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Home My WebLink About07-01-19 City Commission Packet Materials - A5. Ord 2022 Provisional, Revising the BMC to Add Story Mill Park to Dog-Free Areas Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Addi Jadin, Parks Planner and Development Manager Mitch Overton, Parks & Recreation Director SUBJECT: Ordinance 2022 of the City Commission of the City of Bozeman, Montana revising Chapter 8, Article 2, Section 080, (Animal) Restraint and confinement, to add the Story Mill Park Nature Sanctuary to the list of dog-free areas and to add the fenced and enclosed areas of Story Mill Park and Bozeman Pond Park to the list of restraint-free areas. MEETING DATE: July 1, 2019 AGENDA ITEM TYPE: Action RECOMMENDATION: Provisionally approve Ordinance 2022 to add new dog-free and restraint-free areas within City of Bozeman Parks to the Animal Control regulations. BACKGROUND: Two new park development projects funded by the Trails, Open Space and Parks Bond program have recently opened to the public. The Bozeman Pond Park Expansion includes the new Lewis and Bark Dog Park, a fenced and enclosed restraint-free area for dogs. Story Mill Park includes both a new fenced and enclosed dog park and a nature sanctuary providing wetland habitat for wildlife species and important water quality functions. The nature sanctuary is intended to be dog-free with the exception of the Story Mill Spur Trail which bisects it and the designated dog park previously mentioned. In order for animal control officers and other law enforcement authorities to enforce the Animal Control provisions as authorized in Chapter 8, Article 2, the newly developed areas must be added to Bozeman Municipal Code (BMC). UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The ordinance does not add new parkland area. Fiscal effects would include additional enforcement-related expenses. Attachments: Ordinance 2022 Story Mill Park Master Plan Bozeman Pond Park Master Plan Report compiled on: June 20, 2019 266 Page 1 of 5 ORDINANCE NO. 2022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING BOZEMAN MUNICIPAL CODE CHAPTER 8, ARTICLE 2, SECTION 080, (ANIMAL) RESTRAINT AND CONFINEMENT, TO ADD THE STORY MILL PARK NATURE SANCTUARY TO THE LIST OF DOG-FREE AREAS AND TO ADD THE FENCED AND ENCLOSED AREAS OF STORY MILL PARK AND BOZEMAN POND TO THE LIST OF RESTRAINT-FREE AREAS. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to promote public health, safety and welfare of the citizens of Bozeman, promote residential harmony and ensure the well-being of cats, dogs and other animals through effective animal regulations; and WHEREAS, it is the intent of the City Commission to allow for animal control officers and police officers to provide necessary enforcement through the use of criminal citations and related prosecution for more egregious, habitual, or serious offenses and the use of civil citations and related civil penalties for less serious offenses, but allow for the exercise of such discretion to be held at the time of the offense; and WHEREAS, Bozeman Municipal Code (BMC) Chapter 8, Article 2 includes provisions for enforcement of violations of this article; and WHEREAS, it is the intent of the City Commission to provide adequate, safe, and identifiable locations for citizens to allow accompanied dogs to exercise without restraint without infringing on the rights of other community residents and visitors; and 267 Ordinance 2022, Add Story Mill Park Nature Sanctuary as Dog-Free and Story Mill Park and Bozeman Pond as Restraint-Free Page 2 of 5 WHEREAS, the proposed revisions in Sections 1 and 2 are in compliance with approved park master plans for Story Mill Park and Bozeman Pond Park; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 BMC Chapter 8, Article 2, Section 080. (Animal) Restraint and Confinement, is revised so that the following text be added to Subsection F. Dog-free areas: 5. Story Mill Park Nature Sanctuary, defined as the approximately 40-acre area of Story Mill Community Park south of East Griffin Drive and west of Story Mill Road, not including the Story Mill Spur Trail which bisects the park or the fenced and enclosed restraint-free area for dogs. Section 2 BMC Chapter 8, Article 2, Section 080. (Animal) Restraint and Confinement, is revised so that the following text be added to Subsection G. Restraint-free areas: 8. Story Mill Community Park. The fenced and enclosed area located adjacent to Story Mill Road and east of the Story Mill Spur Trail that is specifically signed for use as a restraint-free dog park. 9. Lewis and Bark Dog Park at Bozeman Pond Park. The fenced and enclosed area located east of South Fowler Avenue, and north and west of Pond Row that is specifically signed for use as a restraint-free dog park. 268 Ordinance 2022, Add Story Mill Park Nature Sanctuary as Dog-Free and Story Mill Park and Bozeman Pond as Restraint-Free Page 3 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall be codified as indicated in Sections 1 and 2. 269 Ordinance 2022, Add Story Mill Park Nature Sanctuary as Dog-Free and Story Mill Park and Bozeman Pond as Restraint-Free Page 4 of 5 Section 7 Effective Date. This ordinance shall be in full force and effect 30 days after final passage and approval. 270 Ordinance 2022, Add Story Mill Park Nature Sanctuary as Dog-Free and Story Mill Park and Bozeman Pond as Restraint-Free Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 1st day of July, 2019. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 15th day of July, 2019. The effective date of this ordinance is August 14, 2019. ________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ________________________________ KAREN STAMBAUGH Acting City Attorney 271 C DESIGN DATE#DESCRIPTION ISSUE DATE: SHEET NUMBER REVIEWED: PROJECT NUMBER: DRAWN: 1 WORKSHOP REVISIONS 5404 2 3 4 5 6 7 A B C D E STORY MILLCOMMUNITY PARKBOZEMAN, MTC O P Y R I G H T D E S I G N W O R K S H O P, I N C. F 8 9 1 2 3 4 5 6 7 8 9 W W W . D E S I G N W O R K S H O P . C O M Jul 22, 2016 - 2:54pmF:\PROJECTS_R-Z\5404-Story Mill Community Park\D-CAD\02. Sheets\Master Plan Submittal\dw-5404-Irrigation Plan.dwg120 East Main StreetAspen, Colorado 81611-1787 (970)-925-8354 July 26, 2016 MP/CM AA/KC 60%DesignDevelopment _ MASTER PLAN DOCUMENT ILLUSTRATIVE PLANSIDEWALKPARKINGCOMMUNITY GATHERING LAWNPICNIC PAVILIONSLEDDING HILLMULTIGENERATIONAL PLAYGROUNDOBSERVATORY HILLCLIMBING BOULDERTRAIL BRIDGEPARKINGTRAIL BRIDGEFISHING ACCESSDOG PARKTRAIL GATEWAYHOMESTEAD PAVILIONBIRD BLIND WALKSERVICE DRIVE/ EMERGENCY ACCESS TO SOUTH PARCELACCESSIBLE FISHING PLATFORMMESSY PLAY AND RIVER ACCESSSTORY MILL COMMUNITY CENTERLABYRINTHRESTROOM PARKINGACTIVITY LAWNSPLASH PADFOOD FOREST TRAILPICNIC PAVILIONTEACHING GARDENEAST GRIFFIN DRIVE “PARK ROAD SECTION”EAST GALLATIN RIVERBOZEM A N C R EEK BRYANT STREETBOND STREETSTORY MILLHILLSIDE LANESTORY MILL ROADBIRDIE DRIVEGOLD AVENUE BRIDGER CENTER DRIVESTORY MILL SPURBRIDGER DRIVE272 273