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HomeMy WebLinkAbout25- Ordinances 2025-09 - Amending BMC Chapter 22Version February 2023 Ord 2025-09 Page 1 of 5 ORDINANCE 2025-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 22.01.020, 22.01.030, 22.01.040, 22.01.100, 22.01.110, AND 22.01.120 OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE MUNICIPAL COURT. WHEREAS, pursuant to Sec. 4.05 of the City of Bozeman’s Charter, there shall be a municipal court as prescribed by state law; and WHEREAS, Chapter 22, BMC establishes the municipal court in compliance with State law; and WHEREAS, it is in the interests of the City and upon the recommendation of the Chief Judge of Municipal Court to adjust the municipal code to reflect the change in title from clerk of the municipal clerk to court administrator as provided herein and to adjust the court’s duties related to records and the deposit of funds, adjust the qualifications of a judge pro tempore, and adjust how a vacancy in the office of a municipal court judge is filled to be in compliance with State law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Bozeman Municipal Code Section 22.01.020 is amended to read: “Sec. 22.01.020. - Sessions. A. The municipal court will be in session at times and on days established by the court except nonjudicial days. A judge may set specific hours as necessary., pursuant to state law. 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 Docusign Envelope ID: E43AB616-DD78-4130-9B7A-AAD47255899D Ordinance 2025-09, Amending BMC Chapter 22 Page 2 of 5 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; and 4. Issue writs of prohibition, injunctions and habeas corpus.” Section 2 That Bozeman Municipal Code Section 22.01.030 is amended to read: “Sec. 22.01.030. - Office of court administrator/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 chief municipal judge. The clerk of the municipal court may operate under the title of municipal court administrator or chief clerk so long as they perform the duties required by this chapter and MCA 3-6-301.” Section 3 That Bozeman Municipal Code Section 22.01.040 is amended to read: “Sec. 22.01.040. - Duties of the court administrator/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 pursuant to law. 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 MCA 3-5-501, relevant to a municipal court as well as all other duties assigned by the department of administrative services chief judge.” Section 4 That Bozeman Municipal Code Section 22.01.100 is amended to read: “Sec. 22.01.100. - Oath and deposit of funds. Docusign Envelope ID: E43AB616-DD78-4130-9B7A-AAD47255899D Ordinance 2025-09, Amending BMC Chapter 22 Page 3 of 5 A. The oath of office will be filed with the office of the city clerk. B. The moneys, from whatever source, collected under the jurisdiction of the municipal judge will be deposited and managed in accordance with law. C. All such moneys will be deposited with the treasurer of the city as directed by the director of administrative services finance.” D. In order to establish an appropriate control of moneys deposited temporarily for bonds, appearance bonds, etc., all such moneys 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 clerk of the municipal court will disburse such moneys according to the direction of the a municipal judge.” Section 5 That Bozeman Municipal Code Section 22.01.110 is amended to read: “Sec. 22.01.110. - 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 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. Bbe a sitting or retired judge of a court of record or be an attorney admitted to practice in the state who is a member of and is in good standing with the state bar of Montana. for a period of not less than five years; and 2. Be either a resident of the county or have a law practice or other law-related employment whose business address is within the county.” Section 5 That Bozeman Municipal Code Section 22.01.120 is amended to read: “Sec. 22.01.120. - Vacancy filled by commission. Docusign Envelope ID: E43AB616-DD78-4130-9B7A-AAD47255899D Ordinance 2025-09, Amending BMC Chapter 22 Page 4 of 5 A vacancy in the position of municipal court judge will be filled for the remainder of the unexpired term, pursuant to state law. Should a vacancy occur in the office of a municipal judge, the city commission will appoint a qualified individual to serve for the remainder of the term.” Section 6 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 7 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 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 9 Codification. This Ordinance shall be codified as provided for in Sections 1 through 5. Section 10 Docusign Envelope ID: E43AB616-DD78-4130-9B7A-AAD47255899D Ordinance 2025-09, Amending BMC Chapter 22 Page 5 of 5 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 21st day of November 2025. ____________________________________ TERRY 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 thereof held on the 10th of November 2025. The effective date of this ordinance is December 10, 2025. _________________________________ TERRY CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: E43AB616-DD78-4130-9B7A-AAD47255899D Certificate Of Completion Envelope Id: E43AB616-DD78-4130-9B7A-AAD47255899D Status: Completed Subject: Complete with Docusign: G.9 Ord 2025-09 for_Court_Admin_FINAL_ADOPTION.pdf Source Envelope: Document Pages: 5 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 2 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 155.190.3.5 Record Tracking Status: Original 11/12/2025 4:35:10 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:6c67:2940:50:982d:50ad:505d:eb6c Sent: 11/12/2025 4:37:06 PM Viewed: 11/12/2025 5:14:33 PM Signed: 11/12/2025 5:14:42 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.7 Sent: 11/12/2025 5:14:43 PM Viewed: 11/13/2025 9:43:08 AM Signed: 11/13/2025 9:43:20 AM Electronic Record and Signature Disclosure: Accepted: 11/13/2025 9:43:08 AM ID: 79215e59-3da6-43a6-b3de-ee9ca4e036d2 Mike Maas Mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.5 Sent: 11/13/2025 9:43:21 AM Viewed: 11/13/2025 3:34:42 PM Signed: 11/13/2025 3:34:52 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Karolina Tierney ktierney@bozeman.net Security Level: Email, Account Authentication (None) Sent: 11/13/2025 3:34:53 PM Electronic Record and Signature Disclosure: Accepted: 8/19/2024 2:22:55 PM ID: 350c2fd4-620b-4817-88db-aa19a7f50bb7 Civic Plus ordsadmin@civicplus.com Security Level: Email, Account Authentication (None) Sent: 11/13/2025 3:34:54 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/12/2025 4:37:06 PM Certified Delivered Security Checked 11/13/2025 3:34:42 PM Signing Complete Security Checked 11/13/2025 3:34:52 PM Completed Security Checked 11/13/2025 3:34:54 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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