number for other than reporting an
emergency event.
E. "Private safety agency" is defined by MCA ~ 10-4-101 (10) as being any entity,
except a public safety agency, providing emergency fire, ambulance or medical
services.
F. "Public safety agency" is defined by MeA S 10-4-101 (12) as being the state and any
city, county, city-county consolidated government, municipal corporation, chartered
organization, public district, or public authority located in whole or in part within this
state that provides or has authority to provide emergency services. (Ord. 1327 S 2,
1991 )
9.16.030 Violation - Penalty
Any person who violates any provision of this chapter shall be punished by a fine not
exceeding five hundred dollars or by imprisonment in the county jail for a period not to exceed
six months, or by both such fine and imprisonment. (Ord. 1327 S 3, 1991)
IX-10 10/2005
Offenses Against the Person
Chapter 9.20
TELEPHONE HARASSMENT
Sections:
9.20.010 Acts Constituting Misuse of Telephone
9.20.010 Acts Constituting Misuse of Telephone
No person shall, within the city, willfully annoy or disturb any other person by ringing or
causing to be rung any telephone bell, or by calling or causing to be called any person over any
telephone for the purpose of disturbing or annoying any such person, or use profane, or obscene,
or abusive language over any telephone. (Prior code S 6.04.160)
IX-11 10/2005
Offenses Against Public Decency
Chapter 9.26
ANIMAL FIGHTS
Sections:
9.26.010 Dog and Other Animal Fights Prohibited
9.26.010 Dog and Other Animal Fights Prohibited
No person or persons shall, by agreement or otherwise, plan, encourage, promote, hold, or
give any dog fight, cock fight, or fight of any kind between animals. It is the duty of any pOlice
officer of the city to prevent and stop such fights, and arrest all persons aiding, promoting, or
abetting the same. (Prior code S 6.04.050)
IX-12 10/2005
Chapter 9.28
DISORDERLY HOUSE
Sections:
9.28.010 Disorderly House Defined - Maintaining Prohibited
9.28.010 Disorderly House Defined - Maintaining Prohibited
No person shall conduct, maintain or keep, any disorderly house. For the purposes of this
section, a "disorderly house" means any house, room, tent, or other structure or place of abode
in which people live or abide or to which they resort, to the disturbance and/or annoyance of
offense of the neighborhood or passersby; orfor purposes which are injurious to the public peace,
quietness, safety, health, morals, and convenience; or in which there is illegal sale of beer, wine,
whiskey, or any intoxicating liquor; or in which gambling is carried on; or in which prostitution is
practiced; or which is habitually used for purposes of assignation and/or prostitution, or is the
resort of criminals, vagrants, or other idle, dissolute, or immoral persons; or to which persons
resort for the purpose of concocting or planning crimes or misdemeanors, or other offenses
against the public peace, health, safety, morals, and good order. (Prior code S 6.04.190)
IX-13 1 0/2005
Chapter 9.34
HOUSES OF PROSTITUTION OR ASSIGNATION
Sections:
9.34.010 Houses of Prostitution or Assignation Prohibited
9.34.010 Houses of Prostitution or Assignation Prohibited
No person shall keep, maintain, operate, manage, occupy, and/or be an inmate or frequenter
of or visitor at, or invite or solicit another to frequent or visit, any house of prostitution, bawdy
house, house of assignation, or other immoral use, in the city and three miles beyond the
corporate limits of the city. Within the meaning of this section, the word "house" includes any
room, cabin, tent, hotel, lodging house, or other structure and/or enclosure where such prohibited
practice and/or practices is or are permitted and/or carried on. (Prior code S 6.04.200)
IX-14 10/2005
Chapter 9.36
INDECENT EXPOSURE
Sections:
9.36.010 Indecent Exposure or Exhibition Prohibited
9.36.010 Indecent Exposure or Exhibition Prohibited
No person shall make any indecent or improper public exposure of his or her person or be
guilty of any indecent or lewd act or behavior in public or in any place where there are other
persons present to be offended and/or annoyed thereby, or sing or recite any lewd or obscene
song or ballad, verses, or other words, writing, or printed matter, in any public place where there
are other persons present to be offended and/or annoyed thereby; and no person shall at any
time or place in public, and/or when other persons may be offended or annoyed thereby, make
any indecent or improper exhibition of any animal. (Prior code ~ 6.04.130)
IX-15 10/2005
Chapter 9.38
INDECENT LANGUAGE
Sections:
9.38.010 Using Obscene and Vulgar Language in Public Place Prohibited
9.38.010 Using Obscene and Vulgar Language in Public Place Prohibited
No person shall curse or swear, or utter any obscene, vulgar, or indecent language on any
street or in any public place, or which is audible on any street or public place. (Prior code ~
6.04.040)
IX-16 10/2005
Chapter 9.42
NARCOTICS
Sections:
9.42.010 Using or Selling Narcotic Drugs Prohibited
9.42.010 Using or Selling Narcotic Drugs Prohibited
No person shall indulge in the use of opium by smoking it, or resort to or maintain or keep
any place where such smoking is permitted or indulged, nor indulge in the habitual use of
morphine, heroin, cocaine, or other harmful narcotic and/or habit-forming drug or drugs; nor shall
any person not duly licensed to do so sell or offer for sale or keep or possess for sale or gift, in
any public place, or make any gift of, any such drug or drugs. Every place where opium is
smoked or used, kept, sold, or offered for sale or gift, or to which resort is had for such smoking,
use, purchase, sale or gift, or where any habiHorming narcotic drug is used, kept for use,
distribution, sale, or gift, unless duly licensed, is hereby declared to be a nuisance, and a violation
of this chapter. (Prior code S 6.04.100)
IX-17 10/2005
Chapter 9.44
PEEPING PERSONS
Sections:
9.44.010 Generally
9.44.010 Generally
A. It is unlawful for any person to be a "peeping person."
B. The term "peeping person" means one who peeps, looks, or peers through
windows, doors, or other openings on the premises of another where a reasonable
expectation of privacy exists for the purpose of spying upon or invading the privacy
of the person spied upon and the doing of any other act of a similar nature which
invades the privacy of such persons. (Ord. 1372 S 2 (part), 1993; Ord. 1232 ~~ 1-3,
1987)
IX-18 10/2005
Chapter 9.46
PUBLIC URINATION AND DEFECATION
Sections:
9.46.010 Generally
9.46.010 Generally
No person within the jurisdictional limits of the city shall publicly defecate or urinate on
streets, sidewalks, alleys, parks, parking lots, or other places open to the public including areas
open to the public in buildings unless a sanitary facility capable of and commonly used for
disposal of human urine or excrement is used. (Ord. 1372 S 2 (part), 1993; Ord. 1233, 1987)
IX-19 1 0/2005
Offenses Against the Public Peace
Chapter 9.48
BONFIRES
Sections:
9.48.010 Bonfires Prohibited - Exceptions
9.48.010 Bonfires Prohibited - Exceptions
No person shall build any bonfire in any street, alley, public place. or vacant lot, nor permit
any bonfire to burn or smolder in the nighttime; and a person shall at all times keep any such
bonfire, when otherwise legally permitted, under strict supervision and control so as not to
endanger property or cause a smoke nuisance to any person or neighborhood. (Prior code S
6.04.080)
IX-20 10/2005
Chapter 9.50
DISTURBING MEETINGS
Sections:
9.50.010 Disturbing Meetings Prohibited
9.50.010 Disturbing Meetings Prohibited
No person shall at any time wantonly disturb any lawful meeting or assembly by noise, rude,
offensive, or improper behavior or language of any kind or otherwise or at all. (Prior code S
6.04.120)
IX-21 10/2005
Chapter 9.52
DISTURBING THE PEACE
Sections:
9.52.010 Acts eonstituting Disturbances Prohibited
9.52.010 Acts Constituting Disturbances Prohibited
No person shall unnecessarily disturb the peace or quiet of any street, neighborhood, family,
or person by loud or unusual noises; or make false alarms; or threaten, quarrel, or scold; or
provoke, commit an assault, threaten to commit an assault, or commit an assault and battery; or
harbor or keep any habitually barking dog; or disturb the rest, sleep, peace, and quietness of any
person and/or neighborhood by maintaining and keeping noisy poultry, animal, or animals; nor
by any other means or manner whatsoever unnecessarily disturb the peace and quiet of any
person or neighborhood. (Prior code S 6.04.030)
IX-22 1 0/2005
Chapter 9.54
LOITERING
Sections:
9.54.010 Loitering Prohibited
9.54.010 Loitering Prohibited
No person shall loiter or lounge around or upon any street, sidewalk or public place so as to
impede or obstruct the free passage of pedestrians, or so as to embarrass or annoy pedestrians,
and all such loiterers and loungers shall promptly move on and refrain from such loitering and/or
lounging upon order of any police officer or other person in authority. (Prior code S 6.04.110)
IX-23 10/2005
Chapter 9.56
PLAYING IN STREETS
Sections:
9.56.010 Playing Games in the Street Prohibited
9.56.010 Playing Games in the Street Prohibited
The playing of baseball, football, basketball, or any other game in the streets and alleys
within the corporate limits of the city is forbidden. (Prior code S 6.04.150)
IX-24 10/2005
Chapter 9.58
VAGRANTS
Sections:
9.58.010 Persons Constituting Vagrants Described - Acts Deemed Misdemeanors
9.58.010 Persons Constituting Vagrants Described - Acts Deemed Misdemeanors
Every person without any visible means of support, who has the physical ability to work, and
who does not seek employment or labor, or labor when employment is offered to him; every
healthy beggar who solicits alms at a business; every person who roams about from place to
place without any lawful business; every idler and dissolute person or associate of known thieves,
who wanders about the streets at late or unusual hours of the night, or who lodges in any barn,
shed, outhouse, vessel, or other place other than such as is kept for lodging purposes, without
the permission of the owner or person entitled to the possession thereof; every lewd and dissolute
person who lives in and about houses of ill fame, or who lives with or upon the earnings of a
woman of bad repute; every common prostitute and common drunkard, shall be deemed a
"vagrant," and shall be guilty of a misdemeanor. (Prior code ~ 6.48.010)
IX-25 10/2005
-.-------
Offenses Against Property
Chapter 9.64
BARBED-WIRE FENCES
Sections:
9.64.010 Maintaining Barbed-wire Fences Prohibited Where
9.64.010 Maintaining Barbed-wire Fences Prohibited Where
A. Any person or persons, or corporation or corporations, who shall, within the platted
limits of the city, when sidewalks have been laid or ordered laid by the City
Commission, erect, keep, or maintain any barbed-wire fencing on or around the
outer portion of his, her, or their premises, such person or persons, corporation or
corporations shall be deemed guilty of maintaining a nuisance.
S. The continuance of the same for every day, after being notified by any city officer
to abate the same, shall be regarded as a separate offense. (Prior code S 6.10.010)
IX~26 1 0/2005
Chapter 9.66
INJURY TO PROPERTY
Sections:
9.66.010 Injuring Property or Plants and Trespassing Prohibited
9.66.020 Malicious Damage to Property Prohibited
9.66.030 Hurling Missiles and Injuring Property Prohibited
9.66.040 Private Property - Wilful Damage to Personal Property Prohibited
9.66.050 Private Property - Wilful Damage to Real Property or Fixtures Prohibited
9.66.060 Public Property - Animals Prohibited on Streets, Parking Strips, and Public
Grounds
9.66.070 Public Property - Damage to Shrubs, Trees, Grass, or Flowers Prohibited
9.66.080 Park Property - Damaging Fences Prohibited
9.66.090 Park Property - Use of Gates Required
9.66.100 Park Property - Damaging Vegetation and Other Property Prohibited
9.66.110 Park Property - Regulations Authorized
9.66.120 Fairgrounds - Entrance Only Through Gateways
9.66.130 Fairgrounds - Damage to Fences or Other Property Prohibited
9.66.140 Fairgrounds - Trespassing Prohibited
9.66.150 Offensive eonduct Prohibited Where
9.66.160 Violation - Penalty
9.66.010 Injuring Property or Plants and Trespassing Prohibited
No person shall, within the city, wilfully and/or wantonly destroy, injure, or deface the goods
or property of another; nor wantonly destroy, break, or injure any shade, fruit, or ornamental tree,
flower, flowers, or flower bed, nor habitually trespass upon the lawn, garden, or premises of
another, nor leave or deposit refuse, rubbish, or garbage thereon at any time. (Prior code S
6.04.180)
9.66.020 Malicious Damage to Property Prohibited
Any person who, mischievously or maliciously, hacks, breaks, girdles or injures any tree, or
breaks or injures any sign, signboard, window, door, gate, fence, house, outhouse, building, or
part thereof, the property of another, shall be deemed guilty of committing a nuisance, and upon
conviction shall be punished as for a misdemeanor. (Prior code S 6.38.210)
9.66.030 Hurling Missiles and Injuring Property Prohibited
Any person who, within the city limits, throws any stick, stone, missile, or other thing or things
whereby any property of another shall become broken, destroyed, or injured, shall have
committed a nuisance, and upon conviction shall be punished as for a misdemeanor. (Prior code
S 6.38.200)
9.66.040 Private Property - Wilful Damage to Personal Property Prohibited
Any person who maliciously, willfully, or unlawfully cuts, burns, destroys, injures, defaces, or
in any other manner injures any goods, wares, merchandise, or other property, without the
consent of the owner, shall be guilty of a misdemeanor. (Prior code S 6.32.010)
9.66.050 Private Property - Wilful Damage to Real Property or Fixtures Prohibited
Any person who willfully, unlawfully, or maliciously cuts, breaks, injures, tears down, defaces
or, in any other manner injures any house, barn, building, or other enclosure; or who cuts, tears
down, breaks, or defaces any window or door of any building or house; or who takes off, severs,
breaks in, or injures, in any manner, any gate, fence or other enclosure, or any part thereof; or
IX-27 1 0/2005
pulls down, interferes with, or injures any fence, post or part thereof; or injures or destroys any
fruit, shade, or ornamental tree, shrub, or flowers, shall be guilty of a misdemeanor. (Prior code
S 6.32.020)
9.66.060 Public Property - Animals Prohibited on Streets, Parking Strips, and Public
Grounds
No person shall walk upon or across, or drive upon or across, nor shall any person while
driving a herd of horses or cattle or other animals upon or through any of the streets or avenues
of the city, allow such animals to travel upon or across any parking strips on any of the streets
and avenues of the city, or upon or across any of the grounds at or surrounding any public
building, school, or ecclesiastical building, or ground acquired or dedicated for any of these
purposes, within the city. (Prior code ~ 6.32.030)
9.66.070 Public Property - Damage to Shrubs, Trees, Grass, or Flowers Prohibited
It is unlawful for any person or persons to in any way injure or destroy grass, trees, shrubs,
or flowers growing upon any parking strips, public, school, or ecclesiastical grounds, or anything
placed thereon of a useful or ornamental character, within the city. (Prior code S 6.32.040)
9.66.080 Park Property - Damaging Fences Prohibited
It is unlawful for any person, corporation, or association to injure, cut, destroy, or do any act
which will tend to injure or destroy any fence surrounding any public park within the city. (Prior
code S 6.32.050)
9.66.090 Park Property - Use of Gates Required
No person shall go through or under or climb over any fence surrounding any public park of
the city or enter or leave any fenced park except through the gateways provided for such purpose.
(Prior code S 6.32.060)
9.66.100 Park Property - Damaging Vegetation and Other Property Prohibited
No person shall injure or destroy any plot seeded to grass, flowers, foliage, or other
vegetation, or cut, mutilate, injure, damage, or destroy any growing grass, flowers, shrubs,
foliage, or trees in any public park of the city, nor shall any person destroy, damage, injure,
deface, or mutilate any tables, benches, stands, flagpoles, houses, or buildings, or any other
property that may be used in connection with, or which may be contained in, any public park of
the city. (Prior code S 6.32.070)
9.66.110 Park Property - Regulations Authorized
The City eommission shall have the right to adopt reasonable regulations for the government
of the public parks in the city, and no person shall violate any of such regulations. (Ord. 1313 S
1, 1990; prior code S 6.32.080)
9.66.120 Fairgrounds - Entrance Only Through Gateways
No person shall climb over or go through or under any fence surrounding any fairgrounds or
roundup grounds in the city, or enter said grounds by any other means than the entrances
provided therefor, without the permission of the owners of such property. (Prior code ~ 6.32.090)
9.66.130 Fairgrounds - Damage to Fences or Other Property Prohibited
No person shall cut, mutilate, deface, or destroy any fairground fence or roundup ground
fence in the city, or any building, seats, benches, stands, apartment, or property therein contained
of any kind or character. (Prior code ~ 6.32.100)
IX-28 10/2005
----..--
9.66.140 Fairgrounds - Trespassing Prohibited
No person shall have the right to trespass upon any roundup grounds for fairgrounds in the
city without first obtaining lawful permission for such purpose. (Prior code S 6.32.110)
9.66.150 Offensive Conduct Prohibited Where
No person shall act in a loud, boisterous, or rude manner, or so conduct himself as to be
offensive to those using or being upon or within any of the public parks or grounds of the city or
within the fairgrounds or roundup grounds in the city. (Prior code S 6.32.120)
9.66.160 Violation - Penalty
Any person who violates any of the provisions of Sections 9.66.040 through 9.66.150 of this
chapter shall be guilty of a misdemeanor. (Prior code S 6.32.130)
IX-29 10/2005
---------- -------------
Chapter 9.68
OBSTRUCTING BOZEMAN CREEK
Sections:
9.68.010 Channel to Be Kept Free from Obstructions
9.68.020 Narrowing, Turning, or Obstructing Channel Prohibited - Exception
9.68.030 Dumping Items into Channel or Polluting Creek Prohibited
9.68.040 Violation - Penalty
9.68.010 Channel to Be Kept Free from Obstructions
The channel of Bozeman Creek, throughout its course within the corporate limits of the city,
shall be preserved and kept at a minimum width of twelve feet in the clear and kept free of all
obstruction unless and until it shall be otherwise ordered or permitted by the eity eommission by
ordinance or resolution duly adopted. (Prior code S 6.12.010)
9.68.020 Narrowing, Turning, or Obstructing Channel Prohibited - Exception
Any person or persons, firm, corporation, or association who, directly or indirectly, or by any
means whatever or at all confines Bozeman ereek, in any part of its course through the corporate
limits of the city, to a narrower channel than is prescribed in Section 9.68.010 hereof; or who
alters, changes or turns the same from its natural channel, or alters its course at any point within
the corporate limits of the city, except in pursuance of and in accordance with an ordinance or
resolution of the City eommission duly passed and adopted; or who builds, throws, deposits, or
in any manner or at all, places any obstruction in the channel of the creek within the corporate
limits of the city, shall be deemed guilty of a violation of this chapter. (Prior code ~ 6.12.020)
9.68.030 Dumping Items into Channel or Polluting Creek Prohibited
No person, firm, corporation, or association, nor any employee or agent of any person, firm,
corporation, or association, shall throw, conduct, convey, deposit, or cause to be thrown,
conducted, conveyed, or deposited into the channel of Bozeman ereek in its course through the
corporate limits of the city, or any part thereof, any paper, offal, rubbish, rags, filth, manure, hay,
straw, tin cans, hides, dead animals, or anything whatever causing or tending to cause an
obstruction or pollution of Bozeman ereek within the corporate limits of the city. (Prior code S
6.12.030)
9.68.040 Violation - Penalty
Any person, firm, corporation, association, or employee or agent thereof who violates any
provision of this chapter shall be guilty of a misdemeanor. (Prior code S 6.12.040)
IX-30 10/2005
Chapter 9.70
ALCOHOL POLICY
Sections:
9.70.010 General Provisions and Intent
9.70.015 Definitions
9.70.020 Public Drinking or Display of Open Alcoholic Beverages - Open eontainers -
Prohibited
9.70.030 Exemptions to Section 9.70.020
9.70.040 Exceptions to Section 9.70.020
9.70.050 Possession of Open Alcoholic Beverages (Open Container) in Motor Vehicles
Prohibited
9.70.060 Revocation of Waiver
9.70.070 Violation of Chapter 7 - Penalty
9.70.010 General Provisions and Intent
The City Commission declares that alcohol possession and consumption by minors, high risk
drinking behaviors by minors, and the supply and sale of alcohol to minors have negative and
detrimental impacts on the community and are, therefore, a nuisance, and constitute conduct
calculated to disturb the public peace of the city and threaten the health, safety, and welfare of
the citizens of Bozeman.
Significant problems exist when persons possess and consume alcoholic beverages in an
irresponsible manner. Such persons create a public safety hazard by their consumption of
alcoholic beverages and the subsequent driving of motor vehicles or violent encounters on public
property. Therefore, because of the negative and detrimental impacts of such behaviors on the
community, the irresponsible consumption and possession of alcoholic beverages which disturb
the public peace of the city are declared a nuisance and threaten the health, safety, and welfare
of the citizens of Bozeman.
It is the intent of the City eommission to address those areas related to alcohol access,
consumption, and usage which are not otherwise addressed by the current law in Montana.
Violations such as Endangering Welfare of ehildren (45-5-622), Unlawful Transactions with
Children (45-5-623), Unlawful Attempt to Purchase or Possession of Intoxicating Substance (45-
5-624), Driving under the Influence of Alcohol or Drugs, or Operation with Alcohol Concentration
of .08 or More (61-8-401 and 61-8-406), and Operation of Vehicle by Person under Twenty-one
with Alcohol Concentration of .02 or More (61-8-410) have all been specifically addressed by
Montana law as noted and will be enforced within the eity of Bozeman under those laws.
Disorderly Conduct and Public Nuisance (45-8-101 and 45-8-111) violations shall be addressed
by state code. Noise issues shall be addressed through the Noise Ordinance as applicable. (Ord
1616 S 1, 2004)
9.70.015 Definitions
The following words and phrases used in this chapter shall be defined as follows:
A. "Alcohol" means ethyl alcohol, also called ethanol or the hydrated oxide of ethyl.
B. "Alcoholic beverage" means a compound produced and sold for human
consumption as a drink that contains more than 0.5% of alcohol by volume.
C. "Beer" means a malt beverage containing not more than 7% of alcohol by weight.
D. "Director of Public Safety" means the director or the director's designee.
IX-31 10/2005
E. "Intoxicating substance" means a controlled substance, as defined in Title 50,
chapter 32, Montana Code Annotated, or its successor provision, and an alcoholic
beverage, including but not limited to a beverage containing % of 1 % or more of
alcohol by volume. Intoxicating substance does not include de-alcoholized wine or
a beverage or liquid produced by the process by which beer, ale, port, or wine is
produced if it contains less than % of 1 % of alcohol by volume.
F. "Knowingly" - a person acts knowingly with respect to conduct or to a circumstance
described by a statue defining an offense when the person is aware of the person's
own conduct or that the circumstance exists; a person acts knowingly with respect
to the result of conduct when the person is aware that it is highly probable that the
result will be caused by the person's conduct. When knowledge of the existence
of a particular facts is an element of an offense, knowledge is established if a
person is aware of a high probability of its existence.
G. "Liquor" means an alcoholic beverage except beer and table wine.
H. "Negligently." A person acts negligently with respect to a result or to a circumstance
described by a statue defining an offense when the person consciously disregards
a risk that the result will occur or that the circumstance exists or when the person
disregards a risk of which the person should be aware that the result will occur or
that the circumstance exists. The risk must be of a nature and degree that to
disregard it involves a gross deviation from the standard of conduct that a
reasonable person would observe in the actor's situation. "Gross deviation" means
a deviation that is considerably greater than lack of ordinary care.
I. "Possession" means the knowing control of anything for a sufficient time to be able
to terminate control.
J. "Public places" means all streets, avenues, alleys, and parks in the city, all
municipal and public buildings, and places to which the public or a substantial group
has access, but does not include premises licensed for the sale of alcoholic
beverages at retail by the Department of Revenue of the state, or the eity. "Public
place" does not include a private residence and its contiguous real property (front
or rear yard) or a private hotel or motel room so long as the possession and
consumption is in compliance with the Montana Alcoholic Beverage Code, Title 45,
of the Montana code and this chapter; but does include the commonly shared areas,
such as common hallways of a building or apartment complex, and areas of city
right-of-way, including sidewalks and streets.
K. "Public display or exhibition of open alcoholic beverages" means and includes the
carrying and exhibiting of open cans or bottles of any alcoholic beverage or the
carrying and exhibiting of glasses, cups, or other types of containers for alcoholic
beverages, to, in, on, or within any public place within the city, even though empty,
but does not include carrying or transporting such alcoholic beverages from retail
liquor or beer establishments in sacks, cases, boxes, cartons, or similar containers
with unbroken seals or when no display or exhibition is made and does not include
carrying or exhibiting any empty or discarded bottle, can or other container solely
for the purpose of disposal in a proper waste receptacle.
L. "Public drinking" includes the consumption or possession, for the purpose of
consumption, of open alcoholic beverages in or on any public place in the city.
M. "Purposely." A person acts purposely with respect to a result or to conduct
described by a statute defining an offense if it is the person's conscious object to
engage in that conduct or to cause that result. When a particular purpose is an
element of an offense, the element is established although the purpose is
conditional, unless the condition negatives the harm or evil sought to be prevented
by the law defining the offense. (Ord 1616 S 1, 2004)
IX-32 10/2005
9.70.020 Public Drinking or Display of Open Alcoholic Beverages - Open Containers
- Prohibited
Public drinking or display or exhibition of open alcoholic beverages (open container) as
defined in S 9.70.015 are prohibited, and it is unlawful for any person to engage in public drinking,
public display, or exhibition of open alcoholic beverages (open container) within the city limits.
(Ord 1616 S 1, 2004)
9.70.030 Exemptions to Section 9.70.020
This provision shall not apply to a governmental agency for authorized activities conducted
upon the agency's premise. (Ord 1616 S 1,2004)
9.70.040 Exceptions to Section 9.70.020
A. The Director of Public Safety may grant a waiver to the provisions of S 9.70.020 for
the purpose of holding picnics, parties, reunions, barbecues, or other public
assemblies in public parks, provided the number of adults does not exceed seventy-
five. Larger groups shall seek a waiver from the City Manager under Section B
below.
1. Applications which are for events only in a public park, and do not involve
more than seventy.five adults may be submitted without the public
assembly permit application. All publiC park reservations are separate
from the waiver process and a reservation for a park area does not
guarantee the issuance of a waiver under this section.
2. An application shall designate either the applicant, or one or more
members of the group submitting the application, as the contact person for
the event. The contact person shall be present at all times during the
event or shall arrange for an alternate contact person. The contact person
shall be in charge of the event and be responsible for those attending the
event.
B. The City Manager may grant a waiver to the provisions of S 9.70.020 for activities
occurring in or on a public place other than a park.
1. All applications for a waiver under this subsection shall be made in
conjunction with an application for a public assembly permit in
conformance with the procedures in SS 12.32.040 through 12.32.080 or
its successor provisions, which are incorporated herein by reference,
subject to any specific changes as contained in this section. The form for
such application shall be provided by the City and shall be signed by the
applicant.
2. An application must be filed in a timely manner prior to the event. Timely,
in this instance, is a minimum of fourteen days under this subsection. The
application may not be filed more than one hundred eighty days before the
event. The minimum period may be waived after due consideration of the
factors specified under Subsection G of this section.
3. Applications submitted under this subsection shall have proof of insurance
in an amount acceptable to the eity; and which includes the eity as an
additional insured.
4. For applications under this subsection, a safety plan for the event shall be
submitted with the application, to be reviewed by the Director of Public
Safety or a designee(s). The safety plan shall address admission of those
who are under the legal age to drink, consequences when those under the
legal age are caught drinking, the policy for service of those who are
intoxicated or under the influence of alcohol, prohibiting those who are
intoxicated or who appear to be impaired or under the influence from
IX-33 10/2005
operating a motor vehicle by providing safe transportation alternatives,
actions to be taken in the event of a disturbance or medical or other
emergency, and other measures designed to maintain a safe environment
for those in attendance.
5. For applications submitted under this subsection, there shall appear in the
application arrangements for providing responsible beverage service for
any group of 50 or more adults. Responsible beverage service requires
that all beverage servers receive specific training through a recognized
program approved by the City prior to the event. A beverage server under
this section does not consume any alcoholic beverage during the event.
6. The application shall designate either the applicant, or one or more
members of the group submitting the application, as the contact person for
the event. The contact person(s) shall be present at all times during the
event and shall not consume any alcoholic beverages during the event,
and shall be in charge of and responsible for all beverage servers and
patrons.
C. In seeking a waiver to ~ 9.70.020 the group leader or authorized representative shall
file with the Director of Public Safety or City Manager, as applicable, an application
for a city alcoholic beverage waiver.
1. All applications for a waiver shall be submitted to the City Manager's office
after payment of the appropriate fee to the Finance Department. This fee
shall be set by resolution of the City Commission This fee is a non-
refundable fee to cover administrative costs of processing the waiver.
Payment of the fee does not entitle the applicant to a waiver.
2. If the application is for the use of any city equipment or if any city services
shall be required, the applicant shall pay, prior to the issuance of a waiver,
the charges for those services in accordance with a schedule of service
costs approved by the eity Commission by resolution.
3. If the event is to be held on a regular or recurring basis at the same
location, an application for a waiver for the calendar year or any portion
thereof may be filed at least sixty days and not more than one hundred
eighty days before the date and time of the first event proposed. The City
Manager or Director of Public Safety, as appropriate, may waive the
minimum period after due considerations of the factors under Subsection
G of this section.
4. An application not acted upon within ten calendar days of submission, or
by the day of the event, shall be deemed denied.
D. Prior to the issuance of the waiver an investigation shall be made into the suitability
and compatibility of the proposed function with other activities and the surrounding
area. In making the investigation the Director of Public Safety or the City Manager
shall consider the below listed criteria in addition to those considerations under SS
12.32.040 through 12.32.080. The Director of Public Safety or the City Manager
may issue a waiver sUbject to consideration of the relevant criteria and imposition
of any conditions deemed necessary and reasonable, and may, in his discretion,
deny the waiver based upon the consideration of the relevant criteria, the
application, and any other information as may be otherwise obtained.
1. The type of activity, the hours involved, and the impact it may have on the
safe and orderly movement of pedestrian or vehicular traffic and any
significant negative impact on individuals living in the vicinity of the activity_
2. The potential for the activity which is the subject of the application to
conflict or interfere with any other scheduled or permitted use of the area,
including the use of a public address system or amplification system.
IX~34 1 0/2005
_ ----..---------
3. Any previous history with the requesting party or organization, including but
not limited to past abuses of any privileges granted under this or any
similar chapter or provision, past successful requests, and any other
information which may be deemed pertinent to an evaluation of the
proposed event.
4. The impact of the activity on the resources of the City, including but not
limited to the need for additional policing, road service, clean-up crews,
and other services.
5. The need for and availability of any additional liability insurance over and
above the standards required by the City.
E. The Director of Public Safety or City Manager shall make an investigation, which
shall include input from appropriate city staff and may include any individuals who
may be directly affected.
1. The granting of a waiver in no way abrogates the responsibility and liability
of the applicants, which includes but is not limited to cleaning up the area
and having a responsible contact person who, for events under Subsection
B of this section, does not consume alcoholic beverages before, during or
after the event.
2. Any police officer shall have full authority to void a waiver for violation of
park or other rules and regulations, any term or condition of the waiver as
issued, or any ordinances or state law, committed by any member of the
group, which may include voiding of waivers for subsequent days. Such
action shall be immediately reported to the Director of Public Safety or the
eity Manager for action in conformance with this chapter; and
3. Public address systems and amplified music may be permitted and may be
subject to the provisions of the Noise Ordinance if so noted on the waiver.
4. The eity may include additional conditions as a part of the waiver. The City
will notify the applicant of such conditions.
F. The Director of Public Safety or the City Manager shall uniformly consider each
application upon its merits and shall not discriminate in granting or denying waivers
under this chapter based upon political, religious, ethnic, race, disability, or gender
related grounds.
G. Any application submitted in a less than timely manner as designated in this section
may be denied as untimely without further review, unless a waiver of the minimum
filing period is granted after due consideration of the date, time, place, and nature
of the event, and a determination that the impact on city services and public safety
will not be adversely impacted by granting such a waiver. An approved application
shall be given to the applicant by personal delivery or by mail. If no action has been
taken within 10 calendar days of submission or by the date of the event, the
application has been deemed denied.
H. Upon granting the waiver, a copy of the waiver shall be routed in accordance with
S 12.32.130, and to other individuals as may be appropriate in the discretion of the
Director of Public Safety or the eity Manager.
I. In the event the City denies the waiver request, the eity may authorize the activity
at a different time, date, or location and issue an alternate waiver to the applicant
(See S 12.32.110). A denial by the Director of Public Safety may be submitted to
the City Manager for reconsideration within four business days of the denial. If the
City Manager does not act on the request within ten calendar days it will be deemed
denied.
J. In the event the waiver is denied by the City Manager, the applicant may appeal the
decision to the City Commission by submitting the completed application, as it
existed at the time of the decision by the City Manager, to the Clerk of the
IX-35 1 0/2005
Commission together with a letter explaining why the applicant believes the decision
should be overturned. The appeal materials must be received within seven
calendar days of the decision by the eity Manager. Appeals received after that time
will be returned as untimely. The Clerk of the Commission shall, upon receipt of a
timely appeal, schedule the public hearing, providing for appropriate notice
according to the applicable rules of the City Commission. To reverse the decision
of the City Manager, the concurring vote of a majority of the Commission shall be
needed to approve the application or approve the application with additional
conditions. The decision of the eity eommission shall be final. (Ord 1616 S 1,2004)
9.70.050 Possession of Open Alcoholic Beverages (Open Container) in Motor Vehicles
Prohibited
A. No person shall possess an open alcoholic beverage (open container) in the
passenger area of or on any motor vehicle when such vehicle is upon a public
highway or street or in an area used principally for public parking.
B. No person shall be in possession of, while in or on a motor vehicle upon a public
highway or street, or in an area used principally for public parking, any bottle,
container, or receptacle containing such alcoholic beverage (open container) which
has been opened, or the seal broken, or the contents of which have been or may
be partially removed.
e. It is unlawful for the owner or occupant of any motor vehicle to keep or allow to be
kept in a motor vehicle when such vehicle is upon the public highway or street, or
in an area used principally for public parking, any bottle or receptacle containing
such alcoholic beverages (open container) which has been opened, the seal broken,
or the contents of which have been or may be partially removed, except when such
bottle or receptacle is kept in the trunk or some other area of the vehicle not
normally occupied by the driver or passengers. A utility compartment or glove
compartment shall be deemed to be within the area occupied by the driver and
passengers. (Ord 1616 S 1,2004)
9.70.060 Revocation of Waiver
The City Manager shall have the authority to revoke a waiver instantly upon a violation of the
conditions or standards for issuance as set forth in this chapter or when a public emergency
arises. The revocation of a waiver due to an emergency shall not automatically operate to revoke
all waivers under a recurring event waiver. The revocation of a waiver upon violation of the
conditions or standards of the waiver shall automatically operate to revoke the entire waiver for
a recurring event. A new application may be submitted in the event of a revocation of a recurring
event waiver. (Ord 1616 S 1, 2004)
9.70.070 Violation of Chapter 7 - Penalty
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Anyone found guilty of the offense of having an open container under S 9.70.020
shall be fined an amount not less than $100 and not to exceed $500 or be
imprisoned in the county jail for a term not to exceed 6 months, or both. The first
$100 of a fine under this section may not be suspended.
e. Anyone found guilty of the offense of having an open container in a motor vehicle
under S 9.70.050 shall be fined an amount not less than $100 and not to exceed
$500 or be imprisoned in the county jail for a term not to exceed 6 months or both.
The first $100 of a fine under this section may not be suspended.
D. Upon conviction, the court may, in its discretion, order the payment of the costs of
prosecution or imprisonment or both as part of the sentence. (Ord 1616 S 1,2004)
IX-36 10/2005
Chapter 9.72
SPECIAL SECURITY SERVICE CHARGES AT LOUD OR UNRULY GATHERINGS
Sections:
9.72.010 Definitions
9.72.020 Response to Loud or Unruly Gatherings
9.72.030 Cost Recovery for Special Security Services
9.72.040 Billing and eollection
9.72.050 Violations/Fines
9.72.060 Service of Alcoholic Beverages to Minors
9.72.010 Definitions
The following terms used in this Chapter shall have the meanings set forth in this section:
A. "Responsible person(s)" shall mean a person(s) with a right of possession in the
property on which a loud or unruly gathering is conducted, including, but not limited
to, an owner or tenant of the property if the gathering is on private property, a
permittee if the gathering is a permitted gathering on public property, or any
person(s) accepting responsibility for such a gathering. "Responsible person" shall
additionally include the landlord of another responsible person and the parents
and/or legal guardians of responsible persons under the age of 21 years. To incur
liability for special security service charges imposed by this chapter the responsible
person need not be present at the loud or unruly gathering resulting in the
emergency response giving rise to the imposition of special security service
charges. This chapter therefore imposes vicarious as well as direct liability upon
responsible persons.
B. "Special security services" shall mean the provision of any police, fire, or other
emergency response service to a loud or unruly gathering within twelve months of
a first response as provided in this chapter.
C. "Loud or unruly gathering" shall mean a gathering of two or more persons on private
property or a permitted gathering of two or more persons on public property whose
loud or unruly conduct constitutes a threat to public health, safety, quiet enjoyment
of residential property, or general welfare, including violations of Chapter 8.28. This
term excludes incidents of domestic violence. A loud or unruly gathering shall
constitute a public nuisance. (Ord 1656 S 1, 2005)
9.72.020 Response to Loud or Unruly Gatherings
When a police officer responds to a first loud or unruly gathering at premises in the city with
a given address, the officer shall inform any responsible person at the scene that:
A. The officer has determined that a loud or unruly gathering exists; and
B. Responsible persons will be charged for the cost of any special security services
required for subsequent responses to the scene within the next twelve months.
Only one warning will be given pursuant to this section before the eity assesses special
security service costs pursuant to Section 9.72.030. If a responsible person cannot be identified
at the scene, the police department may issue a warning to one of the other responsible persons
identified in Section 9.72.01 O.A or subsequently return to the scene and issue the warning to a
then-present responsible person. Warnings given to responsible persons who do not reside at
the premises in question shall be delivered by certified mail. (Ord 1656 S 1, 2005)
IX~37 10/2005
9.72.030 Cost Recovery for Special Security Services
When the police department or Fire Department or other city emergency responder responds
to a loud or unruly gathering at premises with a given address in the city within twelve months of
a warning given to a responsible person for those premises pursuant to Section 9.72.020 or while
any such warning remains in effect pursuant to Section 9.72.050, all responsible persons shall
be jointly and severally liable for the eity's costs of providing special security service for that
response and all subsequent responses during that warning period. (Ord 1656 S 1, 2005)
9.72.040 Billing and Collection
Charges for special security service shall include a reasonable charge for the emergency
responder's time and actual costs of any equipment used or damaged in connection with the
response, together with an additional thirty-three percent of the special security charge for
administrative overhead. These charges shall be computed and a bill submitted to the
responsible person(s). The ehief of Police shall promulgate notice and billing procedures forthis
purpose. The bill shall be a debt owed to the City and failure to pay that bill within thirty days is
a violation of this code. If the City is obliged to initiate litigation or other proceedings authorized
by this code to recover this debt, the responsible person shall be liable for:
A. Costs of suit;
B. Attorney's fees; and
C. Costs of collection. (Ord 1656 S 1, 2005)
9.72.050 Violations/Fines
A. It shall be an infraction for a responsible person to conduct or allow a loud or unruly
gathering on premises owned by the responsible person or on premises rented by
or to the responsible person. A third or subsequent violation within a twelve month
period shall constitute a misdemeanor.
8. Fines
1. A first violation of this section shall be punishable by a $100 fine.
2. A second violation of this section at a given address in the city within a
given twelve month period shall be punishable by a fine of $250.
3. A third or subsequent violation of this section at a given address in the city
within a given twelve month period shall be punishable by a fine of $500.
C. The fines prescribed at Subsection B are in addition to any special security service
charges that may be assessed pursuant to this chapter.
D. The second, third, or subsequent violation fines prescribed at Subsections 8.2 and
8.3 are payable whether or not the responsible person at the time of the current
loud or unruly gathering is the same person who was the responsible person for any
prior loud or unruly gathering at those premises.
E. The fine schedule prescribed at Subsection B is a "rolling schedule" meaning that
in calculating the fine payable the police department or eity Attorney shall count
backward starting from the date of the most recent loud or unruly gathering to
determine how many prior loud or unruly gatherings have taken place at the
premises in question during the statutory twelve month period. A warning given
pursuant to Section 9.72.020 shall remain in effect for the premises at a given
address until a full twelve month period has elapsed during which there have been
no loud or unruly gatherings at those premises. (Ord 1656 S 1, 2005)
9.72.060 Service of Alcoholic Beverages to Minors
The City Commission hereby finds that the service of alcohol to minors at loud and unruly
gatherings and the consumption of alcohol by minors at loud or unruly gatherings has in the past
and continues to pose a threat to the health and safety of all persons who reside in the city and
IX-38 10/2005
also causes significant disruption of city residents' quiet enjoyment of their households, especially
in the City's residential neighborhoods. In addition, such conduct, on behalf of persons who serve
alcohol to minors and minors who consume alcohol at loud or unruly gatherings, results in the
expenditure of a disproportionate percentage of the City's police, fire, and pUblic safety resources
which are underwritten primarily by general municipal taxes paid to the eity by its taxpayers and
residents. It is therefore the policy of the City Commission that in responding to loud or unruly
gatherings, the City Police Department shall strictly enforce any and all applicable state laws
pertaining to the service of alcohol to minors and the consumption of alcohol by minors, and with
respect to minors in possession of alcohol, the police department shall establish a "no tolerance"
protocol by which the police department contacts or causes the minor's school to contact, the
minor's parents or legal guardians whenever the minor is found to be in possession of alcohol or
narcotics or found to be intoxicated at a loud or unruly gathering. Where the minor's school has
an internal student disciplinary office any such incident shall likewise be reported to that office."
(Ord 1656 S 1, 2005)
IX-39 1 0/2005
Offenses By or Against Minors
Chapter 9.80
CURFEW
Sections:
9.80.010 Loitering by Persons under Sixteen Years of Age Prohibited - Exceptions
9.80.020 Responsibility of Parents or Guardians
9.80.030 Violation - Penalty
9.80.010 Loitering by Persons under Sixteen Years of Age Prohibited - Exceptions
No minor under the age of sixteen years shall loiter, idle, wander, stroll, or play in or upon the
public sweets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places,
public buildings, places of amusement and of entertainment, vacant lots, or other unsupervised
places or premises, between the hours of ten p.m. of any day and four a.m. of the following day,
official city time, within the corporate limits of the city; provided, however, that the provisions of
this section shall not apply to any such minor who is accompanied by his or her parent, guardian,
or other adult person having the care, custody, and control of such minor, or when such minor
is upon an emergency errand or other legitimate business at the direction, instruction, or
command of his or her parent, guardian, or other adult person having the care, custody, and
control of such minor, but such direction, instruction, or command shall be a matter of defense,
and the burden of proof thereof to the satisfaction of the court shall be upon the defendant in any
prosecution for violation of this chapter. Each and every violation of the provisions of this section
shall constitute a separate offense and shall be punishable as such. (Prior code S 6.34.010)
9.80.020 Responsibility of Parents or Guardians
It shall be deemed a violation of this chapter for any parent, guardian, or other adult person
having the care, custody, or control of a minor under the age of sixteen years to allow or permit
such minor, either expressly or by neglect, to duly exercise such care, custody, or control, to
loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks,
playgrounds, or other public grounds, public places, and public buildings, places of amusement
and entertainment, vacant lots, or other unsupervised places, between the hours of ten p.m. of
any day and four a.m. of the following day, official city time, except as provided in Section
9.80.010 of this chapter, and the burden of proving such exception shall be on the defendant;
provided, that in any prosecution under this section it shall not constitute a defense thereto that
the parent, guardian, or other adult person having the care, custody, or control of any such minor
under the age of sixteen years, did not have knowledge that such minor did loiter, idle, wander,
stroll, or play in or upon any of the places specified in this section at any time between the hours
herein specified. (Prior code S 6.34.020)
9.80.030 Violation - Penalty
Any minor violating the provisions of Section 9.80.010 of this chapter shall be dealt with in
accordance with and pursuant to the provisions of MCA S 41-5-101,1981, et seq., and the
Interstate eompact on Juveniles at MCA S 41-6-101, 1981, et seq. Any parent, guardian, or other
adult person having the care, custody, or control of a minor violating any of the provisions of
Section 9.80.010 of this chapter shall be deemed guilty of a violation of the provisions of Section
9.80.020 of this chapter, and upon conviction thereof, in the police court, shall be fined in a sum
not less than five dollars nor more than fifty dollars, or by imprisonment in the city or county jail
for a period not exceeding twenty-five days or by both such fine and imprisonment for each
offense of which such parent, guardian, or other adult person shall be so convicted. (Prior code
S 6.34.030)
IX-40 1 0/2005
Weapons
Chapter 9.90
AIRGUNS
Sections:
9.90.010 Discharge of Airguns Prohibited When
9.90.010 Discharge of Airguns Prohibited When
No person shall, within the limits of the city, shoot, or discharge any toy air pistol or rifle
shooting lead shot, or missile of metal, wood, or other hard substance. (Prior code S 6.08.010)
IX-41 1 0/2005
Chapter 9.92
CONCEALED WEAPONS
Sections:
9.92.010 Concealed Weapons Defined - Carrying Prohibited Without Permit
9.92.010 Concealed Weapons Defined - Carrying Prohibited Without Permit
No person shall carry or bear concealed upon his or her person a dirk, dagger, pistol,
revolver, sling-shot, sword, cane, billy, knuckles made of any metal or hard substance, knife
having a blade four inches long or longer, razor (not including a safety razor), or other dangerous
or deadly weapon, without written permission from the proper authority with legal power to grant
such permit. "Concealed weapons," within the meaning of this section, shall be any weapon
mentioned herein which shall be wholly or partially covered by the clothing or wearing apparel of
the person carrying or bearing such weapon. (Prior code S 6.04.060)
IX-42 10/2005
Chapter 9.93
WEAPONS IN PUBLIC BUILDINGS AND PROPERTY
Sections:
9.93.010 Definitions
9.93.020 Prohibition of Weapons in City-owned Buildings and Property
9.93.030 Exceptions
9.93.040 Areas Subject to Prohibition
9.93.050 Signing
9.93.060 Violation - Penalty
9.93.010 Definitions
The following words and terms, as used in this chapter, shall have the following meanings:
A. "Destructive device" means:
1. A projectile containing an explosive, incendiary material, or any other
similar chemical substance including, but not limited to, that which is
commonly known as tracer or incendiary ammunition, except tracer
ammunition manufactured for use in shotguns;
2. A bomb, grenade, explosive missile, or similar device, or a launching
device therefor;
3. A weapon of a caliber greater than .60 caliber which fires fixed ammunition
or any ammunition therefor, other than a shotgun or shotgun ammunition;
4. A rocket, rocket-propelled projectile, or similar device of a diameter greater
than .60 inch, or a launching device therefor and a rocket, rocket-propelled
projectile, or similar device containing an explosive or incendiary material
or any other similar chemical substance other than the propellant for the
device, except devices designed primarily for emergency or distress
signaling purposes;
5. A breakable container which contains a flammable liquid with a flashpoint
of one hundred fifty degrees Fahrenheit or less and which has a wick or
similar device capable of being ignited, other than a device which is
commercially manufactured primarily for the purpose of illumination.
S. "Firearm" means any weapon (including a starter gun) which will or is designed to
or may readily be converted to expel a projectile by the action of any explosive; the
frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any
destructive device.
C. "Park" means a park, playground, recreation complex, or any other area in the city,
developed or undeveloped, owned or used by the city, and devoted to active or
passive recreation.
D. "Weapon" means dirk; dagger; pistol; revolver; rifle; shotgun; firearm; slingshot;
sword cane; billy; knuckles made of any metal or hard surface; razor, not including
a safety razor; or other deadly weapon or destructive device. (Ord. 1420 ~ 1 (part),
1996)
9.93.020 Prohibition of Weapons in City-owned Buildings and Property
The carrying or possession of a weapon by any person in or on the eity-owned buildings and
property described in Section 9.93.040 or in any park is prohibited. (Ord. 1420 S 1 (part), 1996)
IX-43 1 0/2005
9.93.030 Exceptions
The provisions of Section 9.93.020 do not apply to:
A. Any peace officer of the State of Montana;
B. Any officer of the United States government authorized to carry a concealed
weapon;
C. Any member of the armed services or reserve forces of the United States or
National Guard, while in the performance of their official duties;
D. A person summoned to the aid of any of the persons named in Subsections A
through e of this section;
E. A probation and parole officer authorized to carry a firearm under Section
46-23-1002, Montana Code Annotated;
F. An agent of the Montana Department of Justice or a criminal investigator in a county
attorney's office;
G. Sponsored events, gun shows, or displays authorized by the city;
H. A person who is participating in a public event or program, including but not limited
to, a gun show or gun safety program which is authorized by the city to occur on city
property; or
I. A person authorized by the Bozeman Chief of Police to carry or possess an
unconcealed weapon on city property. (Ord. 1420 S 1 (part), 1996)
9.93.040 Areas Subject to Prohibition
The city-owned property to which the prohibition in Section 9.93.020 applies includes:
A. eity Hall eomplex, 411 East Main Street and 34 North Rouse Avenue, Bozeman,
Montana;
B. earnegie Building, 35 North Bozeman Avenue, Bozeman, Montana;
C. Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana;
D. City Shop eomplex, 814 North Bozeman Avenue, Bozeman, Montana, including all
lawns, parking areas, and sidewalks leading to the site, as well as all areas inside
the perimeter fence;
E. Swim Center, 1211 West Main Street, Bozeman, Montana;
F. Cemetery Building, 340 Golf Way, Bozeman, Montana, including all lawns, parking
areas, and sidewalks leading to the building and cemetery grounds;
G. Landfill Building, 2143 Story Mill Road, Bozeman, Montana;
H. Lower yards, 1900 North Rouse Avenue, Bozeman, Montana, including all areas
inside the perimeter fence;
I. Water Treatment Plant, 7220 Sourdough Canyon Road, Bozeman, Montana;
J. Wastewater Treatment Plant, 2245 Springhill Road, Bozeman, Montana, including,
but not limited to, all areas inside the perimeter fence;
K. Parks. (Ord. 1420 S 1 (part), 1996)
9.93.050 Signing
Suitable signs shall be posted at each entrance to the facilities listed in Sections 9.93.040.A
through J, stating the possession of weapons on the premises is prohibited except for law
enforcement personnel. (Ord. 1420 S 1 (part), 1996)
9.93.060 Violation - Penalty
Violation of this chapter is a misdemeanor and is punishable by a fine not to exceed five
hundred dollars and/or imprisonment of up to six months in the county jail. (Ord. 1420 S 1 (part),
1996)
IX-44 10/2005
Chapter 9.94
DISCHARGING FIREARMS
Sections:
9.94.010 Discharge of Firearms Prohibited ~ Exceptions
9.94.010 Discharge of Firearms Prohibited - Exceptions
No person shall, except in necessary defense of himself or others, or unless duly authorized
by law, discharge any firearm. This shall not apply to the discharge of firearms on any legal rifle
range of the National Guard or of any branch thereof nor to the discharge of firearms in any duly
licensed shooting gallery nor by any duly authorized person. (Prior code S 6.04.070)
IX-45 10/2005
Chapter 9.98
BOWS AND CROSSBOWS AND OTHER DEVICES
Sections:
9.98.010 Use Restrictions
9.98.010 Use Restrictions
A. No person shall throw, shoot, fire, or otherwise discharge any arrow, bolt, or other
projectile through the use of a bow, crossbow, or other device within the city limits,
except when done in the lawful defense of the person, property, or family or when
done either at an organized and established public or private archery shooting range
or gallery or when done at an archery shooting target area on private property or
premises under circumstances and in such a manner where any throwing, shooting,
firing, or other discharge of an arrow, bolt, or other projectile can be and is being
performed in a manner so as not to endanger person, property, animal, or fowl, and
also performed in such a manner so as to prevent any arrow, bolt, or other projectile
from traversing any grounds or air space outside the established boundaries or
limits of any organized and established public or private archery shooting range or
gallery or archery shooting target area on private property or premises.
B. No person shall throw, shoot, fire, or otherwise discharge any arrow, bolt, or other
projectile through the use of a bow, crossbow, or other device in parks or other
public property. (Ord. 1256 S 1, 1988; Ord. 1242 ~ 1, 1987)
IX-46 10/2005
------ -----------