HomeMy WebLinkAbout24- Ordinances 2166 - Prohibiting the Trapping or Snaring of Furbearing Animals, Predatory Animals, or Nongame Species on City Owned Land inOrdinance 2166
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ORDINANCE 2166
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROHIBITING THE TRAPPING OR SNARING OF FURBEARING
ANIMALS, PREDATORY ANIMALS, OR NONGAME SPECIES ON CITY OWNED
LAND IN THE BOZEMAN CREEK WATERSHED.
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, the City owns land in the Bozeman Creek (Sourdough) Watershed south of
the main public trailhead which the primary purpose of said lands is to provide for a safe and
reliable potable water supply for the City; and
WHEREAS, the City allows the public to use its lands in the Bozeman Creek Watershed
south of the main public trailhead for recreational purposes including hiking, hunting, fishing,
Nordic skiing, and wildlife viewing; and
WHEREAS, as the population of Gallatin County grows, the public’s use of the Bozeman
Creek Watershed for recreation has increased over time and the Commission desires to protect
public safety and reduce conflicts between recreational uses and the trapping or snaring of
furbearing animals, predatory animals, or nongame species; and
WHEREAS, the Commission determines the City owned lands in the Bozeman Creek
Watershed while open to the public by consent of the City are private lands for purposes of 87-6-
601(2), MCA.
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Ordinance 2166
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Trapping and Snaring on City Lands in the Bozeman Creek Watershed Prohibited.
Trapping or snaring of furbearing animals, predatory animals, and nongame species is prohibited
on all City owned land in the Bozeman Creek Watershed south of the main trailhead located on
Sourdough Canyon Road as shown on Attachment A to this Ordinance. The city manager may
grant exceptions to this prohibition.
The city manager must take reasonable efforts to inform the public and the Montana Department
of Fish, Wildlife and Parks of this Ordinance Montana Fish, Wildlife, and Parks and law
enforcement officers having jurisdiction to enforce 87-6-601, MCA, may consider this Ordinance
as a denial of permission by the City to trap or snare on lands identified in this Ordinance except
as may specifically be authorized by the city manager.
Section 2
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 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
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Ordinance 2166
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Section 4
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 5
Codification.
Section 1 of this Ordinance shall not be codified but shall be kept by the City Clerk and
entered into a disposition list in numerical order with all other ordinances of the City.
Section 6
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2166
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the __ day of _______, 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session therefor held on the __ day of
_________ 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
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September
24th
September
10th
EXHIBIT A ORDINANCE 2166
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