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HomeMy WebLinkAboutResolution 2495-Establishing a uniform sidewalk sale and promotion policy - DBA -; COMMISSION RESOLUTION NO. 2495 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A UNIFORM SIDEWALK SALE AND PROMOTION POLICY FOR THE CITY OF BOZEMAN, MONTANA. WHEREAS, it is the desire of the Downtown Bozeman Association to hold more than one sidewalk or promotional sale throughout the year; and WHEREAS, in the past the City Commission has dealt with such requests to use public right-of-way (sidewalks) on an individual basis; and WHEREAS, the City Commission has expressed a desire to establish a uniform policy regarding sidewalk sales. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: Section One - Business Sidewalk Promotions Written requests for permission to use public property (sidewalks) for the purpose of sidewalk promotions, whether by the Downtown Bozeman Associa- tion, by other groups or individual businesses licensed in the B-3 Zone, must be filed at least thirty (30) days prior to any annually scheduled event (e.g., Sweet Pea, Taste of Bozeman, Crazy Days and Christmas Stroll). Each event shall be limited to a duration of not more than three (3) consecutive days. All such events must be approved in writing by the City Manager or his designee. Writ- ten requests for permission for any event not listed above as scheduled annually must be filed at least thirty (30) days prior to the proposed event. Appeals from the decision of the City Manager or designee may be made to the City Commis- sian. All sidewalk promotions shall comply with the following: 1. A minimum five-foot sidewalk aisle shall be maintained for pedestrian travel. 2. Those participating in the sidewalk promotion shall limit their activities to the area bounded on either side by the width of the store front of the participant unless written permission has been obtained from the occupants of addi- --~.- u~, ._'--'_.~ ~ ,.' J . " , tional store fronts. Said written permission shall be sub- mitted along with the required written request for approval. Section Two - Non-profit Sidewalk Sales The use of publ ic property (sidewalks) by non-profit organizations for advertising or conducting the sale of goods shall be limited to two (2) such events per organization per calendar year. Each event shall be limited to a duration of not more than ten (10) consecutive days. All such events must be approved in writing by the City Manager or his designee. Written requests for approval must be filed at least thirty (30) days prior to the proposed event. Appeals from the decision of the City Manager or designee may be made to the City Commission. All such sidewalk advertising and sales shall comply with the following: 1. The organization shall request the written permission of the occupant of the business(es) in front of which the proposed event is to be held. Such written permission or a written explanation of the absence of written permission shall be submitted along with the written request for approval. 2. The organization shall maintain a minimum five-foot side- walk aisle for pedestrian travel. Section Three - Business Sidewalk Encroachment The use of public property (sidewalks) for the placement of merchandise, signs, benches and other personal property adjacent or attached to a bui Iding by the occupant licensed to do business in the building shall not be deemed an obstruction when approved in writing by the City Manager or his designee. Written requests for approval must be filed. The City Manager or designee is hereby authorized to grant such revocable permit allowing such a use upon the execution by requestor of an agreement to save and hold the City harmless from any claims arising out of, resulting from or occurring in connection with the permitted use, and that upon the revocation of such permit, the requestor wi II remove the encroachment at its own expense, restoring the right-of-way to its original condition. Appeals from the decision of the City Manager or designee may be made to the City Commission. - 2 - .. f , PASSED AND ADOPTED by the City Commission of the City of Bozeman, at a regular meeting thereof held on the 19th day of March 1984. ATTEST: R(dfL. ofuLI:fF- Clerk of the Commission .r.:~.j ''''.*,.'' . ,.'; A" ".u ulU"~ . oflhl .CItJ ~..,... of 1M ClIr or ..........-. .... ....... . ...... ...... ... UftIfeniI..' -r.......... .' .. -'II "'111"".... .. . ., ......"'.....lIiDh 1IeIIur" .. cltJ of........ ...... ...... CIty Of Bouman , Stille of 'Montana' COUnty of GelIatln ~ RobIA L. Sulllv8n, Clerk of the CIty Commission of the ClIy of Bozeman, Montana, 1:10 hereby certify that thefor~olng' ' Is \tie true and correct title and nUMber of COmmllllon Reaolu- tlon No. 2495 passed and adopted at a regular lIEI$$lon thereof held on the 19th day of March, 1984. OIted this a.18t d8y of March, 1984. . Robin L 'SUlIlvIn C~ of the City Comrnie8k:lri ~23 l 1\fftbautt of Jubltrattnn STATE OF MONTANA, I County of Gallatin. 5S. .. _______Vi_vie__P.or.tne1L._..__________.__.___ .__..__.... ........................, being duly sworn, deposes and says: That .she is..mml?.r.inci..paJ.__Cl.exk.__._mnmnn________m___ of the Bozeman __._R!'lJ,1,.,y_.________Chronicle, a newspaper of general circulation, printed and published in Bozeman, Gallatin County, Montana; and that the notice hereunto annexed (-----Comm.is.sian--ReaQ~uti..Dn__liQ..m2.4.95._hm_______ , ....., ".. . n. ....... _, _. _nn.. nnm mmmmmn__n___.___ __m___._n.__._n.__ _.._________._____________..._____.__.____________..__..___._________n_____..) . has been correctly published in the regular and entire iuue of every number__of aid paper......_...___m___m..._ - ,-"- for. ....L..... c~ ......lJJ..f.?.!:;A'.t.t.9.D..m..m__m.' the first of which publicatlo d on then_.??.!:~n"''''''''''h' day of. . . ...March....... S b 'bed d t b f thO 26lb d f -7::.:~':.-)...;0~r.~h 19 84 u son an sworn 0 e ore me lSmmn_n"m ::__o_=:_=~~~_= Notary Public for the State of Montana, re8iding at Bozeman, Montana A/OTARY ,~,'ICUCL DENNETT ... PUollC to" 1'1' "~I R ' ' - 0 ,,1 -,t 1 ,of r'n' eSldl1l0 In ,""z'm:-II IJ \ Jliy CommISSIon EXPI/<J:" J " .t". .J -' " J......>j. [ .~