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HomeMy WebLinkAboutOrdinance 05- 1640 Providing for two Directors of Public Safety, Police and Fire ORDINANCE NO. 1640 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 2.40.010, 10.04.050, 10.32.395.C., 10.56.030, 10.56.040, 10.60.010, 1 0.60.020.A., 12.32.060, AND BY ADDING A NEW SECTION 2.40.015, PROVIDING FOR THE CREATION OF TWO DIRECTORS OF PUBLIC SAFETY: POLICE AND FIRE, AND THE AMENDMENT OF RELATED SECTIONS OF THE BOZEMAN MUNICIPAL CODE RELATED TO THE DIRECTOR OF PUBLIC SAFETY. WHEREAS, that City of Bozeman is growing in such a manner that separate directors for Fire and Police will enhance the service to the citizens of Bozeman. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by amending Section 2.40.010, so that such section shall read: "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 and fire. Whenever state law, contracts or interlocal agreements require the chief of police or the fire GRief 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 the chief administrative authority in all matters affecting the inspection and regulation of, the erection, maintenance, repair and occupancy of buildings, including the inspectiol' of plumbing and electrical wirir,g in buildings, and shall have charge of the enforcen,ent 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. 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." Section 2 That the Bozeman Municipal Code be amended by adding a new section to be numbered 2.40.015, so that section 2.40.015 shall read: "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 offire. Whenever state law, contracts or interlocal agreements require the the fire chief to perform any service or carry out any function, the director of public safety-fire shall have fl: e I (~~': ~,f_;()11 ",i FJ i 1.1: 'ill(' \.")1' i"i-j \. ',.' \ ( i inril,)!) the uet' ITIIII I ,,-till! f' ,II: IIFilh'I', .:'P'f'.'c:U(Ht, Il'k111Ite-I'F!I'I\:I~; I c;p:.m <,1111 Will III Iii Ii I'!I dl\(1 (;hal! Icic'eill",!i Section 3 That the Bozeman Municipal Code be amended by amending Section 10.04.050, so that such section shall read: "10.04.050 Administration and enforcement. It shall be the duty of the director of public safety-police to enforce the street traffic regulations of the city, and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate accidents. and to arrest and assist in the prosecution of those persons charged with the violations of law causing or contributing to such accidents, to cooperate with other officers of the city in the administration of traffic laws, and in developing ways and means to improve traffic conditions and to carry out those duties specially imposed by this title." Section 4 That the Bozeman Municipal Code be amended by amending Subsection C of Section 10.32.395, so that such Subsection 10.32.095.C. shall read: "10.32.395 Montana State University residential on-street parking permit regulation program C. These regulations will be enforced by the department of public safety-police or designee. " Section 5 That the Bozeman Municipal Code be amended by amending Section 10.56.030, so that such section shall read: "10.56.030 Traffic accident reports- Public safety department duties - police. A. The department of public safety-police shall maintain a suitable system offiling traffic- accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. B. The department of public safety-police shall receive and properly file all accident reports made to it under state law or under any ordinance of this city, but all such accident reports made by drivers shall be for the confidential use of the department of public safety-police and no such report shall be admissible in any civil or criminal proceeding other than upon request of any person making such report or upon request of the court having jurisdiction to prove a compliance with the laws requiring the making of any such report." Section 6 That the Bozeman Municipal Code be amended by amending Section 10.56.040, so that such section shall read: - 2 - "10.56.040 Traffic violations - Public safety department duties" police. A. The department of public safety-police or the operations division thereof shall keep a record of all violations of the traffic ordinances of the city or of the state vehicle laws applicable to street traffic in the city of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. The record shall accumulate during at least a five-year period, and from that time on the record shall be maintained complete for at least the most recent five-year period. B. All forms for records of violations and notices of violations shall be serially numbered. For each month and year, a written record shall be kept available to the public, showing the disposal of all such forms." Section 7 That the Bozeman Municipal Code be amended by amending Section 10.60.010, so that such section shall read: "10.60.010 Enforcement - Authority of police and fire officials. A. It shall be the duty of the police of the department of public safety-police or such officers as are assigned by the director of pUblic safety-police to enforce all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city. B. Police officers of the department of public safety-police, or such officers as are assigned by the director of public safety-police, are authorized to direct all traffic by voice, hand or signal, in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the department of pUblic safety-police may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. C. Fire officers of the department of public safety-fire, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity." Section 8 That the Bozeman Municipal Code be amended by amending Subsection A of Section 10.60.020, so that such Section 10.60.020.A. shall read: "10.60.020 Impoundment of vehicles authorized when - Procedures required. A. Members ofthe department of public safety-police are authorized to remove a vehicle from a street, highway or public parking lot to the nearest garage or other place of safety, or to a garage designated or maintained by the department of public safety-police, or otherwise maintained by this city under the circumstances hereinafter enumerated: 1. When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic; 2. When a vehicle upon a street or highway is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle - 3 - are, by reason of physical injury, incapacitated to such an extent as to be unable to provide for its custody or removal; 3. When any vehicle is left unattended upon a street or highway and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic; 4. When any vehicle is parked in a tow-away zone; 5. When any vehicle is parked illegally for a period of more than six hours; 6. When any vehicle is abandoned on any street, highway or public parking lot operated by the city by not being moved or used for more than seven consecutive days, and such a vehicle is apparently deserted." Section 9 That the Bozeman Municipal Code be amended by amending Section 12.32.060, so that such section shall read: "12.32.060 Police protection. A. The city manager, with advice from the department of public safety-police, shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The city manager shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the city manager, he shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the city manager at the sole expense of the applicant." Section 1 0 Repealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. . Section 11 Severability: If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application, and, to this end the provisions of this ordinance are declared to be severable. Section 12 Savinas: 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. - 4 - Section 13 Effective Date: This ordinance shall be effective on and after July 10, 2005. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 16th y o May, 2005. ATTEST: ~/~ ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of e 2005. AN ETRARO, Mayor ATTEST: ~~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVE-9 AS TO FORM: //. 1 - 5 -