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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 ------ -----------