HomeMy WebLinkAbout07-15-19 City Commission Packet Materials - C22. Ord 2022 Final, 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 Sory Mill Park
and Bozeman Pond to the list of restraint-free areas.
MEETING DATE: July 15, 2019
AGENDA ITEM TYPE: Consent
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: The City Commission held a public hearing on July 1, 2019 and
provisionally adopted Ordinance 2022. The ordinance amends Chapter 8, Article 2, Section 080, to add two new dog parks and the dog-free nature sanctuary at Story Mill Park to the code. One
letter of public comment was received in support of the project.
The Commission amended the text according to staff recommendations during the hearing. The
amendments are reflected in the revised Ordinance 2022 attached to this memorandum. The Commission voted unanimously 4:0 to approve the Ordinance.
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
Report compiled on: July 2, 2019
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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
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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 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, the triangle parcel southeast of the Spur Trail, and 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. West Paw Dog Park at 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.
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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.
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Ordinance 2022, Add Story Mill Park Nature Sanctuary as Dog-Free and Story Mill Park and Bozeman Pond as Restraint-Free
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Section 7
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
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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
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