HomeMy WebLinkAboutTitle_02 Administration and Personnel
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.01 Code of Ethics
2.04 City Commission
2.05 Acquisition and Transfer of City Property
2.06 Municipal Court
2.08 City Manager
2.10 Assistant City Manager
2.12 Administrative Departments Generally
2.16 City Attorney - Department of Law
2.20 Health Officer
2.30 Office of the City Clerk
2.32 Department of Finance
2.36 Division of Recreation
2.40 Department of Public Safety
2.44 Department of Public Service
2.48 Department of Public Welfare
2.56 Library Board of Trustees
2.64 City-County Planning Board
2.66 City Planning Board
2.72 City Employees
2.76 Cemetery
2.78 Bozeman Area Bicycle Advisory Board
2.80 Historic Preservation Advisory Board
2.84 Bozeman Beautification Advisory Board
2.88 Tax Increment Financing Industrial District Board
2.92 Bozeman Tree Advisory Board
2.96 Bozeman Senior Citizens' Advisory Board
2.98 Quality Jobs and Living Wage
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Sections:
2.01.010
2.01.020
2.01.030
2.01.040
2.01.050
2.01.060
2.01.070
2.01.080
2.01.090
Chapter 2.01
CODE OF ETHICS
Declaration of Policy
Definitions
Persons Covered
Standards of Conduct.
Use of City Resources
Treatment of the Public.
Conflict of Interest
Confidential Information
Gifts, Gratuities, and Favors
2.01.010 Declaration of Policy
The proper operation of the city government requires that public officials and employees be
independent, impartial, and responsible; that governmental policies and decisions be made in the
proper channels of the governmental structure; that public office and employment not be used
for personal gain; and that the public have confidence in the integrity of its government. The
purpose of this code of ethics is to set forth standards of ethical conduct, to assist public officials
and employees in establishing guidelines for their conduct, to foster the development and
maintenance of a tradition of responsible and effective public service, and to prohibit conflict
between public duty and private interest. Nothing herein shall be construed to relieve any
employee or official of the responsibilities set forth in Sections 2-2-104, 2-2-105, 2-2-125, 2-2-
131, and 7-5-4109 of the Montana Code Annotated. (Ord. 1537 S 1,2001; Ord. 1342 S 1, 1992;
Ord. 1240 S 1, 1987)
2.01.020 Definitions
As used in this chapter, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
A. "Agency" means the City Commission and all other agencies, board, committees,
departments, and offices of the city, without exception.
B. "City" means the "City of Bozeman", Montana.
C. "Confidential information" means any information which is not available to the
general public and which is obtained only by reason of an official's or employee's
position.
D. "Employee" means all individuals employed by the City and its agencies, but does
not include independent contractors hired by the City, City Commissioners, or any
Municipal Judge.
E. "Financial interest" means any ownership interest, contractual relationship, business
relationship, or other interest which will result in a monetary or other material benefit
to an official or employee, either tangibly or intangibly, which has a value of more
than fifteen dollars, other than his or her duly authorized salary or compensation for
his services to the city, and which interest is not common to the interest of all other
citizens of the city. The following financial interest shall be imputed to be those of
an official or an employee of the city:
that of a spouse or child of an official or employee; that of any prime
contractor or subcontractor of the city, in which the official or employee
or any member of his or her immediate family has any direct or indirect
interest as the proprietor, by ownership of stock or partnership
interest.
F. "Immediate family" means spouse and children.
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G. "Officials" means all officers and members of the city's agencies, whether elected
or appointed, whether paid or unpaid, whether permanent, temporary, or alternate,
and that are not employees.
H. "Personal interest" means any interest in the matter which would affect the action
of the official or employee other than a financial interest, and other than an interest
because of membership in, or affiliation with, but not employment by a social,
fraternal, charitable, service, educational, religious, governmental, health service,
philanthropic, cultural, or similar nonprofit institution or organization.
I. "Transaction" means the offer of, or the sale, purchase, or furnishing of, any real or
personal property or services, by or to any person or entity directly or indirectly, as
vendor or vendee, prime contractor, subcontractor, or otherwise, for the use and
benefit of the city or of such other person or entity for a valuable consideration.
(Ord. 1537 S 2, 2001; Ord. 1342 S 2, 1992; Ord. 1240 S 2, 1987)
2.01.030 Persons Covered
All city officials and employees shall be bound by this chapter. (Ord. 1240 S 3, 1987)
2.01.040 Standards of Conduct
A. Officials and employees have an obligation to act morally and honestly in
discharging their responsibilities.
B. Officials and employees shall conduct themselves with propriety, discharge their
duties impartially and fairly, and make continuing efforts toward attaining and
maintaining high standards of conduct.
C. Each official or employee serving on a multimember agency is expected to devote
the time and effort necessary to the successful functioning of such agency.
D. No official or employee shall improperly use, directly or indirectly, his city position
to secure any financial interest or personal interest for himself or others.
E. No official or employee shall, for any reason, use or attempt to use his position to
improperly influence any other official or employee in the performance of his official
duties. (Ord. 1342 S 3, 1992; Ord. 1240 S 4, 1987)
2.01.050 Use of City Resources
No official or employee shall use, or permit the use of, city-owned vehicles, equipment,
material, or city personnel for personal use of the employee or official or anyone else or to be
used in any manner prohibited by state statutes or city ordinance. No city automobile shall be
used by a city employee or official going to or from home, except when such use is for the benefit
of the city, as in the case of an employee on call outside of the employee's working hours. (Ord.
1240 S 5,1987)
2.01.060 Treatment of the Public
City officials and employees represent the city government to the public. In their contact with
the public, officials and employees must bear in mind their role as public servants. Each member
of the public should be treated courteously, impartially, and fairly. (Ord. 1240 S 6, 1987)
2.01.070 Conflict of Interest
A. No official or employee shall engage in any employment or business which conflicts
with the proper discharge of his official duties.
B. No official or employee shall have a financial or personal interest, tangibly or
intangibly, in any transaction with the City as to which he has the power to take or
influence official action unless full public disclosure is made. If an official or
employee has any tangible or intangible financial or personal interest in the outcome
of any matter coming before the agency of which he is a member or by which he is
employed, such official or employee shall publicly disclose on the record of the
agency, or to his superior or other appropriate authority, the existence of such
financial or personal interest. An official or employee having such a financial or
personal interest shall not engage in deliberations concerning the matter, shall
disqualify himself from acting on the matter, and shall not communicate about such
matter with any person who will participate in the action to be taken on such matter.
C. No employee, whether paid or unpaid, shall represent or appear on behalf of any
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individual or entity before any agency of the city, or take any appellate proceedings
from any action of such agency, either personally or through an associate or
partner.
D. No official, whether paid or unpaid, shall represent or appear on behalf of any
individual or entity in any action or proceeding of concern to the agency on which
that official serves, either before that agency or any other agency of the city, or
before the City Commission, or take any appellate proceedings from any action of
such agency orthe Commission. Such representation may be made by an official's
associate or partner, provided no reference to the participation of the involved
official is made except for certification or other required identification on prepared
documents. The involved official shall not engage in deliberations concerning a
matter represented by an associate or partner, shall disqualify himself from acting
on the matter, and shall not communicate about such matter with any person who
will participate in the action to be taken on such matter.
E. Nothing in this section shall be interpreted or construed to prohibit any official or
employee from exercising his legal rights as to his own personal interests in a
matter pending before the City or any of its agencies, or to prohibit an official or
employee from testifying as a witness in any administrative or judicial proceeding.
However, no official or employee who represents his own personal interest before
an agency of which he is a member, or a member of an agency to which the matter
may be appealed, shall participate in the decision of that agency or the appellate
agency. (Ord. 1342 S 4,1992; Ord. 1240 S 7,1987)
2.01.080 Confidential Information
A. No official or employee shall, without legal authority, disclose confidential
information concerning the personnel, property, government, or affairs of the city.
B. No official or employee shall use confidential information to advance his own
financial or personal interest or the financial or personal interests of any other
person.
C. Nothing in this section shall be interpreted as prohibiting the disclosure of
information required by law to be disclosed. (Ord. 1240 S 8, 1987)
2.01.090 Gifts, Gratuities, and Favors
No official or employee shall accept a gift, gratuity, or favor from any person or entity, except
as authorized by law. (Ord. 1240 S 9, 1987)
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Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.060
2.04.070
2.04.080
2.04.090
2.04.100
Chapter 2.04
CITY COMMISSION
Membership Qualifications
Election - Term of Office - Bond
Mayor Presides
Regular and Special Meetings - Open to Public
Voting
Clerk of the Commission
Salaries for Mayor and Commissioners
Powers and Duties
Ordinances and Resolutions - Requirements
Form of Government - Effect of Other Laws
2.04.010 Membership Qualifications
The Commission of the City of Bozeman shall consist of five Commissioners, who shall be
elected from the city at large in the manner provided by law. They shall be residents of the city
and have the qualifications of electors. (Ord. 1100 S 1, 1982; prior code S 2.08.010)
2.04.020 Election - Term of Office - Bond
A. Of the Commissioners elected at the special election held in the city on October 4,
1921, the terms of office of the two Commissioners who received the highest
number of votes at said election shall continue to January 1, 1924, and until their
successors shall be elected and shall qualify, and the other of said Commissioners
shall continue in his office of Commissioner until his successor shall be elected at
the regular election for the choice of Commissioners to be held on the first Tuesday
after the first Monday in November, 1923, and shall qualify.
B All succeeding Commissioners shall serve for a period of four years and until newly
elected Commissioners assume their duties at 12:01 a.m. on the first Monday in
January after such election.
C. Every person elected Commissioner shall, within ten days thereafter, file with the
Clerk of the Commission his oath of office and shall execute and give sufficient
bond to the city in such sum as the judge of the District Court of Gallatin County
shall designate, conditioned for the faithful performance of the duties of his office,
which bond shall be filed with the County Clerk and Recorder of Gallatin County.
(Ord. 1654 S 1, 2005; Ord. 1100 S 2, 1982; prior code S 2.08.020)
2.04.030 Mayor Presides
A. The Mayor shall be elected in the manner provided by the laws of Montana in force
at the time he shall be elected. In the event there is a vacancy in the office of Mayor
for any cause, other than by the expiration of his term of office, the remaining
members of the Commission shall choose his successorforthe unexpired term from
their own number.
B. The Mayor shall be the presiding officer, except that in his absence a president pro
tempore may be chosen. The Mayor shall exercise the powers and perform all
duties imposed upon him by the ordinances of the city and the laws of the state,
except that he shall have no power to veto any measure. He shall be recognized
as the official head of the city for the purpose of serving civil processes, and for the
purposes of military law and for all ceremonial purposes. (Prior code S 2.08.030)
2.04.040 Regular and Special Meetings - Open to Public
A. On the first Monday, that is not a holiday, after the first day of January following a
regular municipal election, the Commission shall meet at the usual place for holding
its meetings. Thereafter, the City Commission shall meet at such place, day, and
hour as may from time to time be fixed by resolution of the Commission. Absence
of any Commissioner from five consecutive regular meetings of the Commission
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shall be effective to vacate the office of such Commissioner, unless such absence
is authorized by the Commission by order entered in the minutes.
B. The Commissioner acting as Mayor, any two members of the Commission, or the
City Manager may call special meetings of the Commission, upon at least twelve
hours written notice to each member of the Commission, personally served on each
member or left at his usual place of residence.
C. All meetings of the Commission shall be public and any citizen shall have access
to the minutes and records thereof at all reasonable times. The Commission shall
determine its own roles and order of business and shall keep a journal of its
proceedings. (Ord 1654 S 2, 2005; Ord. 1537 S 3, 2001; Ord. 1100 S 5, 1982; prior
code S 2.08.060)
2.04.050 Voting
Three Commissioners shall constitute a quorum, and the affirmative vote of three
Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance, or pass
any measure, unless a greater number is provided for by law. Upon every vote, the ayes and
nays shall be called and recorded. (Ord. 1537 S 4, 2001; Ord. 1100 S 3, 1982; prior code S
2.08.040)
2.04.070 Salaries for Mayor and Commissioners
The salary of each Commissioner shall be established by ordinance, and the salary of the
Commissioner acting as Mayor shall be one and one-half times that of the other Commissioners.
(Ord. 1100 S 4, 1982; Ord. 1093 ss 1 and 2, 1982; Ord. 1075 ss 1 and 2, 1981; prior code S
2.08.050)
2.04.080 Powers and Duties
The Commission shall constitute the governing body, with power to make and pass all
bylaws, ordinances, orders, and resolutions not repugnant to the Constitution of the United States
or of the State of Montana or to the provisions of Title 7 of Montana Code Annotated, necessary
for the government or management of the affairs of the city, for execution of the powers vested
in the corporate, and to carry into effect the provisions of Title 7 of Montana Code Annotated and
to appoint a chief administrative officer to be known as the "City Manager," and to exercise all the
powers conferred on it by Title 7, Chapter 3, Part 3, of Montana Code Annotated, as amended,
and shall have all the powers conferred by law upon City Councils insofar as the same is not
inconsistent with said part. (Ord. 1537 S 5, 2001; prior code S 2.08.080)
2.04.090 Ordinances and Resolutions - Requirements
A. Each proposed ordinance or resolution shall be introduced in writing and shall not
contain more than one comprehensive subject, which shall be clearly stated in its
title, except ordinances for the codification and revision of ordinances and general
appropriation ordinances which may contain the various subjects and accounts for
which monies are to be appropriated. An ordinance must be adopted at two
meetings of the governing body not less than twelve days apart. After the first
adoption and reading, it must be posted and copies made available to the public.
Every ordinance or resolution passed by the Commission shall be filed immediately
with the Clerk of the Commission. The enacting clause of all ordinances passed by
the City Commission shall be:
"Be it ordained by the City Commission of the City of Bozeman."
B. No ordinance, unless it is declared an emergency, shall be passed upon the day on
which it shall be introduced, unless so ordered by an affirmative vote of four-fifths
of the members of the Commission. All ordinances shall be in effectfrom, and after,
thirty days from the date of their passage by the Commission, except as otherwise
provided by law. All resolutions are immediately effective unless a delayed effective
date is specified in the resolution.
C. The Commission may, by an affirmative vote of four-fifths of its members, pass
emergency measures to take effect at the time indicated therein. An emergency
measure is an ordinance or resolution for the immediate preservation of the public
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peace, property, health, or safety, or providing for the usual daily operation of a
municipal department, in which the emergency is set forth and defined in a preamble
thereto.
D. Every ordinance or resolution passed by the Commission shall be authenticated by
the signatures of the Mayor, or two Commissioners, and the Clerk of the
Commission, and recorded in a book kept for that purpose. The number and title
of every ordinance or resolution shall be published once within ten days after its
final passage in a daily newspaper of general circulation in the city. (Ord. 1537 S 6,
2001; Ord. 1381 S 1, 1994; Ord. 1100 S 6, 1982; prior code S 2.08.070)
2.04.100 Form of Government - Effect of Other Laws
All ordinances and sections or parts of ordinances insofar as they are in conflict with, or
inconsistent with, the provisions of Chapter 152 of the Acts of the Fifteenth Legislative Assembly
of the State, relating to the Commission-Manager plan or form of government are hereby
repealed; but nothing herein contained shall be construed to repeal, or in any way affect, any
ordinance of the city relating to the administration of the affairs of the city, except insofar as the
same may not be applicable under said Commission-Manager plan or form of government and
with the provisions of this title which are intended to carry said form of government into effect.
(Prior code S 2.08.370)
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Chapter 2.05
ACQUISITION AND TRANSFER OF CITY PROPERTY
Sections:
2.05.010
2.05.020
2.05.030
2.05.040
2.05.050
2.05.060
Authorization for City to Obtain Property
Appraisal Required for Certain Purchases of Real Property or
Conservation Easements
Authorization to Sell and Exchange City Property
Requirements for Certain Sales
Terms of Sale
Appraisal Required for Certain Sales
2.05.010 Authorization for City to Obtain Property
The City Commission has jurisdiction and power, under such limitations and restrictions as
are prescribed by law, to purchase, receive by donation or exchange, or lease any real or
personal property necessary for the use of the City and to preserve, take care of, manage, and
control the same.
2.05.020 Appraisal Required for Certain Purchases of Real Property or
Conservation Easements
Unless otherwise provided by law, the City may not purchase real property in an amount in
excess of $10,000 $200,000 or a conservation easement using public funds in an amount in
excess of $40,000 unless the value of the property or conservation easement has been
previously estimated by a disinterested certified general real estate appraiser selected by the City
Manager. The City may not pay more than the appraised value for the real property or
conservation easement.
2.05.030 Authorization to Sell and Exchange City Property
A. The City Commission has the power to sell, trade, or exchange any real or personal
property, however acquired, belonging to the City that is not necessary to the
conduct of City business or the preservation of its property.
B. Whenever the City purchases equipment, as provided in M.C.A. Sections
7-5-4301 through 7-5-4310, City equipment that is not necessary to the conduct of
the City business may be traded in as part of the purchase price or may be sold at
public auction, as provided in 7-5-4310, in the discretion of the City Manager or City
Manager's designee.
C. Any sale, trade, or exchange of real or personal property must be accomplished
under the provisions of this Chapter. In an exchange of real property, the properties
must be appraised, and an exchange of City property may not be made unless
property received in exchange for the City property is of an equivalent value. If the
properties are not of equivalent values, the exchange may be completed if a cash
payment is made in addition to the delivery of title for property having the lesser
value.
D. If the City owns property containing a historically significant building or monument,
the City may sell or give the property to nonprofit organizations or groups that agree
to restore or preserve the property. The contract for the transfer of the property
must contain a provision that:
1. requires the property to be preserved in its present or restored state upon
any subsequent transfer; and
2. provides for the reversion of the property to the City for noncompliance
with conditions attached to the transfer.
2.05.040 Requirements for Certain Sales
When the City Commission has determined, after public hearing, that any real property which
is owned by the city is no longer needed, the property may be sold by bid, auction with reserve,
or negotiated sale or exchange, subject, where appropriate, to a minimum price established
through an appraisal that certifies the value of such property. Notice of sale, exchange, or
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auction shall be published as provided in M. C.A. Section 7-1-4127. The city may terminate the
sale procedures used at any time and may reinitiate the same or different procedures at a later
date.
2.05.050 Terms of Sale
A. Except as provided in Section 2.05.030.D, a sale under this part must be for cash
or on terms that the City Commission may approve, provided that at least 20% of
the purchase price is paid in cash. All deferred payments on the purchase price of
any property sold must bear interest at the rate of 6% a year a market rate, payable
annually, and may be extended over a period of not more than five years.
B. Subject to Section 2.05.030.D, a sale may not be made for less than 90% of the
appraised value.
C. Subject to Section 2.05.030.D, the title to any property sold may not pass from the
City until the purchaser or the purchaser's assigns have paid the full amount of the
purchase price into the City treasury for the use and benefit of the City.
2.05.060 Appraisal Required for Certain Sales
Unless otherwise provided, no sale of real property shall be made of any property unless it
has been appraised within three months one year prior to the date of the sale.
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Sections:
2.06.010
2.06.020
2.06.030
2.06.040
2.06.050
2.06.060
2.06.070
2.06.080
2.06.090
2.06.100
2.06. 11 0
2.06.120
2.06.130
2.06.140
2.06.150
Chapter 2.06
MUNICIPAL COURT
Establishment of the Municipal Court
Sessions of the Municipal Court
Office of Clerk of the Municipal Court
Duties of the Clerk of the Municipal Court
Office of Municipal Judge
Method of Selection and Term of Office
Qualifications of Municipal Judge
Powers and Duties of Municipal Judge
Procedure for Court Appointed Counsel
Compensation and Expenses
Oath and Deposit of Funds
Qualifications of a Judge Pro Tempore
Vacancy Filled by Commission
Appeal to District Court
Limitation on Appeals
2.06.010 Establishment of the Municipal Court
A. The Municipal Court is hereby established pursuant to Title 3, Chapter6, MCA. The
court is established for all intents and purposes set forth in state law and any
reasonable inference therein.
B. The Municipal Court will be a court of record by electronic recording or stenographic
transcription and will assume continuing jurisdiction over all pending city court
cases.
C. The Municipal Court will commence on January 1, 2000. (Ord. 1490 S 1 (part),
1999)
2.06.020 Sessions of the Municipal Court
A. The Municipal Court will be in a continuous session from nine o'clock a.m. until noon
and from one o'clock p.m. until four o'clock p.m. on every day except nonjudicial
days. The judge may set additional hours as necessary.
B. Nonjudicial days are defined as any legal holidays or days appointed by the
President of the United States or by the Governor of Montana for a public fast,
Thanksgiving, or holiday except as set forth in Subsection C of this section.
C. The Municipal Court will, on any day:
1. Give instructions to a jury when deliberating;
2. Receive a verdict or discharge a jury;
3. Exercise its powers in a criminal action;
4. Issue writs of prohibition, injunctions, and habeas corpus. (Ord. 1490 S 1
(part), 1999)
2.06.030 Office of Clerk of the Municipal Court
The position of Clerk of the Municipal Court is established. The clerk will work under the
supervision and control of the Department of Finance. (Ord. 1490 S 1 (part), 1999)
2.06.040 Duties of the Clerk of the Municipal Court
The Clerk of the Municipal Court will establish, maintain, retain, and administer all Municipal
Court records by means of electronic filing or storage or both. In any event, the clerk will maintain
a paper copy of all records established. The clerk will assist the Municipal Judge in the recording
and signing of court proceedings as well as general operations of the court. The clerk will have
all other powers and duties as prescribed in Section 3-5-501, MCA, relevant to a Municipal Court
as well as all other duties assigned by the Department of Finance. (Ord. 1490 S 1 (part), 1999)
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2.06.050 Office of Municipal Judge
The office of Municipal Judge is hereby established for the City. There will be one full-time
Municipal Judge. The judge will not be employed in addition to the employment as a Municipal
Judge. (Ord. 1490 S 1 (part), 1999)
2.06.060 Method of Selection and Term of Office
The person holding the office of Municipal Judge will be elected at a general election and will
hold office for a period of four years. (Ord. 1490 S 1 (part), 1999)
2.06.070 Qualifications of Municipal Judge
A Municipal Judge, at the time of election or appointment, will be a resident of, and registered
to vote in, the city. The Municipal Judge must have the same qualifications as a district judge,
as set forth in Article VII, Section 9, of the 1972 Montana Constitution, except that the judge need
only be admitted to the practice of law in the State of Montana for a minimum of two years prior
to the date of election or appointment. (Ord. 1490 S 1 (part), 1999)
2.06.080 Powers and Duties of Municipal Judge
The Municipal Judge will have those powers and duties as are provided by state law and the
Montana Supreme Court. The judge will also have all duties imposed by city ordinances. The
judge will hear and determine all suits, actions, and prosecutions instituted in the Municipal Court
pursuant to state law and ordinances of the city. (Ord. 1490 S 1 (part), 1999)
2.06.090 Procedure for Court Appointed Counsel
A. Upon request for court appointed defense counsel, the Municipal Judge will require
that the defendant complete and sign a written application for court appointed
counsel as provided in the Montana Supreme Court Bench Book. This application
will be notarized prior to submission. The Municipal Judge will verify all information
provided by the defendant prior to appointing a public defender.
B. The Municipal Judge will establish written criteria for determining proper
appointment of defense counsel for indigent defendants in criminal actions and
appoint counsel to all individuals who qualify under these criteria. The Municipal
Judge will provide a copy of the criteria to the City Commission and the City
Manager within thirty days of taking office or assuming the position of Municipal
Judge.
C. The Municipal Judge will provide the City Commission and City Manager with a
report indicating the number and type of cases in which the defendant received
appointed counsel, the income level of each individual appointed counsel, and any
other information the Municipal Judge feels pertinent. The report will be due on or
before the 15th of every month. (Ord. 1490 S 1 (part), 1999)
2.06.100 Compensation and Expenses
A. The City Commission will establish the annual salary of the Municipal Judge by
ordinance.
B. The Municipal Judge will receive any actual and necessary expenses as budgeted
in the city's annual budget. (Ord. 1490 S 1 (part), 1999)
2.06.110 Oath and Deposit of Funds
A. The oath of office will be filed with the office of the Clerk of the Commission.
B. All monies, from whatever source, collected under the jurisdiction of the Municipal
Judge will be deposited and managed in accordance with the rules of the Montana
Supreme Court.
C. So long as the rules of the Montana Supreme Court do not require otherwise, all
such monies will be deposited daily with the treasurer of the city, as directed by the
Director of Finance.
D. In order to establish an appropriate control of monies deposited temporarily for
bonds, appearance bonds, etc., all such monies will be placed into a trust fund to
be maintained and controlled by the Clerk of the Municipal Court. Upon final
disposition, of the matter to which such a bond pertains, by the Municipal Court, the
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Clerk of the Municipal Court will disburse such monies according to the direction of
the Municipal Judge. (Ord. 1490 S 1 (part), 1999)
2.06.120 Qualifications of a Judge Pro Tempore
A. When a judge of the Municipal Court has been disqualified, or is sick, or for any
reason unable to act, the judge will call in a qualified practicing attorney of the city
who will be the judge pro tempore with the same powers for the purposes of the
cause as the judge of the Municipal Court.
B. Any person acting as judge pro tempore must meet the following qualifications:
1. Be an attorney admitted to practice in the state of Montana for a period of
not less than two years;
2. Be either a resident of the city or have a law practice or other law-related
employment whose business address is within the Bozeman city limits.
(Ord. 1490 S 1 (part), 1999)
2.06.130 Vacancy Filled by Commission
Should a vacancy occur in the office of Municipal Judge, the City Commission will appoint
a qualified individual to serve for the remainder of the term. (Ord. 1490 S 1 (part), 1999)
2.06.140 Appeal to District Court
A. A party may appeal a Municipal Court judgment or order to the district court in either
criminal or civil actions. An appeal to the district court is confined to review of the
record and questions of law, subject to the supreme court's rulemaking and
supervisory authority.
B. On appeal, the Clerk of the Municipal Court will transfer the record consisting of an
electronic recording or stenographic transcription of the case tried, together with all
papers filed in the action. The clerk may charge the requestor a reasonable fee for
any copies or transcription made necessary by the appeal. (Ord. 1490 S 1 (part),
1999)
2.06.150 Limitation on Appeals
A. A party in a civil case may appeal a Municipal Court judgment ororderto the district
court in cases where the amount in controversy exceeds one thousand dollars.
B. In criminal actions, a defendant may appeal a Municipal Court judgment or order to
the district court in cases where the amount in controversy exceeds three hundred
dollars, or where incarceration has been ordered. The state may appeal in any
instance set forth in Montana law.
C. Notwithstanding the foregoing, the district court may, in the interests of justice,
accept appeal jurisdiction upon petition of the aggrieved party. (Ord. 1490 S 1 (part),
1999)
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Chapter 2.08
CITY MANAGER
Sections:
2.08.010
2.08.020
Appointment - Powers and Duties
Compensation - Oath of Office - Bond
2.08.010 Appointment - Powers and Duties
A. The Commission shall appoint a City Manager, who shall be the administrative head
of the city government and be responsible for the efficient administration of all its
departments. He shall hold his office at the will of the Commission.
B. The powers and duties of the City Manager shall be to:
1. Enforce laws, ordinances, and resolutions;
2. Perform the duties required by him by law, ordinance, or resolution;
3. Administer the affairs of the local government;
4. Direct, establish, organize, supervise, and administer all departments,
agencies, and offices of the local government unit except as otherwise
provided by law or ordinance;
5. Carry out policies established by the Commission;
6. Prepare the Commission agenda;
7. Recommend measures to the Commission;
8. Report to the Commission on the affairs and financial condition of the local
government;
9. Execute bonds, notes, contracts, and written obligations of the
Commission, subject to the approval of the Commission;
10. Report to the Commission as the Commission may require;
11. Attend Commission meetings and may take part in the discussion, but may
not vote;
12. Prepare and present the budget to the Commission for its approval and
execute the budget adopted by the Commission;
13. Appoint, suspend, and remove all employees of the local government
except as otherwise provided by law or ordinance;
14. Appoint members of temporary advisory committees established by the
manager. (Ord. 1537 S 7,2001; prior code S 2.08.100)
2.08.020 Compensation - Oath of Office - Bond
The City Manager shall receive such salary as may be fixed by the Commission. Before
entering upon the duties of his office, he shall take and subscribe to the oath of office and he shall
give an official bond in such sum as may be fixed by the Commission, conditioned for the faithful
performance of the duties of his office, with sufficient surety to be approved by the Commission,
and such oath and bond shall be filed with the clerk thereof. (Ord. 1537 S 8, 2001; prior code S
2.08.110)
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Chapter 2.10
ASSISTANT CITY MANAGER
Sections:
2.10.010 Assistant City Manager
2.10.010 Assistant City Manager
The City Manager shall appoint an Assistant City Manager who shall serve as acting City
Manager in the absence of the City Manager. The Assistant City Manager shall perform such
duties by direction of the City Manager or as required by law. (Ord. 1643 S 1, 2005)
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Chapter 2.12
ADMINISTRATIVE DEPARTMENTS GENERALLY
Sections:
2.12.010 Administrative Departments Established
2.12.010 Administrative Departments Established
A. The following administrative departments of the city are established:
1 . Department of Law;
2. Department of Public Service;
3. Department of Planning and Community Development;
4. Department of Public Safety;
5. Department of Finance.
B. The City Manager may, by administrative order, transfer, eliminate, or add functions
to the departments, to include organizing or reorganizing all divisions thereunder.
(Ord. 1643 S 2, 2005; prior code S 2.08.130)
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Chapter 2.16
CITY ATTORNEY - DEPARTMENT OF LAW
Sections:
2.16.010
City Attorney - Appointment - Authority as Head of Department of Law
2.16.010 City Attorney - Appointment - Authority as Head of Department of Law
A. The head of the Department of Law shall be an attorney at law, who has been
admitted to practice in the state, and shall be known as the City Attorney. The City
Attorney shall be the legal advisor of, and attorney and counsel for the City and for
all the officers and departments thereof, in matters relating to their official duties.
The City Attorney shall perform duties and have the authority conferred upon City
Attorneys by the City Manager.
B. The City Attorney shall be appointed by the City Manager. Before entering upon the
duties of his or her office, he or she shall take and subscribe to the oath of office
and give an official bond, if the Commission shall require, in a sum to be fixed by it,
with sufficient surety to be approved by the Commission, and said oath and bond
shall be filed with the clerk thereof. He shall receive such salary as may be fixed
by the City Manager. (Ord. 1537 S 9, 2001; prior code S 2.08.140)
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Chapter 2.20
HEALTH OFFICER
Sections:
2.20.010
Health Officer - Appointment - Powers and Duties
2.20.010 Health Officer - Appointment - Powers and Duties
There shall be a Health Officer of the city who, under the direction and control of the City
Manager or Director of Public Welfare, shall enforce all ordinances and laws relating to health and
shall perform all duties and have all powers provided by law relative to the public health and
applicable to, or to be exercised in, municipalities by health officers. He shall be appointed by the
City Manager and shall serve until removed by him, or until his successor is appointed and
qualifies. Before entering upon the duties of his office, the City Health Officer shall take and
subscribe to the oath of office and shall give an official bond if the Commission shall require, in
a sum to be fixed by it, with sufficient surety to be approved by the Commission, and said oath
and bond shall be filed with the clerk thereof. He shall receive such salary or compensation as
may be fixed by the City Manager. (Prior code S 2.08.190)
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Chapter 2.30
OFFICE OF THE CITY CLERK
Sections:
2.30.010
2.30.020
City Clerk
City Clerk - Oath and Bond
2.30.010 City Clerk
A. The City Clerk shall be appointed by the City Manager and shall serve until removed
by him, or until a successor is appointed and qualifies.
B. Powers and duties of the City Clerk shall include:
1. Attend all meetings of the Commission and record and sign the
proceedings thereof;
2. Keep records of the Commission. Maintain and preserve the minutes and
records of the proceedings of the Commission in accordance with state
statutes, ordinances, and resolutions;
3. Record ordinances and resolutions. Enter into a book all ordinances and
resolutions passed and adopted by the Commission and be the legal
custodian of the same;
4. Maintain all contracts passed, adopted, or entered into by the City;
5. Countersign and cause to be posted or published, as provided by state
statute, all ordinances or resolutions adopted by the Commission;
6. Publish all legal notices as required by state statute or ordinance;
7. Take and administer oaths;
8. Make and certify copies of all records, books, and papers in the
possession of the office;
9. Make and keep a complete index of the minutes, ordinances, and
resolutions on file in the office;
10. Post meeting notices. Cause notices of special meetings of the City
Commission to be posted in accordance with state statutes, ordinances,
or resolutions;
11. Maintain the city seal. Have custody of the seal of the city and affix it to
such documents as may be required and authorized pursuant to law;
12. Records manager. Serve as the city's records manager, ensuring that all
records of the city are retained and maintained in accordance with state
statutes and adopted records retention schedules;
13. Perform such other duties as may be required by ordinance or resolution
or by order of the City Manager.
C. The City Clerk shall receive such salary as may be fixed by the City Manager. (Ord.
1632 S 1,2005)
2.30.020 City Clerk - Oath and Bond
Before entering upon the duties of the office, the City Clerk shall take and subscribe to the
oath of office and give an official bond which bond shall cover the duties of the City Clerk. (Ord.
1632 S 2, 2005; Ord. 1537 S 13, 2001; prior code S 2.08.360)
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Chapter 2.32
DEPARTMENT OF FINANCE
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
Director of Finance - Appointment - Bond - Powers and Duties
City Manager Duties
Fiscal Year - Revenue and Expenditure Estimates
Sinking Fund Trustees Designated
Assistance by Clerk of the Commission - Oath and Bond
2.32.010 Director of Finance - Appointment - Bond - Powers and Duties
A. The Director of Public Finance shall be the head of the Department of Finance and
shall work under the supervision and control of the City Manager in all matters,
except that as custodian of all the public monies which may come into his hands,
he shall be governed by the laws of the state relating to city treasurers and funds
of municipalities and shall be responsible under his bond for the safekeeping of all
public monies and the deposit of the same as required by law. The Director of
Finance shall be custodian of all public monies for the city and all other public
monies for the city and all other public monies coming into his hands. He shall keep
and preserve such money in the place or places determined by ordinance or by the
provisions of any law applicable thereto. Except as otherwise provided by law, he
shall collect, receive, and disburse all other public monies coming into his hands,
in pursuance of such regulations as may be prescribed by the authorities having
lawful control of such funds. The Director of Finance shall keep and have the
supervision of all accounts of the city and shall be the collector of all monies paid
to the city.
B. The Director of Finance shall:
1. Mail notices of all special assessments for public improvements to property
owners and perform all duties in connection with special assessments for
improvements prescribed by law for city treasurers;
2. Have charge of the collection of such assessments as are payable directly
to the City and the preparation of the lists and the certification thereof of all
unpaid assessments to the County Treasurer for collection by him;
3. Issue all licenses and collect all fees therefor;
4. Be the collector of water rents and all other monies owing to the City on
account of the city waterworks system. The Director off Finance shall be
responsible for the safekeeping of all funds on account of the city
waterworks system; and the bond to be given by the Director of Finance,
as hereinafter provided, shall cover his duties with respect to funds derived
from, or on account of, the waterworks system, as well as all other funds
which may come into his hands.
C. The Director of Finance shall have all the authority and shall be charged with all the
duties prescribed by all of the laws of the State of Montana and ordinances of the
city relating to the powers and duties of city treasurers of municipalities, except that
the Director of Finance shall not have charge of the purchasing of supplies for, or
selling property belonging to, the city.
D. The Director of Finance shall be appointed by the City Manager. Before entering
upon the duties of his office, the Director of Finance shall take and subscribe to the
oath of office and give an official bond in the sum of at least twenty thousand
dollars, and such an additional amount as the Commission may require, with
sufficient surety to be approved by the Commission, and said oath and bond shall
be filed with the clerk thereof. The director shall receive such salary as may be
fixed by the City Manager. (Ord. 1537 SS 10 and 11, 2001; prior code S 2.08.320)
2.32.020
City Manager Duties
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Under the Department of Finance, the duties of the City Manager shall include the purchase,
storage, and distribution of supplies needed by the various departments, and he shall have
charge, under the supervision of the City Commission, of selling all real and personal property
of the city not needed or suitable for public use, or that may have been condemned as useless
by him. He shall have charge of such storerooms and storehouses as the City may possess in
which shall be stored all supplies and materials purchased by the City and not delivered to the
various departments. He shall inspect all supplies delivered to determine quality and quantity in
conformity with specifications. (Prior code S 2.08.330)
2.32.030 Fiscal Year - Revenue and Expenditure Estimates
A. The fiscal year of the city shall begin on the first day of July. The City Manager shall
submit to the Commission an estimate of the expenditures and revenues of the city
departments for the ensuing year. Thereafter, and upon receipt of such estimate,
the Commission shall prepare and pass an appropriation ordinance.
B. Upon request of the City Manager, the Commission may transfer any part of an
unencumbered balance of an appropriation to a purpose or object for which the
appropriation for the current year has provided insufficient or may authorize a
transfer to be made between items appropriated to the same office or department.
C. At the close of each fiscal year, the unencumbered balance of each appropriation
shall revert to the respective funds from which it was appropriated and shall be
subject to future appropriation. (Ord. 1537 S 12, 2001; prior code S 2.08.340)
2.32.040 Sinking Fund Trustees Designated
The members of the Commission, the City Manager, and the Director of Finance shall
constitute the sinking fund trustees. The Mayor shall be the president and the Director of Finance
shall be the secretary of the trustees of the sinking fund. The trustees of the sinking fund shall
manage and control the sinking fund in the manner provided by the laws of the state or by
ordinance. (Prior code S 2.08.350)
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Sections:
2.36.010
2.36.020
2.36.030
2.36.050
2.36.060
2.36.070
2.36.080
2.36.090
2.36.100
2.36. 11 0
Chapter 2.36
DIVISION OF RECREATION
Creation and Purpose of Division
Division Administration
Recreation and Parks Advisory Board Creation, Membership, and
Meetings
Board, ex Officio Member
Board Secretary
Board Recommendations to City Manager
Board Recommendations to City Commission
Board - Donations
Division Duties
Recreation Fees
2.36.010 Creation and Purpose of Division
There is, created in and under the Department of Public Welfare of the city, a division of
recreation. The division shall have charge of, and be charged with, the responsibility for public
recreation, playground work, and other activities to be carried on in the public parks and
playgrounds and other facilities of the city and facilities contracted for with other agencies. (Ord.
1175 S 1 (part), 1985)
2.36.020 Division Administration
The functions of the division of recreation shall be carried out by a designee of the City
Manager and such employees and/or assistants as may be necessary. (Ord. 1175 S 1 (part),
1985)
2.36.030
Recreation and Parks Advisory Board Creation, Membership, and Meetings
A. The City Commission shall appoint a recreation and parks advisory board,
hereinafter referred to as the "board," which shall consist of up to fourteen
members, representing as many facets of recreational programs as possible and
selected as follows:
1. Seven of the members shall be "City of Bozeman" residents appointed by
the City Commission;
2. Two of the members shall be recommended by the Board of
Commissioners of Gallatin County, Montana, with final appointment to be
made by the City Commission;
3. Up to three additional at-large members may be appointed by the City
Commission, with city residency being a consideration, but not a
mandatory requirement;
4. Up to two student members from area secondary schools, including home
schooled students, may be appointed by the City Commission, with city
residency being a consideration but not a mandatory requirement. All
members shall be appointed for terms of three years, except student
members who shall be appointed for a term of one year. A majority of the
members on the board, regardless of its size, shall be residents of the city.
B. The board shall hold an annual meeting in January, at which meeting it shall elect
one of its members as chairman of the board, to serve as such for the ensuing year,
and it shall hold such other meeting as may be required to transact business which
may come before it. A majority of the voting members of the board shall constitute
a quorum for the purposes of conducting business. Regular meetings will be held
on such dates as may be set by the board, and special meetings may be held on
any date at the request of a majority of the members of the board, the City Manager,
or the City Commission. All meetings shall be open to the public. Reasonable
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public notice shall be given prior to all regular and special meetings. (Ord. 1507 S
I, 2000; Ord. 1312 S 1, 1990; Ord. 1175 S 1 (part), 1985)
2.36.050 Board, ex Officio Member
The City Manager, or a designee, shall be an ex officio, nonvoting member of the board. It
shall be his duty to keep the board informed as to city policies, the city budget, to make available
to them any information which he deems pertinent to the recreation and parks advisory board.
(Ord. 1312 S 3,1990; Ord. 1175 S 1 (part), 1985)
2.36.060 Board Secretary
The board shall select a secretary, who shall attend all meetings of the board and keep
correct minutes of all proceedings of the board in a book to be provided for that purpose, to be
called the "Record of the Recreation and Parks Advisory Board of the City of Bozeman" and shall
perform such other duties necessarily implied by the activities and duties of the board. The
secretary may be an employee of the city approved by the City Manager or a board member.
(Ord. 1312 S 4,1990; Ord. 1175 S 1 (part), 1985)
2.36.070 Board Recommendations to City Manager
The board shall make recommendations to the City Manager on the following subjects:
A. The number and nature of duties of division employees and/or assistants;
B. Recreation program offerings;
C. Rules and regulations for the management of playgrounds, recreation centers, and
other recreation places and activities;
D. Fees to be charged for activities and use of recreation property;
E. Annually review with administration each year a proposed budget covering the
recreational activities to be offered for the ensuing fiscal year;
F. Other recommendations as requested. (Ord. 1643 S 3,2005; Ord. 1175 S 1 (part),
1985)
2.36.080 Board Recommendations to City Commission
The board shall make recommendations to the City Commission on policy and procedural
matters in the field of public recreation. Subject to the approval of the City Manager, the board
shall make recommendations on the following subjects:
A. Equipment, operation, and supervision of playgrounds, athletic fields, swimming
pools, and indoor recreation facilities, on or in any public grounds or buildings, either
within or without the city, which the City Commission may from time to time provide,
acquire, authorize, offer, designate, or set apart for such use;
B. The organization and conduct of play and recreation activities on the grounds and
in the buildings under the control of the school district or Gallatin County, upon
approval of the respective entity;
C. The use of any grounds, places, buildings, or facilities which may be offered, either
temporarily or permanently, by individuals or corporations for playground or
recreational purposes;
D. On parkland or cash-in-lieu proposals by developers through the planning process;
E. Other recommendations as requested. (Ord. 1175 S 1 (part), 1985)
2.36.090 Board - Donations
When approved by the City Commission, the board may, on behalf of the city, receive
donations, legacies, or bequests for the improvement or maintenance of playgrounds, recreation
centers, or other recreational facilities, and all monies that may be derived from such donations,
legacies, or bequests shall be deposited with the Director of Finance of the City to the credit of
the recreation trust fund, and the same may be drawn therefrom and paid out upon approval of
the City Commission in the same manner as provided in payment of monies legally appropriated
for the acquisition, support, and improvement for playgrounds, recreation centers, and other
recreation places, and the monies so derived from such donations, legacies, or bequests shall
be used solely for such playground or recreation uses. (Ord. 1175 S 1 (part), 1985)
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2.36.100 Division Duties
The division of recreation shall have authority to organize and conduct leisure time activities
for individuals of all ages in a constructive and wholesome manner. (Ord. 1175 S 1 (part), 1985)
2.36.110 Recreation Fees
Fees charged by the division for activities and use of recreation property shall be deposited
with the Director of Finance. (Ord. 1175 S 1 (part), 1985)
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Chapter 2.40
DEPARTMENT OF PUBLIC SAFETY
Sections:
2.40.010
2.40.015
2.40.020
2.04.030
2.04.040
2.04.050
2.04.060
Powers and Duties of Director of Public Safety
Powers and Duties of Director of Public Safety - Fire
Police Force - Organization - Enforcement Authority
Fire Force - Organization - Fire Chief Authority
Application of Other Laws to Police and Fire Departments
Enforcement Personnel for Building, Electrical, and Plumbing Codes
Superceding State Law Inconsistent with Code
2.40.010 Powers and Duties of Director of Public Safety - Police
The Director of Public Safety - Police shall be the head of the Department of Public Safety
- Police, and shall work under the supervision and control of the City Manager in all matters. The
director shall be the executive head of the division of police. Whenever state law, contracts, or
interlocal agreements require the Chief of Police to perform any service or carry out any function,
the Director of Public Safety - Police shall have the responsibility to perform the service or carry
out the function. The director shall also be charged with the enforcement of all laws and
ordinances relating to weights and measures. The director shall receive such salary as shall be
fixed by the City Manager. (Ord. 1640 S 1, 2005; Ord. 1537 S 14, 2001; prior code S 2.08.270)
2.40.015 Powers and Duties of Director of Public Safety - Fire
The Director of Public Safety - Fire shall be the head of the Department of Public Safety -
Fire and shall work under the supervision and control of the City Manager in all matters. The
Director shall be the executive head of the division of fire. Whenever state law, contracts, or
interlocal agreements require the Fire Chief to perform any service or carry out any function, the
Director of Public Safety - Fire shall have the responsibility to perform the service or carry out the
function. The Director shall also be the chief administrative authority in all matters affecting the
inspection and regulation of, the erection, maintenance, repair, and occupancy of, buildings,
including the inspection of plumbing and electrical wiring in buildings, and shall have charge of
the enforcement of all ordinances of the city regulating such matters, and shall see that the laws
of the state in respect thereto are enforced within the city. (Ord. 1640 S 2, 2005)
2.40.020 Police Force - Organization - Enforcement Authority
A. The police force of the city shall be composed of a Chief of Police and such other
officers, patrolmen, and other employees as the City Manager may determine. The
Chief of Police shall have control of stationing and transferring the police force,
under such rules and regulations as the City Manager may prescribe. Before
entering upon the duties of his office, the Chief of Police shall take and subscribe
to the oath of office and shall give an official bond in the sum of one thousand
dollars, with sufficient surety to be approved by the Commission, and said oath and
bond shall be filed with the clerk thereof. All other officers, patrolmen, and
employees constituting the police force shall take and subscribe to the oath of office
which shall be duly filed and shall give bond to the City, if required by the City
Manager, and in an amount to be fixed by him. The Chief of Police, and all of the
officers, patrolmen, and employees constituting the police force, shall receive such
salary or compensation as may be fixed by the City Manager. The Chief of Police,
patrolmen, and all officers constituting the police force shall hold their office at the
will of the City Manager.
B. Pursuant to MCA S 7-32-4301, 1981, the members of the Police Department of the
city are authorized to make arrests of persons charged with crime within the city
limits of the city and within five miles thereof. (Prior code S 2.08.280)
2.40.030 Fire Force - Organization - Fire Chief Authority
A. The fire force of the city shall be composed of a Fire Chief and such other officers,
firemen, and employees as the City Manager may determine. The Fire Chief shall
have control of the stationing and transferring of all firemen and other employees
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and officers constituting the fire force, under such rules and regulations as the City
Manager may prescribe. Before entering upon the duties of his office, the fire chief
shall take and subscribe to the oath of office and shall give an official bond in the
sum of one thousand dollars, with sufficient surety to be approved by the
Commission, which shall be filed with the clerk thereof.
B. All other officers, paid firemen, and employees constituting the fire force shall take
and subscribe to the oath of office, which shall be duly filed, and shall give bond to
the City, if required by the City Manager, in an amount to be fixed by him. The Fire
Chief and all of the officers, firemen, and employees constituting the fire force shall
receive such salary or compensation as may be fixed by the City Manager. The
Fire Chief, firemen, and employees constituting the fire force shall hold their office
at the will of the City Manager. (Prior code S 2.08.290)
2.40.040 Application of Other Laws to Police and Fire Departments
The provisions of all of the laws of the state and of the ordinances of the city relating to Police
and Fire Departments shall be in force and shall govern the Police and Fire Departments of the
city, insofar as they are not inconsistent with Chapter 152 of the Acts of the Fifteenth Legislative
Assembly of the state and the provisions of this title. (Prior code S 2.08.310)
2.40.050 Enforcement Personnel for Building, Electrical, and Plumbing Codes
The City Manager shall have the power and authority to employ such assistants as he may
require in order to effectually enforce the provisions of the building, wiring, and plumbing codes
of the city. Such assistants as he may employ for such purposes shall receive such
compensation as the City Manager may determine and shall be employed for such length of time
and on such a basis as he shall determine necessary or advisable. (Prior code S 2.08.300)
2.40.060 Superceding State Law Inconsistent with Code
MCA ss 3-6-303, 7-4-4101, 7-32-4105, 7-32-4118, 7-32-4119, 37-60-304, 37-60-406, 39-3-
406,45-8-322, 45-8-325, 46-23-503, 46-23-504, 46-23-505, 52-2-211, 61-3-106,61-3-424,61-
12-401,61-12-402,7-33-4103,7-33-4104, 7-33-4123, 19-17-401,50-37-107,50-61-114,50-62-
101, 50-63-202, and 50-78-301, where inconsistent with Bozeman Municipal Code Section
2.40.010 are hereby superseded to the extent said sections require a Police or Fire Chief and
require the Fire Chief or Police Chief to perform any service or carry out any function instead of
the Director of Public Safety. The intent of this section is to place responsibility of any Fire Chief's
or Police Chief's duties, functions, or services required by state law with the Director of Public
Safety. (Ord. 1551 S 2, 2001)
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Sections:
2.44.010
2.44.020
2.44.030
Sections:
2.44.100
2.44.110
2.44.120
2.44.130
Chapter 2.44
DEPARTMENT OF PUBLIC SERVICE
Director Designated - Powers and Duties
Sewer Connection Requirements - Director Powers and Duties
Engineer and Other Department Personnel
Adoption of the Montana Public Works Standard Specifications
Adoption of City of Bozeman Modifications to the Montana Public Works
Standard Specifications
Adoption of the City of Bozeman Design Standards and Specifications
Policy
Amendments of the City Modifications to the M PWWS and City Design
Standards and Specifications Policy
2.44.010 Director of Public Services Designated - Powers and Duties
The Director of Public Service shall be the head of the Department of Public Service, and
shall work under the supervision and control of the City Manager in all matters. The director shall
discharge all of the duties prescribed by law for that officer, and as such shall manage and have
charge of the construction, improvement, repair, and maintenance of streets, sidewalks, alleys,
lanes, bridges, viaducts, and other public highways, and of all sewers and sewerage disposal
plants, drains, ditches, culverts, canals, streams, and watercourses. The director shall manage
and have charge of the waterworks system owned by the City, and improvements thereon, and
shall have charge of the enforcement of all obligations of privately owned or operated public
utilities enforceable by the City. The director shall have charge and supervision of the making
and preservation of all surveys, maps, plans, drawings, and estimates for public work and charge
of the cleaning, sprinkling, and lighting of streets and public places; and of the collection and
disposal of waste; and charge and supervision of the preservation of contracts, papers, plans,
tools, and appliances belonging to the City and pertaining to the Department of Public Service.
The director shall receive such salary as may be fixed by the City Manager. (Ord. 1643 S 4,2005;
Ord. 1537 S 15, 2001; prior code S 2.08.150)
2.44.020 Sewer Connection Requirements - Director Powers and Duties
The Director of Public Service shall have authority to compel the making of sewer
connections whenever, in view of a contemplated street improvement which has been ordered
by the Commission, or as a sanitary regulation, a sewer connection should, in the director's
judgment, be constructed. The director shall cause written notice requiring such construction to
be given to the owner of each lot or parcel of land for which such connection is to be made. Such
notice shall be served by the Director of Public Service or some person designated by the
director in the manner provided for the service of summons in civil actions. Nonresidents of the
city, or persons who cannot be found, may be served by one publication of such notice in a daily
newspaper of general circulation in the city. It shall state the time within which such connections
shall be constructed, and if they are not constructed within the time specified, they may be
constructed by the City and the cost thereof, together with a penalty of five percent, assessed
against the lots and lands for which such connections are made. Such assessments shall be
certified and collected as other assessments for street improvements. (Ord. 1537 S 16, 2001;
prior code S 2.08.160)
2.44.030 Engineer and Other Department Personnel
In the Department of Public Service there may be an Engineer, and there shall be such
officers and employees as the City Manager may determine, all of whom shall work under the
direction and supervision of the Director of Public Service. Before entering upon the duties of his
or her office, the Engineer shall take and subscribe to the oath of office and shall give an official
bond in the sum of at least one thousand dollars, with sufficient surety to be approved by the
Commission, and such oath and bond shall be filed with the clerk thereof, and all other officers
and employees in the Department of Public Service shall give a bond to the City if required by the
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City Manager, in an amount to be fixed by him. The Engineer and all of the officers and
employees in the Department of Public Service shall receive such salary or compensation as may
be fixed by the City Manager and shall hold office or be employed at the will of the City Manager,
and shall hold office or be employed at the will of the City Manager. (Ord. 1537 S 17, 2001; prior
code S 2.08.170)
2.44.100 Adoption of the Montana Public Works Standard Specifications
A. The current edition ofthe Montana Public Works Standard Specifications (M PWSS),
including all accompanying appendices, amendments and modifications adopted by
the Association of General Contractors, Montana Chapter of the American Public
Works Association, and the Civil Engineers Council of Montana, and as amended
from time to time, is adopted by reference and incorporated in this title as if fully set
forth herein, except as may be noted in this chapter, by future Administrative Order,
or by any regulations not applicable to local government jurisdictions.
B. One (1) copy of the MPWSS shall be kept on file in the office of the Clerk of
Commission of the City of Bozeman, one (1) copy shall be kept on file in the office
of the Director of Public Service of the City of Bozeman and one (1) copy shall be
kept on file in the office of the City Engineer of the City of Bozeman.
C. Any amendments or addendums adopted by the Association of General
Contractors, Montana Chapter of the American Public Works Association, and the
Civil Engineers Council of Montana which apply to local government jurisdictions,
including the adoption of the latest edition of MPWSS, shall become effective upon
execution of an Administrative Order of the City Manager unless a different effective
date is specified in the Administrative Order.
D. A copy of the amendment notification and the corresponding new edition will be kept
in the offices of the Clerk of Commission, the Director of Public Service, and the City
Engineer.
E. The Montana Public Works Standard Specifications as adopted above are
applicable within the City of Bozeman and to all projects in which falling under the
supervision and jurisdiction of the City of Bozeman's Engineering office. (Ord. 1611
S 1, 2004)
2.44.110 Adoption of City of Bozeman's Modifications to the Montana Public Works
Standard Specifications
A. The City of Bozeman's Modifications to the MPWWS (Modifications) as drafted by
the City Engineer are hereby adopted by reference and incorporated in this title as
if fully set forth herein, except as may be noted in this chapter, by future
administrative order, or by other amendment.
B. One (1) copy of the modifications shall be kept on file in the office of the Clerk of
Commission of the City of Bozeman, one (1) copy shall be kept on file in the office
of the Director of Public Service of the City of Bozeman, and one (1) copy shall be
kept on file in the office of the City Engineer of the City of Bozeman.
C. The Modifications, as adopted, are applicable within the City of Bozeman and to all
projects in which falling under the supervision and jurisdiction of the City of
Bozeman engineering office. (Ord. 1611 S 2,2004)
2.44.120 Adoption ofthe City of Bozeman Design Standards and Specifications Policy
A. The City of Bozeman Design Standards and Specifications Policy (Policy) as drafted
by the City Engineer is hereby adopted by reference and incorporated in this title as
if fully set forth herein, except as may be noted in this chapter, by future
administrative order, or by other amendment.
B. One (1) copy of the Policy shall be kept on file in the office of the Clerk of
Commission of the City of Bozeman, one (1) copy shall be kept on file in the office
of the Director of Public Service of the City of Bozeman and one (1) copy shall be
kept on file in the office of the City Engineer of the City of Bozeman.
C. The Policy, as adopted, is applicable within the City of Bozeman and to all projects
in which falling under the supervision and jurisdiction of the City of Bozeman's
engineering office. (Ord. 1611 S 3,2004)
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2.44.130 Amendment of the City Modifications to the MPWWS and City Design
Standards and Specifications Policy
A. Any amendments to the modifications and the policy shall first be drafted and
reviewed by the City Engineering Division, with comment from the public. These
amendments, when compiled and reviewed, shall be forwarded to the Director of
Public Service for review. The Director of Public Service shall forward the proposed
revisions to the City Manager for approval as appropriate.
B. The City Manager may approve the changes and adopt them by issuance of an
administrative order. The effective date of the changes shall be upon execution of
the administrative order unless the order specifies otherwise. The City Manager
may also decline to adopt the changes by administrative order. In the event the City
Manager declines to adopt the changes by administrative order, the Director of
Public Service shall be notified of this decision and the proposal may be submitted
through the ordinance amendment procedure.
C. A copy of the amendment notification, when approved, will be kept in the office of
the Clerk of Commission, the Director of Public Service, and the City Engineer. A
copy of the revised modifications or policy shall accompany this notification.
D. The Modifications and the Design Standards and Specifications Policy, as amended
are applicable within the City of Bozeman and to all projects in which falling under
the supervision and jurisdiction of the City of Bozeman's engineering office. (Ord.
1611 S 4,2004)
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Chapter 2.48
DEPARTMENT OF PUBLIC WELFARE
Sections:
2.48.010
2.48.020
2.48.030
Director Designated - Powers and Duties
Employment of Personnel
Public Band Concerts and Band Concert Fund
2.48.010 Director Designated - Powers and Duties
The Director of Public Welfare shall, be the head of the Department of Public Welfare and
the director thereof, and shall discharge all of the duties prescribed by law for that officer, and as
such shall manage all charitable, correctional, and reformatory institutions and agencies
belonging to the City, and the use of all recreational facilities of the city, including libraries, parks,
and playgrounds. The director shall have charge of the inspection and supervision of public
amusements and entertainments. The director shall enforce all laws, ordinances, and regulations
relative to the preservation and promotion of public health; the prevention and restriction of
disease; the prevention, abatement, and suppression of nuisances; and the sanitary inspection
and supervision of the production, transportation, storage, and sale of foodstuffs. The director
shall cause a complete and accurate system of vital statistics to be kept. In time of epidemic or
threatened epidemic, he may enforce such quarantine regulations as are appropriate to the
emergency. (Ord. 1537 S 18, 2001; prior code S 2.08.180)
2.48.020 Employment of Personnel
The City Manager, as head of the Department of Public Welfare, shall have power to employ
such assistants, laborers, and employees as may be necessary in that department, in order to
carry out and do the work of the department, in all cases where no provision has otherwise been
made therefor. (Prior code S 2.08.050)
2.48.030 Public Band Concerts and Band Concert Fund
The matter of providing for public band concerts in the city, and of the expenditures of the
band concert fund, shall be under the Department of Public Welfare and under the direct charge
and supervision of the City Manager. (Prior code S 2.08.260)
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Chapter 2.56
LIBRARY BOARD OF TRUSTEES
Sections:
2.56.010
Appointment - Composition and Organization - Powers and Duties
2.56.010 Appointment - Composition and Organization - Powers and Duties
A. The Board of Trustees of the Public Library of the city shall be under the
Department of Public Welfare. The board shall be composed of five persons and
shall be appointed by the Mayor, with the advice and consent of the Commission,
and shall serve without pay. The trustees shall hold their office for the term of five
years, and one trustee shall be appointed annually at the beginning of each fiscal
year for the term of five years, and until his/her successor is appointed and
qualifies. Trustees shall serve no more than two full terms in succession. The
powers and duties of the board shall be those prescribed by the laws of the state
and the ordinances of the city.
B. The trustees of the Library Board shall perfect their own organization and select
such officers for such board as they may deem advisable. The chairman and vice-
chairman of the board shall be one of their number. They shall have power to select
librarians and other employees as they may determine and fix the amount of any
bond which they may require to be given by the librarian and other employees.
They shall have power to receive books from all sources for the use and benefit of
the library and to purchase books thereforwith any money available forthat purpose
and power to prescribe all rules and regulations for the use of books and the
preservation of the same. The board shall keep a record of its transactions and
shall make a report to the City Commission at the close of each calendar year,
covering the business transacted by it during the year. (Ord. 1163, 1984; Ord. 1094
S 1, 1982; prior code S 2.08.200)
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Chapter 2.64
CITY-COUNTY PLANNING BOARD
Sections:
2.64.010
2.64.020
2.64.030
Established - Powers and Duties
State Law Adopted by Reference
Additional Member Appointed by City
2.64.010 Established - Powers and Duties
Pursuant to and under the provisions of Title 76 of the Montana Code Annotated, the City
Commission of the "City of Bozeman" does create and establish a joint City-County Planning
Board as provided in said title, and does by this chapter adopt all of the sections of the laws of
Montana aforementioned that specifically pertain to a joint City-County Planning Board, granting
and delegating to the City-County Planning Board all of the rights, privileges, powers, duties, and
responsibilities thereto appertaining. (Ord. 1291 S 1, 1989; prior code S 2.20.010)
2.64.020 State Law Adopted by Reference
The City Commission does adopt by this reference the language of the laws of Montana
aforementioned as they specifically pertain to a joint City-County Planning Board in this chapter
the same as if they were set out herein in full. (Ord. 1291 S 2, 1989; prior code S 2.20.020)
2.64.030 Additional Member Appointed by City
In addition to the membership specified in Section 76-1-201, Montana Code Annotated,
pursuant to the interlocal agreement between the City of Bozeman and Gallatin County dated
September 11, 1989, on file and of record both in the offices of the Clerk of the City Commission
and the Gallatin County Clerk and Recorder, so long as the City-County Planning Board is
designated to act as the City of Bozeman's zoning commission, the City shall appoint one
additional member to the City-County Planning Board who must reside within the city limits of
Bozeman, Montana. (Ord. 1291 S 3, 1989)
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Chapter 2.66
CITY PLANNING BOARD
Sections:
2.66.010
2.66.020
2.66.030
Established - Powers and Duties
Jurisdiction
Composition
2.66.010 Established - Powers and Duties
Pursuant to and under the provisions of Title 76, Montana Code Annotated, the City
Commission of the City does create and establish a City Planning Board to be known as the
"Bozeman Planning Board" as provided in said title, and does by this chapter adopt all of the
sections of the laws of Montana aforementioned that specifically pertain to a City Planning Board,
granting and delegating to the City Planning Board all of the rights, privileges, powers, duties, and
responsibilities thereto appertaining. (Ord. 1508 S 1 (part), 1999; Ord. 1494 S 1 (part), 1999)
2.66.020 Jurisdiction
The Bozeman Planning Board shall have such jurisdiction as provided by state law. (Ord.
1508 S 1 (part), 1999; Ord. 1494 S 1 (part), 1999)
2.66.030 Composition
The Bozeman Planning Board shall consist of nine members, appointed to two year terms,
as follows:
A. One member appointed by the City Commission from its own membership. The
term of the appointed member shall be coextensive with the term of office to which
he or she has been elected or appointed unless the Commission, on its first regular
meeting of each year, appoints another to serve as its representative, or unless the
appointee's Commission term is terminated;
B. Three members appointed by the City Commission, one of whom, at the
Commission's discretion, may be an employee of the City of Bozeman or hold public
office in Bozeman or Gallatin County. Initial terms of these members shall be for
one year, thereafter the appointments shall be for two year terms;
C. One member appointed by the Mayor, upon designation by the Gallatin County
Board of Commissioners, who may be a member of the Board of County
Commissioners or an office holder or employee of the county. This appointment
shall be coterminous with the term of the Mayor;
D. Four citizen members appointed by the Mayor, who shall be resident freeholders
within the city limits; and who shall be qualified by knowledge and experience in
matters pertaining to the development of the city. These appointments shall be
coterminous with the term of the Mayor. The Clerk of the City Commission shall
certify the members appointed by the City Commission. The certificates shall be
sent to, and become a part of the records of, the Bozeman Planning Board. The
Mayor shall make similar certification for the appointment of citizen members. (Oral.
1508 S 1 (part), 1999; Ord. 1494 S I (part), 1999)
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Chapter 2.72
CITY EMPLOYEES
Sections:
2.72.010
Residency Restrictions for City Employees
2.72.010 Residency Restrictions for City Employees
A. All employees of the city are required to maintain their residency within the city
limits, or within a twenty minute response time to their place of employment.
B. All employees desiring to live outside of the city limits shall:
1. Obtain written permission from his or her respective department head
and the City Manager;
2. Provide a personal one-party-line telephone connection to his or her
place of residency;
C. In establishing and verifying the twenty minute response time, the City Manager
shall have full discretion. (Ord. 1108 SS 1 - 3, 1982)
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Sections:
2.76.010
2.76.020
2.76.030
2.76.040
2.76.050
2.76.060
2.76.070
2.76.080
2.76.090
2.76.100
2.76.110
2.76.120
2.76.130
2.76.140
2.76.150
2.76.160
2.76.170
2.76.180
2.76.190
2.76.200
2.76.210
2.76.220
2.76.230
Chapter 2.76
CEMETERY
Authority
Cemetery Land
Cemetery Board - Composition - Organization - Power and Duties
Management - Enforcement Authority
Sale of Lots
Transfer of Lots
Record of Lots Sold
Special Cemetery Sections
Interment Permit Required
Disinterment
County Burial
Expenditures - Payment of Claims
Perpetual Care - Plan Generally
Perpetual Care - Fund Established - Maintenance Fee - Agreement and
Deposit Conditions
Perpetual Care - Form of Agreement
Perpetual Care - Fund Record Keeping and Reports
Interment Restrictions
Fences Prohibited
Malicious Mischief Prohibited
Entering at Night Prohibited
Speed Limit and Other Motor Vehicle Restrictions
Dogs Prohibited
Penalties for Violations
2.76.010 Authority
A. Pursuant to the provisions of Section 7-35-4101, M.C.A., the City has established
a municipal cemetery known as the "Sunset Hills Cemetery."
B. It is unlawful for any person, association, or corporation to bury or inter, or cause to
be buried or intered, the dead body of any person in any place in the city, or to
maintain a cemetery within the limits of the city, or within three miles of the limits of
the city, except as provided in this chapter. (Ord. 1200 (part), 1986)
2.76.020 Cemetery Land
Sunset Hills Cemetery shall be comprised of all those lots, blocks, and parcels of land
heretofore conveyed to the City for cemetery purposes, as recorded in the office of the Clerk and
Recorder of the County, together with such land hereafter conveyed and recorded for that
purpose. (Ord. 1200 (part), 1986)
2.76.030 Cemetery Board - Composition - Organization - Power and Duties
A. There is created a Cemetery Board consisting of five members to be appointed by
the City Commission for three year staggered terms. Should a vacancy occur on
the board, the City Commission shall appoint a new member to complete the term
of appointment so vacated. A majority of the board members shall be residents of
the city and shall serve without remuneration. Whenever practicable, one of the
members of the board shall be a representative of an active, recognized veterans
group.
B. The Cemetery Board, as herein created, shall serve as an advisory board to both
the City Commission and the city administration and, as such, shall be charged with
making such investigations and recommendations as requested or deemed
necessary for the operation of the cemetery and as required in this chapter.
C. The members of the Cemetery Board shall perfect their own organization and select
such officers for the board as they deem advisable. They shall cause to be kept
correct minutes of all proceedings of the board and the same shall be available for
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public review in the office of the Clerk of the Commission. (Ord. 1643 S 5, 2005; Ord.
1462 S 1, 1998; Ord. 1200 (part), 1986)
2.76.040 Management - Enforcement Authority
The management, maintenance, and control of the Sunset Hills Cemetery shall be under the
direct control and supervision of the City Manager or his designee. It shall be his duty to enforce
all rules, regulations, and ordinances promulgated by the Cemetery Board and adopted by the City
Commission for the administration of the cemetery. (Ord. 1643 S 6, 2005; Ord. 1200 (part), 1986)
2.76.050 Sale of Lots
A. All ground within the Sunset Hills Cemetery, as now created or hereinafter added to,
as platted or as hereinafter platted, shall be sold for burial purposes only, and such
sale shall be made subject to the rules and regulations promulgated by the Cemetery
Board and adopted by the City Commission. The Director of Finance, or his
designee, shall sell lots at the prices fixed by the City Commission, giving to the
purchaser a deed receipt therefor, showing the amount paid and a description of the
lots sold. Said deed form and sale price of the lots shall be as recommended by the
Cemetery Board and approved in resolution form by the City Commission. The
purchase price for the lot or lots and the maintenance fee for same, as required in
Section 2.76.130 of this chapter, are due and payable before a deed receipt can be
issued.
B. The purchaser may enter into a sale/purchase agreement with the City for a
cemetery lot or lots with the following stipulations:
1. The total purchase price shall be the same as in Subsection A above.
2. A down payment, in the amount of one-third, shall be paid at the time of
execution of the agreement.
3. The balance of the total purchase price shall be paid on, or before, one year
from date of execution of the agreement. An administrative charge of one
dollar per month shall be assessed, regardless of the amount due, until the
full purchase price has been paid.
4. Upon final payment, as per the agreement, a deed receipt shall be issued
by the Director of Finance in the same manner as provided for in
Subsection A above, but in no case shall the lot or lots be used for
purposes of interment until the full purchase price has been paid.
5. In the event that the purchaser fails to pay the balance within one year from
date of execution of the agreement, the purchaser shall lose the down
payment and forfeit all rights, title, and interest in and to said lot or lots and
the same shall revert to the City.
6. The above agreement may be revoked by the purchaser for good cause,
i.e., leaving the state, etc., upon notification to the Director of Finance of
same. The down payment shall be refunded, less the administrative
charge, as listed in subdivision 3 above. The sale/purchase agreement
shall be promulgated by the Director of Finance and approved by the City
Attorney. (Ord 1200 (part), 1986)
2.76.060 Transfer of Lots
No lot or lots sold by the Director of Finance shall be sold or transferred by the purchaser
to any person whomsoever except as follows:
A. Such lot or lots may be transferred to other members of the family upon receipt by
the Director of Finance a notarized letter from the owner requesting such transfer
and stating the reason therefor. Nothing herein shall prevent the interment of non-
family members at the request of the owner of the lot or lots.
B. Such lot or lots may be reconveyed to the City. The purchaser shall receive,
therefore, the price paid for the lot or lots in the first instance, less an administrative
charge as recommended by the Cemetery Board and approved by the City
Commission. Such reconveyance to the City shall be by quit claim deed.
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C. The owner of such lot or lots may trade same for another lot or lots of equal size. If
the current price of the deed and the maintenance fee (previously called permanent
care) is greater for the new lot or lots than that paid for the original lot or lots, the
owner shall pay the difference before the trade shall be completed. In addition, if no
permanent care fee had been paid on the original lot or lots, the current maintenance
fee shall be paid before the trade shall be completed. (Ord. 1200 (part), 1986)
2.76.070 Record of Lots Sold
The Director of Finance or designee shall keep a record of all lots sold and the deed receipt
therefor; the deed receipt shall be duly recorded in a book kept for that purpose. In addition, a
record of such sales shall also be made in the cemetery plat book. (Ord. 1200 (part), 1986)
2.76.080 Special Cemetery Sections
Certain sections of the Sunset Hills Cemetery have been set aside and are known as the
Veterans' Section, the Catholic Section, the 1.0.0.F. Section, and the Masonic Section. The sale
of such lots shall be in the same manner as provided in Section 2.76.050. Operation, care, and
maintenance of these sections shall be the same as provided in all other parts of the cemetery.
(Ord. 1491 S 1 (part), 1999; Ord. 1490 S 1 (part), 1999)
2.76.090 Interment Permit Required
No person, firm, association, or corporation shall inter, or assist in and about the interment
of the final placing of, the body of any human being within the cemetery unless an interment permit
has first been applied for, and been granted, authorizing such interment. Said interment permit
shall be issued by the Director of Finance and shall not be so issued until the fee (as set forth by
resolution of the City Commission) therefor has been paid. The interment permit shall only be
issued subject to a permit therefor obtained from the County Sanitarian's office and under such
rules and regulations as shall be prescribed by the Bureau of Records and Statistics of the State
Department of Health and Environmental Sciences. The City shall prepare all grave sites for
interment. The foregoing shall not preclude the Director of Finance from billing local mortuaries
on a monthly basis for such fees. (Ord. 1200 (part), 1986)
2.76.100 Disinterment
No person, firm, association, or corporation shall disinter, move, or remove any body from the
cemetery without first obtaining a permit therefor from the Director of Finance. The disinterment
permit shall only be issued subject to a permit therefor obtained from the County Sanitarian's office
and under such rules and regulations as shall be prescribed by the Bureau of Statistics of the
State Department of Health and Environmental Sciences.
If the original interment took place more than one week prior to the request for disinterment,
said request, showing reasonable cause, shall be in writing to the City Manager, or his designee,
and be accompanied with the appropriate fee.
In addition, if the original interment took place more than one week prior to the request for
disinterment, and the coffin is to be opened, the County Coroner or other disinterested official shall
be on hand to witness the disinterment. (Ord. 1200 (part), 1986)
2.76.110 County Burial
Lots in the Sunset Hills Cemetery shall be set aside and are so reserved for pauper dead.
All burials therein shall be made subject to the order of the Board of County Commissioners of this
county. In all cases of the burial of poor, the interment fee shall be charged to, and collected from,
the County. The interment fee shall be as agreed upon by the County Commissioners and the City
Commission.
Cadavers from the Montana State University Biology Department, Medical Science, and
WAMI Programs shall be interred in the same manner as county burials, the interment fee being
charged to, and collected from, Montana State University. (Ord. 1200 (part), 1986)
2.76.120
Expenditures - Payment of Claims
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The City Commission shall annually appropriate money for operation and maintenance of the
cemetery, and the Director of Finance shall pay all approved claims that are within the
appropriation. Claims for expenditures may be ordered and authorized by the Director of Public
Service or his designee. Upon the approval and allowance of said claims, so presented, the same
shall be paid from the all-purpose general fund. (Ord. 1200 (part), 1986 )
2.76.130 Perpetual Care - Plan Generally
The City shall provide forthe perpetual care of cemetery lots in the cemetery under such rules
and regulations promulgated by the Cemetery Board and approved by the City Commission. (Ord.
1200 (part), 1986)
2.76.140 Perpetual Care - Fund Established - Maintenance Fee - Agreement and
Deposit Conditions
A. The permanent care fund heretofore established is reestablished as the "Cemetery
Perpetual Care Trust Fund" and is herein referred to as the CPC. All monies
deposited in, or credited to, the CPC shall be held in trust by the City; and the same
shall be kept by the Director of Finance in a separate fund apart from all other funds
of the city.
B. For the purpose of providing funds for care and maintenance of the cemetery, both
now and in the future, there is established a maintenance fee, a percentage of which,
as adopted by resolution of the City Commission, shall be deposited into the CPC
trust fund. At the time of purchase of the lot or lots, the purchaser shall deposit the
maintenance fee as herein established and at the same time enter into an agreement
with the City for perpetual care of the lot or lots, which agreement shall be known as
the "Perpetual Care Agreement."
C. The CPC trust fund shall be invested and reinvested by the Director of Finance. The
City Commission may from time to time direct the investment of such funds. The
interest thereon, or earnings therefrom, shall be credited to the all-purpose general
fund for the sole purpose of defraying the cost of operating and maintaining the
cemetery. (Ord. 1200 (part), 1986)
2.76.150 Perpetual Care - Form of Agreement
The form of the perpetual care agreement shall be as determined by the Director of
Finance and approved by the City Attorney. (Ord. 1200 (part), 1986)
2.76.160 Perpetual Care - Fund Record Keeping and Reports
A. The Director of Finance shall prepare and keep a record of the perpetual care fund,
which record shall show:
1. The name of the person in whose name, or for whom the deposit is made,
and the amount thereof;
2. The character and amount of the securities in which the perpetual care fund
is invested;
3. Income from perpetual care fund investments.
B. An unaudited report shall be made by the Director of Finance in the month of August,
immediately following the close of the fiscal year, to the City Commission, or at such
times as the Cemetery Board or the City Commission may request. (Ord. 1200 (part),
1986)
2.76.170 Terms of Interment
A. Funerals may be conducted on Saturdays, Sundays, and holidays only when it is
impossible or impractical to conduct the funeral at another time. However, an
additional opening and closing fee shall be charged as established by City
Commission resolution.
B. Generally there shall be one interment per standard size (five foot by ten foot) lot.
If requested in advance, not more than two coffins may be interred in the standard
size lot. If requested in advance, and only if the coffin is interred first, a standard size
lot may be used to inter one additional infant or up to four ashes canisters. In all
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cases where more than one interment is to take place on a standard size lot, an
additional fee shall be charged as established by City Commission resolution. (Ord.
1200 (part), 1986)
2.76.180 Fences Prohibited
No lot or lots in the cemetery shall be marked or defined by any fence, coping, railing, hedge,
corner posts, or embankment, nor shall any lot be filled above the established surrounding grade.
(Ord. 1200 (part), 1986)
2.76.190 Malicious Mischief Prohibited
It is unlawful for any person to cut, injure, or remove any tree, shrub, or vegetation in the
cemetery (except authorized maintenance), or deface any tombstone or ornament in the cemetery,
or any building in, or fence surrounding, the cemetery. (Ord. 1200 (part), 1986)
2.76.200 Entering at Night Prohibited
It is unlawful for any person, without written permission of the Director of Public Service, to
enter the Sunset Hills Cemetery at any time from one-half hour after sunset to one-half hour before
sunrise. (Ord. 1200 (part) 1986)
2.76.210 Speed Limit and Other Motor Vehicle Restrictions
It is unlawful for any person to drive a motor vehicle, or any other vehicle, on any of the
roadways in the cemetery at other than fifteen miles per hour, so as not to damage roadways or
any of the lots, and in accordance with the rules and regulations of the Cemetery Board. Such
driver shall observe and be confined to the roadways as established. (Ord. 1200 (part), 1986)
2.76.220 Dogs Prohibited
It is unlawful for any person to release, cause, permit, or bring a dog into the Sunset Hills
Cemetery, unless prior approval is obtained from the Cemetery Superintendent or designee; and
the dog is part of a funeral procession or was owned by the deceased or the immediate family of
the deceased. The Cemetery Superintendent or designee may impose reasonable conditions
upon his or her approval. (Ord. 1432 S 1, 1996)
2.76.230 Penalties for Violations
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Every person convicted of a misdemeanor for a violation of any of the provisions of
this chapter shall be punished by a fine of not less than five dollars or more than five
hundred dollars with the following exceptions:
1. The minimum fine for violation of Sections 2.76.190,2.76.210, and 2.76.220
shall be one hundred dollars;
2. Violations of Section 2.76.190 shall be punishable by a fine not exceeding
five hundred dollars, or by imprisonment not exceeding six months, or both.
C. Upon conviction, the court costs shall be assessed against the violator. (Ord. 1432
S 2,1996)
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Chapter 2.78
BOZEMAN AREA BICYCLE ADVISORY BOARD
Sections:
2.78.010
2.78.020
2.78.030
2.78.040
2.78.050
Creation
Membership
Meetings
Duties and Responsibilities
Authority
2.78.010 Creation
The City Commission shall appoint a Bozeman Area Bicycle Advisory Board, hereinafter
referred to as the "board," and designate the board to act as the advisory board to the City
Commission on matters relating to enhanced bicycle circulation, community-wide bicycle education
and safety programs, and other matters relating to bicycling in the Bozeman area. (Ord. 1594 S
1, 2003)
2.78.020 Membership
A. The board shall consist of up to nine (9) members to be appointed by the City
Commission. Members of this board shall serve two (2) year staggered terms. Each
member may be reappointed without any limitation on the number of reappointments.
Vacancies shall be filled in the same manner as original appointments for the
balance of the term remaining.
B. Persons of legal age may be appointed to the board. A majority of the board shall
be residents of the city. Non-resident members of the board shall have some
interest in the city by virtue of working in the city, owning property in the city, or
entering the city frequently for any lawful purpose. In addition, the members should
be knowledgeable of bicycling and/or traffic safety in the Bozeman area.
C. The City shall pay only the expenses of the board which have been authorized by
vote of the City Commission prior to said expense being incurred. Members shall
serve without compensation for their time and services. (Ord. 1594 S 1, 2003)
2.78.030 Meetings
Meetings of the board shall be conducted in accordance with all applicable rules and
regulations of the City of Bozeman and the adopted bylaws of the board. (Ord. 1594 S 1, 2003)
2.78.040 Duties and Responsibilities
The board shall have the following duties and responsibilities:
A. The board shall provide advice and recommendations to the City Commission on
matters before the City Commission which may have an impact on bicycling, insofar
as it may relate to usage of public streets and other public ways by bicycles.
B. The board shall provide advice and recommendations to the City Commission
regarding bicycling issues pertaining to the Parks, Open Space and Trails Master
Plan, and the Bozeman Urban Area Transportation Plan.
C. The board may have such other duties and responsibilities as the City Commission
may, from time to time, direct. (Ord. 1594 S 1, 2003)
2.78.050 Authority
The actions of the board shall be advisory only and shall not constitute policy of the city and
shall not be binding upon the City Commission or upon the City. The City may adopt all or any part
of any recommendation of the board, with or without any changes made by the City Commission,
as city policy. (Ord. 1594 S 1, 2003)
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Sections:
2.80.010
2.80.020
2.80.030
2.80.040
2.80.050
2.80.060
2.80.070
2.80.080
2.80.090
Chapter 2.80
HISTORIC PRESERVATION ADVISORY BOARD
Purpose and Intent
Object
Scope
Definitions
Establishment and Quorum
Appointment and Term Vacancy
Staff
Meetings - Notice of Meetings
Powers and Duties
2.80.010 Purpose and Intent
The purpose and intent of this chapter is to provide for an appointed citizen board for the city
charged with establishing a local historic preservation program, integrating historic preservation
into local, state, and federal planning and decision-making processes; identifying, evaluating, and
protecting historic resources within Bozeman; and educating the general public about historic
preservation. (Ord. 1454 S 1, 1998; Ord. 1180 S 1, 1985)
2.80.020 Object
This chapter is designed as a measure to establish a local historic preservation program
designed to promote the preservation of historic and prehistoric sites, structures, objects,
buildings, and historic districts by addressing historic preservation issues at the local level and
integrating them into local, state, and federal planning and decision-making processes. The
historic preservation program will include the identification, evaluation, and protection of historic
resources within the city. (Ord. 1180 S 2, 1985)
2.80.030 Scope
The Historic Preservation Advisory Board shall serve in an advisory capacity to the City
Commission, City-County Planning Board, Zoning Commission, and other staff members or boards
seeking advice on historic preservation issues. (Ord. 1454 S 2, 1998; Ord. 1180 S 3, 1985)
2.80.040 Definitions
A. "City Commission" means the governing body of the City of Bozeman, State of
Montana.
B. "Historic Preservation Advisory Board" means the board created by this chapter and
appointed by the local government of the city which is responsible for creating and
administering an historic preservation program.
C. "Historic Preservation Officer" hereinafter called "Preservation Officer" means the
official appointed by the local government who is charged with the responsibility of
acting as staff to the Historic Preservation Advisory Board. (Ord. 1454 S 3, 1998;
Ord. 1180 S 4,1985)
2.80.050 Establishment and Quorum
In order to carry out the purpose of this chapter, an Historic Preservation Advisory Board is
created. All Historic Preservation Advisory Board members shall have a demonstrated interest,
competence, or knowledge in historic preservation. Information on the credentials of the Historic
Preservation Advisory Board members must be kept on file in the office of the Clerk of the City
Commission and available during regular office hours for inspection by the public. This Historic
Preservation Advisory Board shall consist of up to fifteen members, as follows:
A. At least three, but not more than four, members with professional expertise in the
disciplines of history, planning, archaeology, architecture, architectural history,
historic archaeology, or other historic preservation-related disciplines, such as
cultural geography or cultural anthropology, provided, however, that at least one
member shall be an architect holding Montana or NCARB registration. Retired
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professionals shall be given consideration equal to that of practicing professionals.
Residency within the city shall not be a prerequisite for membership as a professional
representative.
B. At least two, but not more than four, members shall be chosen from the finalized list
of National Historic Register historic districts in Bozeman, on file at the City-County
Planning Office. As new members are chosen to replace those whose terms have
expired, an effort should be made to ensure adequate distribution of representation
among the districts. A member may be chosen from a locally designated historic
district if strong interest exists among residents of a particular district.
C. One representative for the commercial neighborhood. This representative shall
operate a business or own property in the neighborhood described as Main Street
- the commercial area of downtown Bozeman.
D. At least four, but no more than six, members shall be at-large representatives.
Residency within the city shall not be a prerequisite for membership as an at-large
representative.
E. Quorum. A quorum shall be comprised of a minimum offifty percent of the members,
of which at least two shall be professional members. (Ord. 1454 S 4, 1998; Ord. 1296
S 1, 1989; Ord. 1252 S 1, 1987; Ord. 1180 S 5, 1985)
2.80.060 Appointment and Term Vacancy
A. All appointments to the Historic Preservation Advisory Board shall be made in
accordance with the procedures adopted by the City Commission for appointments
to all advisory commissions and boards.
B. Terms of office for the Historic Preservation Advisory Board members shall be
staggered and two years in duration.
C. Vacancies on the board should be filled by appointment in accordance with the
procedures adopted by the City Commission for appointments to all advisory
commissions and boards. (Ord. 1454 S 5, 1998; Ord. 1252 S 2, 1987; Ord. 1180 S
6, 1985)
2.80.070 Staff
A. The Preservation Officer for Bozeman shall act as staff to the Historic Preservation
Advisory Board. He will be appointed by the Historic Preservation Advisory Board
with the concurrence of the City Commission. In addition, he may be employed by
the appropriate city department.
B. The Preservation Officer must have a demonstrated interest, competence, or
knowledge in historic preservation.
C. Duties of the Preservation Officer include coordinating the local historic preservation
programs; helping in the development of local surveys, projects, and historic
preservation planning documents; advising and providing assistance to the local
Historic Preservation Advisory Board, government agencies, and the public; and
ensuring, to the extent practicable, that the duties and responsibilities delegated by
this chapter are carried out. (Ord. 1454 S 6, 1998; Ord. 1180 S 7, 1985)
2.80.080 Meetings - Notice of Meetings
A. The Historic Preservation Advisory Board shall conduct a minimum of one regularly
scheduled meeting each month, except that the chairperson may cancel any meeting
or schedule special meetings when such meetings are necessary to carry out the
provisions of this chapter. Regularly scheduled meetings shall be held at such place,
day, and hour as may from time to time be fixed by the board. Written notice of
special meetings shall be personally served on each member, or left at the member's
usual place of residence at least twenty-four hours before the time set for the
meeting.
B. Requirements for public notice of meetings of the Historic Preservation Advisory
Board shall be determined by the chairperson in consultation with the Bozeman City
Attorney. All meetings shall be open to the public in accordance with the Montana
State Open Meeting Law. Notice of the meetings should be calculated to reach all
interested and affected members of the community.
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C. The Historic Preservation Advisory Board shall establish its own bylaws, conforming
to the guidelines set forth in the "Certified Local Government Program in Montana"
and make all written or taped minutes, reports, and case decisions available to the
public. (Ord. 1454 S 7,1998; Ord. 1180 S 8,1985)
2.80.090 Powers and Duties
The Historic Preservation Advisory Board shall have the powers and duties to:
A. Maintain a system for the survey and inventory of historic and prehistoric properties.
The Historic Preservation Advisory Board shall maintain this inventory of identified
districts, sites, and/or structures within the city and make this information available
to the public;
B. Use the National Register of Historic Places criteria for designation of properties as
an historic district or site and shall apply these criteria for local designation of historic
and prehistoric properties;
C. Participate in the process of nominating to the National Register of Historic Places
according to the Montana State Regulations for Certified Local Governments,
Section VI, (B). This includes reviewing and commenting on any National Register
nominations on property within the city;
D. Review and comment on planning programs undertaken by the City, Zoning
Commission, City-County Planning Board, and state and federal agencies which
relate to historic resources such as land use, municipal improvements, housing, and
other public programs. This review and comment shall be scheduled within time lines
in place for whatever action being taken;
E. Consult with city, state, and federal agencies on all applications, environmental
assessments, environmental impact statements, and other similar documents
pertaining to historic districts, landmark sites, landmarks, or neighboring properties
within the city. Comments by the Historic Preservation Advisory Board shall be sent
to the State Historic Preservation Office;
F. Review the local zoning regulations for their applicability to the characteristics of the
proposed historic districts and make recommendations to the appropriate advisory
body or decision-making body concerning any changes or modifications to the zoning
regulations and zoning district boundaries;
G. Make recommendations to the Board of Adjustment or City Commission regarding
variance applications within any historic overlay zone;
H. Render advice and guidance, upon request of the property owner, as to the
restoration, alteration, decoration, landscaping, or maintenance of potentially historic
buildings or structures. The Historic Preservation Advisory Board may create
voluntary design guidelines which will be made available to the public for assistance
in preservation projects;
I. Participate in, promote, and conduct public information, educational, and interpretive
programs pertaining to historic preservation;
J. Review and process applications for tax abatement pursuant to the provisions of
Chapter 424 of the Laws of 1989 of the State of Montana as codified by Sections 15-
24-1601 et seq., Montana Code Annotated. (Ord. 1454 S 8, 1998; Ord. 1296 S 2,
1989; Ord. 1180 S 9, 1985)
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Chapter 2.84
BOZEMAN BEAUTIFICATION ADVISORY BOARD
Sections:
2.84.010
2.84.020
2.84.030
2.84.050
Creation
Membership - Meetings
Duties and Responsibilities
Board - Authority
2.84.010 Creation
The City Commission shall appoint a Bozeman Beautification Advisory Board, hereinafter
referred to as "board," and designate the board to act as the advisory board to the City
Commission on matters relating to beautification projects in the Bozeman area. (Ord. 1360 S 1
(part), 1993)
2.84.020 Membership - Meetings
A. The board shall consist of up to nine members to be appointed by the City
Commission. Members of this board shall serve three-year staggered terms. Each
member may be reappointed without any limitation on the number of reappointments.
Vacancies shall be filled in the same manner as original appointments for the
balance of the term remaining. In addition to the appointed membership, the City
Historic Preservation Officer shall serve as an ex officio, nonvoting member.
B. Persons of legal age may be appointed to the board. A majority of the board shall
be residents of the city. Nonresident members of the board shall have some interest
in the city by virtue of working in the city, owning property in the city, or entering the
city frequently for any lawful purpose.
C. The City shall pay only the expenses of the board which have been authorized by
vote of the City Commission prior to such expense being incurred. Members shall
serve without compensation for their time and services.
D. Meetings of the board shall be conducted in accordance with all applicable rules and
regulations of the City and the adopted bylaws of the board. (Ord. 1360 S 1 (part),
1993)
2.84.030 Duties and Responsibilities
The Board shall have the following duties and responsibilities:
A. To identify, investigate, and recommend community beautification projects and
programs to the City Commission, and to assist in their implementation once
approved;
B. In coordination with the appropriate city staff persons, to investigate and pursue
grants and other possible funding sources for beautification projects and forward
recommendations to City staff and the City Commission;
C. To advise the City Commission concerning actions related to the beautification of
City-owned properties and facilities;
D. The board may have such other duties and responsibilities as the City Commission,
from time to time, may direct. (Ord. 1360 S 1 (part), 1993)
2.84.040 Board - Authority
The actions of the board shall be advisory only and shall not constitute policy of the city and
shall not be binding upon the City Commission or upon the City. The City may adopt all or any part
of any recommendation of the board, with or without any changes made by the City Commission,
as city policy. (Ord. 1360 S 1 (part), 1993)
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Chapter 2.88
TAX INCREMENT FINANCING INDUSTRIAL DISTRICT BOARD
Sections:
2.88.010
2.88.020
2.88.030
2.88.040
2.88.050
2.88.060
Purpose and Intent
Definitions
Creation - Powers and Duties
Members - Appointment and Terms
Meetings - Election of Officers
Annual Reports
2.88.010 Purpose and Intent
The purpose and intent of this chapter is to provide for an advisory board of citizens of
Bozeman, Montana, to assist in the attraction and retention of secondary, value-adding industries
including warehousing, distribution and transportation industries, and manufacturing that uses
Montana timber, mineral, oil, gas, coal, and agricultural resources in the production of products
in the state of Montana. More specifically, this board of citizens will consult and advise the City
Commission regarding the Bozeman TIFID program. (Ord. 1337 S 1, 1991)
2.88.020 Definitions
The following words and phrases used in this chapter shall be defined as follows:
A. "Actual taxable value" means the taxable value of taxable property at any time, as
calculated from the assessment role last equalized.
B. "Base taxable value" means the actual taxable value of all taxable property within an
urban renewal area or industrial district prior to the effective date of a tax increment
financing provision. This value may be adjusted as provided in MCA ss 7-15-4287
or 7-15-4293.
C. "Incremental taxable value" means the amount, if any, by which the actual taxable
value at any time exceeds the base taxable value of all property within a tax
increment financing industrial district.
D. "Industrial district" or "tax increment financing industrial district" or "TIFID" means a
tax increment financing industrial district created pursuant to Ordinance No. 1336
and MCA S 7-15-4299.
E. "Industrial infrastructure development project" means a project undertaken within, or
for, an industrial district that consists of any or all of the activities authorized by MCA
S 7-15-4288.
F. "Tax increment" means the collections realized from extending the tax levies,
expressed in mills, of all taxing bodies in which the industrial district, or a part
thereof, is located against the incremental taxable value.
G. "Tax increment provision" means a provision for the segregation and application of
tax increments as authorized by MCA ss 7-15-4282 through 7-15-4292.
H. "Taxes" means all taxes levied by a taxing body against property on an ad valorem
basis. (Ord. 1337 S 2, 1991)
2.88.030 Creation - Powers and Duties
The Bozeman City Commission creates the Bozeman Tax Increment Financing Industrial
District (TIFID) Board and authorizes the TIFID Board to exercise any of the following industrial
district powers:
A. To undertake and carry out industrial infrastructure development projects as
approved by the City Commission;
B. To disseminate industrial development information;
C. To advise the Commission on the improving, clearing, or preparing for development
or redevelopment any real or personal property in the industrial district;
D. To effectuate industrial infrastructure development project plans;
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E. To assist in conducting appraisals, title searches, surveys, studies, and other
preliminary plans and work necessary to prepare for the undertaking of industrial
infrastructure development projects;
F. To assist in the negotiation for the acquisition of land;
G. To study the closing, vacating, planning, or replanning of streets, roads, sidewalks,
ways, railroad spurs, sewer lines, sewer treatment facilities, waterlines, waterways,
water treatment facilities, or other places and to make recommendations with respect
thereto;
H. To make recommendations concerning the allocation of tax increment financing
industrial district funds as appropriated by the Bozeman City Commission and as
provided for in MCA S 7-15-4288;
I. To perform such duties as the City Commission may direct so as to make the
necessary arrangements for the exercise of the powers and performance of duties
and responsibilities entrusted to the City Commission. (Ord. 1337 S 3, 1991)
2.88.040 Members - Appointment and Terms
A. All appointments to the TIFID Board will be made by the City Commission.
B. The TIFID Board shall consist of at least five, and not more than seven, members
with the initial terms as follows:
one member appointed at one year, one for two years, two for three
years, and the remainder for four years. Each appointment thereafter
shall be for four years.
C. Whenever possible, at least one board member will be selected from each of the
following disciplines:
real estate, economic development, commercial lending, and civil or
environmental engineering. The remaining position(s) shall be at-large.
D. Each board member shall hold office until his or her successor has been appointed
and has qualified.
E. A board member shall receive no compensation for his or her services, but shall be
entitled to previously authorized expenses, including travelling expenses, incurred
in the discharge of his or her duties.
F. Any persons may be appointed as board members if they are residents of, property
owners within, or gainfully employed by a business or firm located within the city.
G. A board member may be removed for inefficiency, neglect of duty, or misconduct in
office.
H. A majority of members must reside or own real property within the city. (Ord. 1339
S 1,1991; Ord. 1337 S 4,1991)
2.88.050 Meeting - Elections of Officers
A. The TIFID Board shall hold meetings as it deems necessary to execute its powers
and duties as provided for in Section 2.88.030 and Chapter 3.20.
B. The TI FI D Board shall adopt bylaws enabling it to elect officers, set officer terms and
establish regular meeting times. (Ord. 1337 S 5, 1991)
2.88.060 Annual Reports
The TIFID board shall file with the City Commission, on or before March 31st of each year,
a report of its activities for the preceding calendar year. (Ord. 1337 S 6, 1991)
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Chapter 2.92
BOZEMAN TREE ADVISORY BOARD (BTAB)
Sections:
2.92.010
2.92.020
2.92.030
2.92.040
2.92.050
2.92.060
Purpose
Definitions
Creation
Membership
Meetings
Annual Reports
2.92.010 Purpose
The purpose and intent of this chapter is to provide for an advisory board of citizens of
Bozeman, Montana, to assist or advise in the promotion of urban forestry; the education of the
general public toward the value, benefits, and necessity of urban trees; the promotion of, and use
of, professionally recognized arboricultural practices; the recommendation of programs and
policies dealing with planting, maintenance, and removal of trees, shrubs and other plants, and
other tree related matters; and the development and periodic review of the master street tree plan.
(Ord. 1364 S 1 (part), 1993)
2.92.020 Definitions
For the purpose of this chapter, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the singular
include the plural. The word "shall" is mandatory and not merely directory. "Public way" means
all City property deeded or recorded as streets, roads, boulevards, alleys, sidewalks, and parking
strips. "Public area" means Sunset Hills Cemetery, public ways, city parks, and all other lands
owned, leased, managed, or occupied by the city. (Ord. 1364 S 1 (part), 1993)
2.92.030 Creation
The Bozeman City Commission creates the Bozeman Tree Advisory Board, hereinafter
referred to as "BTAB." BTAB shall act as an advisory board to the City Commission. BTAB shall
have the following duties and responsibilities:
A. Give guidance and advice to the City in determining the needs of the city's tree
program;
B. Conduct street tree inquests pursuant to Chapter 12.30;
C. Consider and recommend for adoption, to the City Commission, an arboricultural
specifications manual and revisions as necessary;
D. Assist in the selection of applicants for cost-share tree planting and tree transplanting
from the city nursery for use in the public way only;
E. Make recommendations as to the type and kind of trees to be planted upon the city
streets and public areas;
F. Assist in conducting appraisals, title searches, surveys, studies and other preliminary
plans, and work necessary to prepare for the establishment of the master street tree
plan, and recommend an urban forestry plan and the master street tree plan to the
City Commission for its acceptance;
G. Study the closing, vacating, planning, or replanning of public ways, streets, roads,
sidewalks, railroad spurs, and sewer lines, and make recommendations with respect
to urban forestry;
H. Periodically review master street tree plan and recommend changes to the City
Commission;
I. Work with other appropriate boards to update the City of Bozeman street tree and
park tree inventory;
J. Perform such duties and responsibilities as the City Commission from time to time
may direct. (Ord. 1364 S 1 (part), 1993)
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2.92.040 Membership
A. BT AB shall consist of five voting members, to be appointed by the City Commission.
Members shall serve two years each, provided that the members initially appointed
shall be appointed two for one year and three for two years so they will serve
staggered terms.
B. Whenever possible, two of the members shall be from the following disciplines:
real estate, commercial lending, civil or environmental engineering, or
landscape architecture or construction.
C. Each member shall hold office until the member's successor has been appointed and
has qualified, except as provided in Subsection F of this section.
D. A member shall receive no compensation for the member's services, but shall be
entitled to previously authorized expenses, including traveling expenses, incurred in
the discharge of the member's duties.
E. Members shall be residents of the city, own property within the city, or be gainfully
employed within the city.
F. A member will be removed for inefficiency, neglect of duty, misconduct in office, or
three unauthorized absences from regularly scheduled board meetings.
G. The City Manager, or a designee, shall be an ex officio, nonvoting member of the
board. The City Manager or designee shall keep the board informed as to city
policies and city budget affecting BT AB and make available to them any information
which the City Manager or designee deems pertinent. (Ord. 1364 S 1 (part), 1993)
2.92.050 Meetings
A. BT AB shall hold meetings as it deems necessary to execute its duties and
responsibilities, but not less often than quarterly.
B. Meetings shall be conducted in accordance with all applicable rules and regulations
of the City of Bozeman and the adopted and approved bylaws of BT AB. (Ord. 1364
S 1 (part), 1993)
2.92.060 Annual Reports
BT AB shall file with the City Commission, on or before March 31 st of each year, a report of its
activities for the preceding calendar year. (Ord. 1364 S 1 (part), 1993)
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Chapter 2.96
BOZEMAN SENIOR CITIZENS' ADVISORY BOARD
Sections:
2.96.010
2.96.020
2.96.030
2.96.040
Creation
Membership - Meetings
Duties and Responsibilities
Bozeman Senior Citizens' Advisory Board - Authority
2.96.010 Creation
The City Commission of the City of Bozeman shall appoint a Bozeman Senior Citizens'
Advisory Board and designate the Bozeman Senior Citizens' Advisory Board to act as the advisory
board to the City Commission on matters relating to senior citizen issues and on matters relating
to the operation and management of the Bozeman Senior Citizen Center building and grounds
located at 807 North Tracy Avenue, Bozeman, Montana. (Ord. 1521 S I (part), 2000)
2.96.020 Membership - Meetings
A. The Bozeman Senior Citizens' Advisory Board shall consist of five members,
appointed by the City Commission. Members shall not hold voting positions
concurrently on the Bozeman Senior Citizens' Advisory Board and on any of the
following:
the Bozeman Senior Center Board of Directors, or the board of any
other agency housed within the Bozeman Senior Citizen Center.
Unless prohibited by the bylaws, each member may be reappointed
without limitation on the number of reappointments. Members of the
Bozeman Senior Citizens' Advisory Board shall serve two-year
staggered terms. Vacancies shall be filled in the same manner as
original appointments for the balance of the term remaining.
B. In addition to the voting members, one individual and one alternate from the
Bozeman Senior Center Board of Directors may be appointed to serve as a liaison
to the Bozeman Senior Citizens' Advisory Board. Additionally, one individual and one
alternate may be appointed to serve as a liaison representing the interests of all
other agencies which have as their place of business the Bozeman Senior Citizen
Center. All liaisons will be advisory only and, therefore, will not be allowed to vote
on the Bozeman Senior Citizens' Advisory Board.
C. Upon request by any agency which has as its place of business the Bozeman Senior
Citizen Center including, but not limited to, the Bozeman Senior Center Board of
Directors, the Bozeman Senior Citizens' Advisory Board may appoint one individual
to serve as an ex officio, nonvoting member to the requesting agency. However,
these individuals shall not be allowed to vote on any agency, board, or similar entity
while serving as a member of the Bozeman Senior Citizens' Advisory Board.
D. A minimum of four members shall reside within the city limits of Bozeman.
Nonresident members of the Bozeman Senior Citizens' Advisory Board shall have
some interest in the city by virtue of working in the city, owning property in the city,
or entering the city frequently for any lawful purpose.
E. The City shall pay only the expenses of the Bozeman Senior Citizens' Advisory
Board which have been authorized by vote of the City Commission prior to said
expense being incurred. Members shall serve without compensation for their time
and services.
F. Meetings of the Bozeman Senior Citizens' Advisory Board shall be conducted in
accordance with all applicable rules and regulations of the city and the adopted
bylaws of the board. (Ord. 1521 S I (part), 2000)
2.96.030 Duties and Responsibilities
The Bozeman Senior Citizens' Advisory Board shall have the following duties and
responsibilities:
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A. Senior citizen issues. The Bozeman Senior Citizens' Advisory Board shall make
recommendations concerning all pertinent issues regarding the health, welfare, and
quality of life for all senior citizens in the Bozeman area. In order to do this, the
Bozeman Senior Citizens' Advisory Board must work closely with all other agencies
located in Gallatin County whose primary concern is senior citizen issues. The
Bozeman Senior Citizens' Advisory Board will make presentations to the
Commission, the City Manager, or his designee, regarding these issues and their
recommendations, if any, regarding these issues.
B. Bozeman Senior Citizen Center building and grounds. The Bozeman Senior Citizens'
Advisory Board shall have the responsibility to review and analyze the operation and
management of the Bozeman Senior Citizen Center building and grounds located at
807 North Tracy Avenue, Bozeman, Montana, specifically:
1. The Bozeman Senior Citizens' Advisory Board shall make recommendations
to the City Manager, or his designee, concerning the needs of the Bozeman
Senior Citizen Center building and grounds, including but not limited to, the
use, management, operations, and rules of the Bozeman Senior Citizen
Center building and grounds. These recommendations shall include, but
are not limited to, any proposed or needed renovations or maintenance
issues, with the building and the grounds, rental charges, and fees for the
use of the building and the grounds.
2. Any dispute concerning the use or operation of the Bozeman Senior Citizen
Center building and grounds may be appealed to the City Manager for final
decision.
3. The Bozeman Senior Citizens' Advisory Board, with the assistance of the
Bozeman Senior Citizen Center building and grounds director and the City
Manager, or his designees, shall prepare an annual budget request for
operation of the Bozeman Senior Citizen Center building and grounds to be
submitted to the City Manager not later than March 15th of each year. (Ord.
1521 S 1 (part), 2000)
2.96.040 Bozeman Senior Citizens' Advisory Board - Authority
The actions of the Bozeman Senior Citizens' Advisory Board shall be advisory only and shall
not constitute policy of the city and shall not be binding upon the City Commission or upon the City.
The City may adopt all, or any part of, any recommendation of the Bozeman Senior Citizens'
Advisory Board, with or without any changes by the City Commission, as city policy. (Ord. 1521
S 1 (part), 2000)
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Sections:
2.98.010
2.98.020
2.98.030
2.98.040
2.98.050
2.98.060
2.98.070
2.98.080
2.98.090
2.98.100
2.98.110
Chapter 2.98
QUALITY JOBS AND LIVING WAGE
Title and Purpose
Definitions
Living Wage for City Employees
Living Wage for Employees of Recipient of Financial Assistance
Proof of Wages and Benefits and Other Requirements
Collective Bargaining Exemption
Cuts and Non-wage Benefits Prohibited
Non-impairment of Existing Contracts
Variance
Retaliation and Discrimination Barred
Biennial Review
2.98.010 Title and Purpose
This ordinance shall be known as the "City of Bozeman Quality Jobs and Living Wage
Ordinance." The purpose of this ordinance is to prescribe a living wage for city employees and
to prescribe that businesses receiving certain financial assistance from the City pay employees
a minimum level of compensation. (Ord. 1554 S 1, 2001)
2.98.020 Definitions
As used in this chapter, the following terms shall have the meanings:
A. "City" means the City of Bozeman and all its agencies, departments, and offices.
B. "Covered regular employee" shall mean any employee regularly employed for twenty
(20) or more hours perweek by the City or by a recipient offinancial assistance from
the City. Covered regular employee does not include part-time, seasonal, temporary,
short-term, or probationary employees, or an employee who is also an owner under
a Chapter S or C corporation.
C. "Financial assistance" means financial support from the City of Bozeman for any of
the following city programs:
1. Community Development Block Grant Economic Development Revolving
Loan Fund (CDBG Revolving Loan); and
2. Tax Incentive Program for New Industry or Expanding Industry Under
M.C.A. s15-24-1401, et.seq. (Tax abatement).
D. "Health benefits" means an offer by the recipient or City to its employees to pay at
least $1.00 per hour towards the provision of health care benefits for employees or
for employees and their dependents. The health benefits described herein shall be
increased by an amount equal to the increase in the Consumer Price Index (CPI-U)
for the Western Region for expenditure category medical care for the twelve month
period ending in the previous November.
E. "Living wage" means a wage calculated on an hourly basis equal to $8.50 with health
benefits or $9.50 without health benefits paid to a covered regular employee; a wage
calculated on an hourly basis equal to $8.07 with health or without health benefits
paid to a probationary employee; a wage calculated on an hourly basis equal to
$8.0618 with health benefits or without health benefits paid to a seasonal employee;
a wage calculated on an hourly basis equal to $ 7.4933 with health benefits or
without health benefits paid to a temporary employee; and a wage calculated on an
hourly basis equal to $7.4933 with health benefits or without health benefits paid to
a short-term employee. Beginning on or after January 1, 2004, the living wage
described herein shall be increased at the beginning of the fiscal year of the city or
recipient, or annually, each year thereafter by an amount equal to the change in the
most recent Consumer Price Index, Class "B" and "C" for the Western Region.
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F. "Part-time employee" means an employee regularly employed for less than twenty
(20) hours perweek by the City or by a recipient offinancial assistance from the City.
Part-time employee does not include seasonal, temporary, short-term, or
probationary employees.
G. "Probationary employee" means a current regular employee designated as
probationary and one who has not been employed for a period of more than six (6)
months from the most recent date of hire. Neither this definition nor payment of
probationary employees a living wage is intended to establish a shorter probationary
period than established by the City or recipient receiving financial assistance from
the City nor intended to preclude the extension of a probationary period by the City
or recipient receiving financial assistance from the City.
H. "Recipient" means any person, entity, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, governmental entity, or
organization.
I. "Seasonal employee" means a regular employee who is designated as seasonal,
who performs duties interrupted by the seasons, and who may be recalled without
the loss of rights or benefits accrued during the preceding season.
J. "Short-term worker" means a person who:
1. Is hired by an agency for an hourly wage established by the agency;
2. May not work for the agency more than 90 days in a continuous 12-month
period;
3. Is not eligible for regular status;
4. May not be hired into another position by the agency without a competitive
selection process; and
5. Is not eligible to earn the leave and holiday benefits or group insurance
benefits.
K. "Temporary employee" means an employee who:
1. Is designated as a temporary employee for a definite period of time not to
exceed twelve (12) months;
2. Performs temporary duties or regular duties on a temporary basis;
3. Is not eligible for regular status;
4. Is terminated at the end of the employment period; and
5. Is not eligible to become a regular employee without a competitive selection
process. (Ord. 1554 S 1, 2001)
2.98.030 Living Wage for City Employees
On and after July 1, 2002, the City shall pay to employees a living wage, except as provided
by Section 2.96.060 and except for any employee that is a member of a bargaining unit that has
not negotiated a new collective bargaining agreement since the effective date of this ordinance.
(Ord. 1554 S 1, 2001)
2.98.040 Living Wage for Employees of Recipient of Financial Assistance
On and after July 1, 2002, any recipient receiving financial assistance the Tax Abatement
Program shall pay its employees a living wage. On or after July 1, 2002, any recipient receiving
financial assistance under the CDBG Revolving Loan program with less than 15 employees shall
pay its employees a living wage within three (3) years of receiving financial assistance. On or after
July 1, 2002, any recipient receiving financial assistance under the CDBG Revolving Loan
program with 15 or more employees shall pay its covered employees a living wage. This section
applies only to recipients that make application and receive financial assistance after the effective
date of this ordinance. It does not apply to recipients receiving financial assistance on or before
the effective date of this ordinance. (Ord. 1554 S 1, 2001)
2.98.050 Proof of Wages and Benefits and Other Requirements
A. Each recipient of financial assistance shall keep full and accurate payroll and
benefits records for each covered employee. The City may demand and examine,
and it shall be the duty of every recipient, and agent thereof, to keep and furnish to
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the City copies of payroll and benefits records which relate to wages paid to
employees by recipients receiving financial assistance from the City. Annually or
upon request by the City, the recipient receiving financial assistance shall provide
proof of wages and benefits for employees for the period for which assistance is
being provided or five (5) years, whichever is longer.
B. Recipients offinancial assistance shall execute an agreement with the City providing
for the payment of living wages as provided in Section 2.96.040 to employees. The
agreement shall contain a notice in substantially the following form:
"The recipient agrees to pay all workers employed by the recipient in
the performance of this loan [or grant], a living wage as provided by
Chapter 2.96 of the Bozeman Municipal Code. The recipient agrees to
make available for City inspection the recipient's payroll records
relating to employees providing services under this loan [or grant]. If
any payroll records of recipient contain any false, misleading, or
fraudulent information, or if the recipient fails to comply with any of the
provisions of Bozeman Municipal Code, Chapter 2.96, the City may
withhold payments on the agreement, terminate, cancel, or suspend the
agreement in whole, or in part."
C. Failure to pay employees in accordance with this chapter will constitute a breach of
the agreement described in Subsection B above and entitles the City to immediate
and full repayment of any financial assistance provided to the recipient of financial
assistance or other remedies acceptable to the City.
D. Every recipient of financial assistance shall post a notice of the current living wage
posted at the site of the work in a permanent place where it can be easily seen and
read by the persons employed. The notice shall also provide information of the
means the reader may use to file a complaint of violation. In addition, copies of the
current living wage requirement shall be supplied to any person employed at the
request of such person and within a reasonable period of time after the request.
E. An employee may file a complaint alleging a recipient's violation of this section. All
complaints shall be filed with the Director of Administrative Services for the City of
Bozeman. The Director of Administrative Services shall investigate the complaint
and present his or her findings to the City Commission.
F. At the time of application, recipients receiving financial assistance from the City will
be advised that they can apply for a variance in accordance with Section 2.96.090.
(Ord. 1554 S 1, 2001)
2.98.060 Collective Bargaining Exemption
Except for recipients covered under Section 2.96.040, all the provisions of this chapter, or any
part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver
is expressly set forth in such an agreement in clear and unambiguous terms. (Ord. 1554 S 1,2001)
2.98.070 Cuts and Non-wage Benefits Prohibited
No recipient of financial assistance will fund wage increases required by this ordinance, or
otherwise respond to the provisions of this chapter, by reducing the health benefits, insurance,
pension, vacation, or other non-wage benefits of any its employees. (Ord. 1554 S 1, 2001)
2.98.080 Non-impairment of Existing Contracts
Nothing contained herein shall operate to impair any existing contracts, except that the
renewal, amendment or modification of such contracts occurring on or after the effective date of
this ordinance shall be subject to this chapter. (Ord. 1554 S 1, 2001)
2.98.090 Variance
The City Commission, in its sole discretion, may grant a variance from this chapter if:
A. A recipient of financial assistance submits a plan to comply with this chapter for
ninety percent (90%) of employees upon receiving city financial assistance, for ninety
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five percent (95%) of employees within one (1) year, and for all employees within two
(2) years of receiving financial assistance; or
B. The City Commission determines that it would be in the public interest after a
hearing that the recipient of financial assistance should be granted a variance or a
conditional variance from this chapter. (Ord. 1554 S 1, 2001)
2.98.100 Retaliation and Discrimination Barred
A recipient offinancial assistance from the City shall not discharge, reduce the compensation,
or otherwise discriminate against any employee, any employee making a complaint or otherwise
asserting his or her rights under this chapter, or any employee participating in any investigation
or proceedings. (Ord. 1554 S 1, 2001)
2.98.110 Biennial Review
During the month of July 2004 and then every two years thereafter, the Commission shall
review this chapter to determine whether any modifications to this chapter are necessary or
whether this chapter should be repealed. Failure to review this chapter does not affect this
chapter nor the requirement to pay a living wage. (Ord. 1554 S 1, 2001)
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