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HomeMy WebLinkAbout21- Ordinance 2058 Amending Chapter 34.02 BMC to Update Bonding Page 1 of 7 ORDINANCE 2058 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 34.02 OF THE BOZEMAN MUNICIPAL CODE TO UPDATE BONDING AND PERMITTING REQUIREMENTS FOR WORK ON PUBLIC STREETS, ESTABLISHING LANE/SHOULDER/PATH CLOSURE MITIGATION FEES, ESTABLISHING SPECIFIC PENALTIES, AND UPDATING OF LANGUAGE WITHIN THE CHAPTER. WHEREAS, on March 17, 2003, the City Commission of the City of Bozeman adopted Ordinance 1591, the most recent update to Chapter 34.02 of the Bozeman Municipal Code; and WHEREAS, with the passage of time, changing operational conditions for City streets, alleys, sidewalks, trails, and paths have been realized due to the increased population of Bozeman as well as demands placed on the same due to rapid growth and development within the City; and WHEREAS, public safety concerns associated with the obstruction of streets, alleys, sidewalks, trails, and paths due to private construction activities that are unpermitted by the City or do not otherwise comply with City-issued permit conditions, have become more prevalent; and WHEREAS, public safety and street maintenance concerns associated with the obstruction of streets, alleys, sidewalks, trails, and paths due to commercial snow plowing operations depositing snow from private properties onto public rights of way have also become more prevalent; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 2 of 7 Section 1 That Chapter 34, Article 2, Bozeman Municipal Code, shall be amended as follows and any sections within not amended herein shall remain in effect: ARTICLE 2. - STREET MAINTENANCE Sec. 34.02.010. - Street names to be as shown on official map. The several streets, avenues, alleys and public places and extensions of the same in the city shall hereafter be known and designated by the name applied thereto respectively on the maps and plats of the city, and additions, filed in the offices of the city clerk and the county clerk and county recorder. Sec. 34.02.020. - Streets and public places to be kept clear of obstructions and debris. Except as otherwise provided by this Codecode, streets, avenues, alleys and public places of the city, including sidewalks, trails, and paths, shall at all times be kept free, clear and clean of all obstructions, debris, encumbrances and encroachments which hamper or interfere with the free and safe use thereof by the public. Sec. 34.02.030. - Work in streets; permit required; interfering with authorized work prohibited. A. No person shall impede, obstruct, or tear up any pavement, sidewalk, or crosswalk, trail, or path, or any part thereof; dig any hole, shaft, ditch or drain; or dig or remove any sod, earth, stones, sand or gravel from any street, avenue, alley, trail, path, andor public place without first having obtained a permit from the director of public works; or hinder or obstruct the making or repairing of any public improvement or work ordered or done by, or under the authority of the city. B. Permits for excavations in paved streets, or alleys, trails, or paths shall be subject to an application fee and a pavement degradation fee as established by resolution. Newly constructed streets, reconstructed streets, or streets that have been repaved shall be considered protected streets for a period of five years following construction. Permits for excavations in protected streets shall be subject to an additional pavement degradation surcharge as established by resolution. C. All applicants requesting permits to excavate in any public right-of-way shall either file or have on file with the director of public works a street opening performance and maintenance bond prior to conducting any work in the public right-of-way. The company writing the bonds shall be licensed to do business in the state. D. All applicants requesting permits to excavate in any public right-of-way shall either file or have on file with the director of public works proof of general liability insurance coverage in DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 3 of 7 an amount and of a quality acceptable to the city, prior to conducting any work in the public right-of-way. The insurance company shall be licensed to do business in the state. E. The city manager may establish the amount of bonding and insurance coverages required shall be as established by resolutionadministrative order. F. Pavement degradation fees or surcharges shall not be required for emergency utility repair work; installation of new fire sprinkler service lines required by the city fire marshal, if no alternate connection point is available; or for infrastructure improvement work being done under the city's capital improvements program. G. Pavement degradation fees shall be deposited into the street maintenance fund; permit application fees shall be deposited in the public works administration fund. Sec. 34.02.040. - Obstructing or encumbering streets; permit required. A. No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever, without first having obtained permission in writing a street obstruction permit from the director of public works department. B. Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the public works director. Lane/shoulder/path mitigation fees will be charged on a square foot per day basis for travel and bike lanes, shoulders, and/or sidewalks encumbered by the permittee. Complete closures of streets will be assessed the aforementioned mitigation fees based on the area of the street from the point of closure to the nearest intersection(s) with an open public street. Sec. 34.02.050. - Structures in streets; permit required. No building or other structure, in whole or in part, shall be erected or placed upon any street, avenue, alley, trail, path, or public place within the city without permission in writing of the director of public works first had and obtained.having first been obtained. Sec. 34.02.060. - Obstructions; warning signals required. When permission shall have has been granted, as provided in this article, for the use of any portion of a street, avenue, trail, path, or public place of the city for any purpose whatsoever, the permittee shall cause warning devices, lights, and protection to be set in such number and location in and about said street, avenue, alley, trail, path or public place as will serve to, and give reasonable, proper and timely warning of danger or hazard to all persons lawfully using such street, avenue, alley, trail, path, or public place, or any part thereof, and shall take all other reasonably necessary precautions to prevent accidents injury to the public. The warning devices, lights, and protection shall be maintained between dusk and dawn of DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 4 of 7 each and every day the street, avenue, alley, trail, path, or public place is rendered hazardous or unsafe for usual and customary use. For permitted work that affects vehicle, bicycle, or pedestrian traffic, warning devices, lights, and protection shall meet current Manual on Uniform Traffic Control Devices requirements unless otherwise approved by the director of public works. Failure or omission to protect against accidents injury to the public, as in this section provided, shall forthwith work constitute a forfeiture of any permit which may have been granted with reference thereto. Sec. 34.02.070. - Removal of litter or obstructions; notice; work performed by city when; costs. The director of public works is authorized to order any article or thing whatsoever, including but not limited to accumulated snow and ice removed from an adjoining private premises, parking area, driveway, trail, path, or sidewalk, which encumbers, litters or obstructs any street, avenue, alley, trail, path, or other public place within the city, to be removed. If such removal is not made within six hours after notice to the owner or person in charge thereof to remove the same, or if the owner cannot be readily found for the purpose of such notice, the director of public works shallmay cause the same to be removed to some suitable place to be designated by the director,. If the director determines the unauthorized obstruction to be an imminent threat to public health, safety, and/or property, the director is authorized to immediately cause removal the same without notice. Regardless of notice provided, removal of any unauthorized obstruction shall be at the expense of the person, corporation or association responsible therefor, and under the pains and penalties as hereinafter provided for violations of this article. Sec. 34.02.080. - Removal of obstructions; time limit; interfering when work performed by city prohibited. Any building, fence, porch, steps, gallery or other obstruction now upon or hereafter placed or erected upon any street, avenue, alley, trail, path, or public place within the city, or which may be upon any new street, avenue, alley, trail, path, or public place which may hereafter be opened or created within the city, shall be removed therefrom within such reasonable time, not exceeding 30 days, and not less than three days after notice in writing has been given to the owner or person responsible for such obstruction shall be given by the director of public works; and if the owner or person responsible for such obstruction cannot be readily found for the purpose of such notice, it shall be the duty of the director of public works to cause the obstruction to be removed, in the director's discretion; and the expense of such removal shall be recoverable from the owner or person responsible for the obstruction in addition to the penalties herein provided; and every person who interferes with, resists or DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 5 of 7 obstructs by acts or threats, or in any other manner, the removal of such obstruction under the order or direction of the director of public works, is guilty of a violation of this article. Section 2 That a new section shall be added to Chapter 34, Article 2, Bozeman Municipal Code, to read as follows: Sec. 34.02.090. – Violations; penalties. The violation of any provision of this article by any person, association, company or corporation shall be subject to the penalties provided as follows: A. A first violation shall carry a penalty not to exceed two hundred fifty dollars, not including statutory assessments. B. A second violation within one year shall carry a penalty not to exceed five hundred dollars, not including statutory assessments. C. A third violation within a one-year period shall carry a penalty not to exceed five hundred dollars, be punishable by imprisonment in jail for a period not to exceed ninety days, or both such fine and imprisonment. D. In addition to any penalties assessed herein, permits duly issued pursuant to this article may be immediately revoked upon any violation of this chapter, as determined by the director of public works. Permittees under this chapter who have had a permit revoked more than two times in a six-month period shall be ineligible to apply for another permit for one year. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 6 of 7 Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Section 1 shall be codified as appropriate in Title 34 of the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 12th day of January, 2021. ______________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1 Page 7 of 7 FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th of January, 2021. ______________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: C9095450-292D-4AC9-8304-2B66B6F7BAF1