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HomeMy WebLinkAboutIntroduction of Ordinance No. 17581 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services Chris Kukulski, City Manager SUBJECT: Introduction of Ordinance No. 1758 amending sections of Chapter 10.24, Speed Limits, of the Bozeman Municipal Code. (Public hearing scheduled for April 6, 2009) MEETING DATE: March 23, 2009 FYI/Discussion BACKGROUND: This Ordinance is being provided at this time to give the Commission ample time to review the proposed changes before the scheduled public hearing. The intent of the revisions is to clean up the Ordinance to eliminate antiquated references and revise/add/delete speed limits in certain areas. Additions are shown in underline and deletions in strikeout. The following is a summary or clarification of the major amendments. A detailed summary of each change will be provided in the public hearing packet: 1. Section 10.24.010.A provides that in the future, speed limits will be altered by Commission Resolution (rather than an Ordinance amendment), upon investigation and recommendation by the City Engineer. (page 1) 2. Section 10.24.010.C was added to allow temporary speed limits to be set without a complete study in the event they are needed for odd circumstances. (page 2) 3. School Crossing Zones (pages 4 and 12) have been deleted as the zones are covered under school speed limits (Section 10.24.030, page 8) 4. Public Park Speed Zones are established for streets adjacent to certain parks (Section 10.24.020.A.6 - page 5) and are specified in Section 10.24.040 (page 12). Currently, 15 mph speed zones are posted adjacent to Bogert, Kirk, and Centennial Parks, and Section 10.24.040 adds several more parks. The speed limits are set at 15 mph between the hours of 8 a.m. and 8 p.m., 7 days a week. 189 2 5. Section 10.24.030 (page 8) revises and establishes speed zones on certain streets adjacent to public schools. The major change in this section is that the speed limit will be effective 24 hours a day/365 days a year (versus 8:00 a.m. to 4:30 pm M-F). This change is suggested because there are a variety of before and after school activities and there are many year-round activities at the schools. 6. Section 10.24.050 (page 14) establishes speed limits greater than 25 mph on certain streets. These speed limits have either already be established by the current Ordinance or by speed studies approved by City, County or State Highway Commissions and are being reiterated, or are being established based on recent speed studies by the City Engineering Office or MDT. Streets with new speed limits are: West Babcock Street (30 mph from Main Street to Cottonwood Road); Baxter Lane (varies, 30 to 45 mph); Bridger Drive (add speed limit signs to reflect limits recently established by Montana Transportation Commission); Davis Lane (35 mph); Durston Road (30 mph from N. 7th to Ferguson and 35 mph from Ferguson to City limits, excepting 20 mph on school days at N. 25th Avenue school crossing as signed by the new variable speed limit sign); Oak Street (35 mph from N. 19th to New Holland Drive). 7. Section 10.24.060 (page 21) is a new section establishing a penalty for violations, as recommended by the City Attorney’s staff. Current fines for speeding are $20, $40, $70 and $100 based on a schedule in §61-8-725 MCA. This schedule was always used for state highways, but until about 8 years ago, a separate schedule was used when we realized this code section applied to all speeding citations, not just highway speeding citations. This discovery and change drastically reduced the fines generated by speeding citations. All other traffic citations in Municipal Court are set at $100 (with few exceptions). Adding this schedule will allow the officers to cite under the City Ordinance for speeding and allow the Court to impose fines more consistent with what we were charging years ago, and they would be more consistent with the rest of the fines imposed by the Court. This new fine schedule will eliminate the $35 administrative surcharge we have to impose under state code, but staff believes the higher the fine, the more the offender pays attention to future behavior. The specific dollar amount for the fines is still being researched and reviewed with the Municipal Judge. RECOMMENDATION: This Ordinance is being provided to the Commission FYI and to give you time to review it prior to the scheduled public hearing. Please contact me should you have questions regarding the proposed amendments prior to the April 6 hearing. FISCAL EFFECTS: Fiscal effects on City Departments will vary. The cost of a new speed limit sign, including the post (but not including installation time) is $55 each. Existing posts will be used whenever possible, which will reduce the cost. In areas such as the parks, it is likely 190 3 posts will also be needed. Citizens who violate the revised speed ordinance will be subject to increased fines, which should increase speed limit violation income. ALTERNATIVES: As suggested by the City Commission. Attachments: Ordinance No. 1758 Report compiled on March 18, 2009 191 ORDINANCE NO. 1758 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING THE FOLLOWING SECTIONS OF CHAPTER 10.24, SPEED LIMITS OF THE BOZEMAN MUNICIPAL CODE: SECTION 10.24.010; SECTION 10.24.020 SECTION 10.24.030; SECTION 10.24.040; SECTION 10.24.050; SECTION 10.24.060; AND SECTION 10.24.070 BE IT ORDAINED by the City Commission of the City of Bozeman, Montana that Section 1 Section 10.24.010 of the Bozeman Municipal Code is hereby amended to read as follows: “10.24.010 Speed Regulations – General Rule Every person operating or driving a vehicle of any character on a public street or roadway of in the city limits shall drive the same in a careful and prudent manner, and at a rate of speed no greater or not A. less than is reasonable and proper under the conditions existing at the point and time of operation, taking into account the amount and character of traffic, condition of brakes, width of vehicle, grade, and width of street or roadway, condition of surface, freedom of obstruction to view ahead, and all other conditions then existing, and so as not to unduly endanger the life, limb, property, or other rights of any person entitled to the use of the street or roadway. (Prior code §11.04.190) The prima facie speed limits set forth herein may be altered upon the basis of an engineering and traffic investigation that finds that any prima facie speed set forth in this Chapter is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City’s jurisdiction. Such investigation shall be conducted by the City Engineer, or designee, in consultation with the Director of Public Safety – Police, or designee, and upon concurrence with the recommendation of the City Engineer, the City 192 Commission shall adopt a Resolution to determine and declare a reasonable and safe prima facie speed limit which shall be effective when appropriate signs giving notice thereof are erected at such intersections or other place or part of the street or highway. Upon adoption of such a Resolution, the Resolution shall be posted in the office of the City Clerk and in such other locations as may be designated by the City Clerk.” B. It shall be prima facie unlawful for any person to exceed any of the speed limitations set out in this Chapter or in subsequent Commission Resolutions which may be adopted from time to time as set out in Section 10.24.010.A when such speed limits are properly posted. In every charge of violation of this Chapter or subsequent Commission Resolution, the complaint shall specify the speed at which the defendant is alleged to have driven, and the speed applicable at the time and place of the alleged violation, as posted. C. The Director of Public Services, together with the Director of Public Safety - Police, and the City Engineer are hereby authorized to establish temporary speed zones, including school or park zones, after conducting a preliminary visual and engineering review of any proposed street, school or park location, which may require a temporary designation. Such temporarily designation, when properly signed, shall be effective at all times until a complete traffic and engineering study is completed or until the City Commission makes an alternate determination.” A. Subject to the provisions of Section 10.24.010, and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to Section 2 Section 10.24.020 of the Bozeman Municipal Code is hereby amended to read as follows: "10.24.020 Specific Speed Restriction Areas. drive operate the same at a speed not exceeding the following, but except 193 in any case when such speed would be unsafe due to presently existing conditions it shall not be lawful 1. : The speed limit is twenty-five miles an hour on all streets within the city limits unless otherwise posted. 2. Highways. There are various highways within the City limits of the City of Bozeman that over which the Montana Transportation Commission has authority to establish speed limits. These speed limits are posted by the Montana Department of Transportation as authorized in 61-8-310, Montana Codes Annotated. No driver of a motor vehicle shall operate same It shall be unlawful to operate a motor vehicle at a speed less than fifteen miles an hour on any through or arterial high-way highway a) making a right or left hand turn at any intersection of streets; . 2. Intersections. Speed limits at intersections are fifteen miles per hour when: b) fifteen miles an hour when approaching within fifty feet of any intersection of streets when the driver’s view is obstructed. A driver’s view shall be deemed to be obstructed when, at any time during the last fifty feet of his the approach to such intersection, he the driver does not have a clear and uninterrupted view of such intersection and of the traffic upon all of the streets entering such intersection for a distance of two hundred feet from such intersection c) ; and at any uncontrolled intersection; 3. Slow or Danger Signs. Speed limit is fifteen miles an hour when passing “slow” or “danger” signs. 194 43. Graduated Speed Zones. There are created in the city graduated speed zones, the limits of which are more particularly described in Schedule IV (Section 10.24.070 060), attached to the ordinance codified herein and made a part hereof, wherein it is unlawful for any operator of any vehicle to drive at a speed greater than thirty-five miles an hour; the speed stipulated in said section. As provided in §10.24.010.A, graduated speed zones may be established by the City Commission by Commission Resolution; 54. Railway Grade Crossings. Speed limit is fifteen miles an hour when approaching within fifteen feet of a grade crossing of any railway when the driver’s view is obstructed. A driver’s view shall be deemed to be obstructed when at any time during the last two hundred feet of his the driver’s approach to such crossing he the driver does not have a clear and uninterrupted view of such railway crossing and of any traffic on such railway crossing, and of any traffic on such railway for a distance of four hundred feet in each direction from such crossing; 65. School Speed Zones. There are created in the city school speed zones, the limits of which are more particularly described in Schedule II attached to the ordinance codified herein and made a part hereof (Section 10.24.050 040), wherein it is unlawful for any operator of any vehicle to drive at a speed greater than fifteen miles an hour the speed established in said section, between the hours of eight a.m. and four- thirty p.m. on days or parts of days when school is in session; 7. School Crossing Zones. There are created in the city school crossing zones, the limits of which are more particularly described in Schedule III, attached to the ordinance codified herein and by this reference made a part hereof (Section 10.24.060), and it is unlawful for any operator of any vehicle between the hours of eight a.m. and four-thirty p.m. on days or parts of days when school is in session to drive at a 195 speed greater than fifteen miles an hour when approaching within fifty feet or in traversing said school crossing zones. Upon those crossings which have been signed or marked as school crossing zones, it is unlawful for the operator of any vehicle to fail to bring a vehicle to a complete stop when such crossing is occupied by a pedestrian; 6. Public Park Speed Zones. There are created in the city, park speed zones, the limits of which are more particularly described in Section 10.24.050, wherein it is unlawful for any operator of any vehicle to drive at a speed greater than the speed established in said section, between the hours of 8:00 a.m. and 8:00 p.m., on streets immediately adjacent to public parks, when signs are posted giving notice thereof. 87. Curves, Grades, Alleys and in Cemetery. Speed limit is fifteen miles an hour in any cemetery, or in when traversing or going around curves, or traversing a grade upon a street when the driver’s view is obstructed within a distance of one hundred feet along such street or highway in the direction in which he is proceeding, in all alleys within the city; and within the Sunset Hills Cemetery. 98. Other Conditions. The speed limit is twenty-five miles an hour under all other conditions. B. It shall be prima facie unlawful for any person to exceed any of the speed limitations set out in this section and Sections 10.24.030 and 10.24.050. In every charge of violation of this section or regulations in Sections 10.24.030 and 10.24.050 Chapter or subsequent Commission Resolution, the complaint shall specify the speed at which the defendant is alleged to have driven, also the speed which the section declares shall be prima facie lawful at the time and place of such alleged violation. ” 196 Section 3 Section 10.24.030 of the Bozeman Municipal Code is hereby deleted as follows: “Section 10.24.030 Traffic-signal Timing and Placement. The Director of Public Safety is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections designated in Sections 10.24.020 and 10.24.040, and shall erect appropriate signs giving notice thereof. ” Section 4 Section 10.24.040 of the Bozeman Municipal Code is hereby deleted as follows: “Section 10.24.040 Quiet zones – Violating restrictions deemed reckless driving. There are created in the city quiet zones, the limits of which are defined as follows: Deaconess Hospital Quiet Zone. All that part of Tracy Avenue between the north line of Mendenhall Street and the south line of Villard Street; all that part of Willson Avenue between the north line of Mendenhall Street and the south line of Villard Street; all that part of Lamme Street between the west line of Black Avenue and the east line of Grand Avenue, and all that part of Beall Street between the west line of Black Avenue and the east line of Grand Avenue. It is unlawful in such quiet zones to drive or operate any vehicle in a noisy or offensive manner so as to cause any discomfiture whatever to the patients in said hospital; and any person driving or operating a motor vehicle within such quiet zones contrary to the provisions of this section and Section 10.04.020 and 10.04.030 shall be deemed guilty of reckless driving and shall be punished as provided in this title; every person in charge of a vehicle shall exercise special care to approach and proceed through such zones as noiselessly as possible. ” 197 Section 5 Section 10.24.050 of the Bozeman Municipal Code is hereby amended to read as follows: “10.24.050 030 School Speed Zones Designated – Schedule II. In accordance with the provisions of subsection A.65 of Section 10.24.020, it is unlawful for any operator of any vehicle to drive at a speed greater than fifteen miles per hour that designated below or as designed by a Commission Resolution pursuant to Section 10.24.010.A, when such speed limit is properly posted between the hours of eight a.m. and four- thirty p.m. on days or parts of days when school is in session, Bozeman Senior High on the streets or parts of streets specified in the following school speed zones: and Junior High School Speed Zone. Speed limit is 15 miles per hour on: All that part of North Eleventh Avenue between West Main Street and a line three hundred feet south of the south line of Durston Road; and all that part of West Villard Street between a line one hundred fifty feet east of the east line of North Eleventh Avenue and the east line of North Eleventh Avenue; Hawthorne School Speed Zone. Speed limit is 15 miles per hour on: All that part of Rouse Avenue between a line one hundred fifty feet south of the south line of Mendenhall and a line one hundred fifty feet north of the north line of Lamme Street; All that part of East Lamme Street between a line one hundred fifty feet east of the east line of North Church Avenue and a line one hundred fifty feet west of the west line of North Rouse Avenue; all that part of East Mendenhall Street between a line one hundred fifty feet east of the east line of North Church Avenue and a line one hundred fifty feet west of the west line of North Rouse Avenue; all that part of North Church Avenue between a line one hundred fifty feet south of the south line of East Mendenhall Street and a line one hundred fifty feet north of the north line of East Lamme Street; 198 Irving School Speed Zone. Speed limit is 15 miles per hour on: All that part of South Eighth Avenue between a line one hundred fifty feet south of the south line of West Alderson Street and a line one hundred fifty feet north of the north line of West Dickerson Street; all that part of South Ninth Avenue between a line one hundred fifty feet south of the south line of West Alderson Street and a line one hundred fifty feet north of the north line of West Dickerson Street; all that part of West Alderson Street between a line one hundred fifty feet east of the east line of South Eighth Avenue and a line one hundred fifty feet west of the west line of South Ninth Avenue; all that part of West Dickerson Street between a line one hundred fifty feet east of the east line of South Eighth Avenue and a line one hundred fifty feet west of the west line of South Ninth Avenue; all that part of Eleventh Avenue from a line one hundred fifty feet north of the north line of Dickerson Street to a line one hundred fifty feet south of the south line of Alderson Street. Longfellow School Speed Zone. Speed limit is 15 miles per hour on: All that part of Tracy Avenue between a line twenty feet south of the south line of East Story Street to a line three hundred twenty feet north of the north line of East College Street; all that part of East Dickerson Street between the west line of South Tracy Avenue and a line one hundred feet west of the west line of East Tracy Avenue; all that part of East Story Street one hundred feet east of the east curb line of East Tracy Avenue; Whittier School Speed Zone. Speed limit is 15 miles per hour on: All that part of Durston Road West Peach Street between a line one hundred fifty feet east of the east line of North Fifth Avenue and a line one hundred fifty feet west of the west line of West North Sixth Avenue; all that part of West Sixth Avenue between a line one hundred fifty feet north of the north line of Durston Road the north line of West Peach Street and a line two hundred feet north of the north line of West Villard Street; all that part of North Fifth Avenue between a line one hundred fifty feet north of the north line of Durston Road West Peach Street and a line two hundred feet north of the north line of West Villard Street; all that part of West Short Street between a line one hundred fifty feet west of the west line of North Sixth Avenue and a line one hundred 199 fifty feet east of the east line of North Fifth Avenue; all that part of the alley adjacent to and parallel to the south line of the Whittier School grounds in Block 4 of the Violett Addition; Willson School/Bridger Alternative High School, Rosary and Emerson School Speed Zones. Speed limit is 15 miles per hour on: All that part of South Third Avenue between the south line of West Main Street and the north line of West Babcock Street; all that part of Babcock Street between a line one hundred fifty feet west of the west line of Fifth Avenue and a line one hundred fifty feet east of the east line of Grand Avenue ; all that part of Grand Avenue between a line sixty feet north of the north line of Babcock Street and a line one hundred fifty feet south of the south line of Olive Street; all that part of Olive Street between a line three hundred feet west of the west line of Fourth Avenue and a line one hundred fifty feet east of the east line of Grand Avenue; all that part of Fourth Avenue between the south line of Babcock Street and a line one hundred fifty feet south of the south line of Olive Street; all that part of Third Avenue between the south line of Olive Street and a line one hundred fifty feet south of the south line of Olive Street; all that part of Fifth Avenue between the south line of Main Street and Babcock Street; Emily Dickinson School Speed Zone. Speed limit is 15 miles per hour on: All that part of Annie Street between North 25th Avenue and a line two hundred seventy five feet west of the east boundary of Brentwood Avenue; all that part of North 25th Avenue between Rogers Way and the north property line of the school. . Morning Star School Speed Zone. Speed limit is 15 miles per hour on: All that part of Arnold Street between the west line of Westridge Drive to the west line of the school property . 1) I. Sacajawea Middle School Speed Zone. Speed limit is 15 miles per hour on: All that part of Cambridge Drive from the west line of South Third Avenue to the west line of the school property; 200 2) Speed limit is 25 miles per hour on all that part of South Third Avenue from 200 feet north of Cambridge Drive to 200 feet south of Dartmouth Drive during days and times of day so noted on the changeable speed limit signs installed on South Third Avenue. J. Chief Joseph Middle School Speed Zone. Speed limit is 15 miles per hour on: All that part of Kimberwicke Street between the west line of Ferguson Avenue and a line 300 feet east of Arabian Avenue; and all that part of Ferguson Avenue between the south line of Kimberwicke Street and the north line of Cattail Street. K. Hyalite School Speed Zone. Speed limit is 20 miles per hour on: All that part of West Babcock Street from 150 feet east of Sheridan Place to 150 feet west of Yellowstone Avenue.” Section 6 Section 10.24.060 of the Bozeman Municipal Code is hereby deleted as follows: “10.24.060 School Crossing Zones Designated – Schedule III. In accordance with the provisions of sub-section A7 of Section 10.24.020, it is unlawful for any operator of any vehicle between the hours of eight a.m. and four-thirty p.m. on days or parts of days when school is in session, to drive at a speed greater than fifteen miles per hour when approaching within fifty feet of and in traversing the streets, or parts of streets, specified in the following school crossing zones: Intersection of Mendenhall Street and Third Avenue; Intersection of Dickerson Street and Willson Avenue; Intersection of College Street and Tenth Avenue; Intersection of Alderson Street and Willson Avenue; Intersection of Mendenhall Street and Rouse Avenue” 201 Section 7 Section 10.24.040 of the Bozeman Municipal Code is hereby added as follows: “10.24.040 Public Park Speed Zones A. In accordance with the provisions of Subsection A.6 of Section 10.24.020, or any applicable subsequent Commission Resolution, pursuant to Subsection A.3 of Section 10.24.020, it is unlawful for any operator of any vehicle to drive at a speed greater than fifteen miles per hour unless otherwise specifically designated between the hours of eight a.m. and eight p.m. on the streets or parts of streets immediately adjacent to the applicable public parks, as specified in the following public parks speed zones: B. Aasheim Fields Park Speed Zone. All that part of Fowler Avenue from the south line of West Babcock Street to the southern boundary of Aasheim Fields Park. C. Beall Park Speed Zone. All that part of East Villard Street from the west line of North Black Avenue to the east line of North Bozeman Avenue; all that part of North Bozeman Avenue from the south line of East Villard Street to the north line of East Short Street; all that part of East Short Street from the east line of North Bozeman Avenue to the west line of North Black Avenue; all that part of North Black Avenue from the north line of East Short Street to the south line of East Villard Street. D. Bogert Park Speed Zone: On South Church Avenue from the north line of Bogert Park to a point approximately 100 feet south of Bogert Place. E. Centennial Park Speed Zone. All that part of North Tracy Avenue from Cottonwood Street to the north line of Centennial Park; all that part of Cottonwood Street from the east line of North Tracy Avenue to the west line of North Grand Avenue; all that part of North Grand Avenue from the south line of Cottonwood Street to the north line of Centennial Park. Christie Fields Park Speed Zone. All that part of East Mason Street from the west line of South Black Avenue to the east line of South Rouse Avenue; all that part of South Rouse Avenue from the south line of East Mason Street to the north line of Christie Field Park; all that part of South Black Avenue from the south line of East Mason Street to the north line of Christie Field Park. 202 F. G. Cooper Park Speed zone. All that part of South Eighth Avenue from a line 150 north of West Dickerson Street to the south line of West Koch Street. H. Farmall Street Park Speed Zone. All that part of Farmall Street from the west line of Springbrook Avenue to the east line of Durham Avenue; all that part of Durham Avenue from the south line of Farmall Street to the north boundary of Farmall Street Park, which is approximately 500 feet north of the south line of Farmall Street; all that part of Springbrook Avenue from the south line of Farmall Street to the north line of Farmall Street Park; which is approximately 500 feet north of the south line of Farmall Street. Kirk Park Speed Zone. All that part of West Beall Street from the east line of North 20th Avenue to the west line of Kirk Park; all that part of North 20th I. Avenue from a point approximately 300 feet north of the north line of West Main Street to the north line of West Beall Street. J. Lindley Park Speed Zone. All that part of Buttonwood Avenue from the south line of East Main Street to the entrance to the Sunset Hills Cemetery; all that part of Cypress Avenue from the south line of East Main Street to the south line of East Curtiss Street. K. Meyers Park Speed Zone. All that part of Hanley Avenue from the north line of West Babcock Street to the south line of Brenden Street; all that part of Clifden Drive from the north line of West Babcock Street to the south line of Brisbin Street. L. Oak Springs Subdivision Park Speed Zone. All that part of Jardine Avenue from the north line of Annie Street to its intersection with Palm Street; all that section of Palm Street from its intersection with Jardine Avenue to the east line of Yellowstone Avenue; all that part of Yellowstone Avenue from the south line of Palm Street to the north line of Renova Lane; all that part of Renova Lane from the east line of Yellowstone Avenue to the west line of Oak Springs Subdivision Park. Westlake BMX Park Speed Zone. All that part of North Fifth Avenue from a line 150 feet north of Peach Street to the south line of Tamarack Street.” Section 8 Section 10.24.070 of the Bozeman Municipal Code is hereby amended to read as follows: “10.24.070 050 Graduated speed zones designated – Schedule IV. 203 In accordance with the provisions of sub-section A4 of Section 10.24.020, or any applicable subsequent Commission Resolution, it is unlawful for any operator of any vehicle to drive at a speed greater than thirty-five miles per hour designated below upon the following streets, or parts of streets, specified in the following graduated speed zones: All that part of Main Street between a line thirteen hundred feet east of Cypress Avenue and the east line of the city limits; All that part of Main Street between the projected east line of Nineteenth Street and the west line of the city limits; All that part of Third Avenue between a line three hundred feet south of the south line of Kagy Boulevard and the south line of the city limits; All that part of Nineteenth Street from the south line of Main Street to the south line of the city limits; All that part of Highland Boulevard between a line three hundred feet south of the south line of Curtiss Street and a line three hundred feet north of the north line of Holly Drive; A. All that part of Seventh Avenue between the north line of Juniper Street and the north line of the city limits.” B. West Babcock Street. The speed limit is 30 miles per hour on all that part of West Babcock Street from the west line of West Main Street to the east line of Cottonwood Road. 1) Baxter Lane: 2) The speed limit is 35 miles per hour from the west line of North Seventh Avenue to a point approximately 1,000 feet west of North Seventh Avenue, 3) The speed limit is 45 miles per hour from a point approximately 1,000 feet west of North Seventh Avenue to a point approximately 1,200 east of North Nineteenth Avenue; 4) The speed limit is 35 miles per hour from a point approximately 1,200 feet east of North Nineteenth Avenue to the east line of North Nineteenth Avenue; The speed limit is 30 miles per hour from the western line of North 204 Nineteenth Avenue to a point approximately 1,100 feet west of North Nineteenth Avenue; 5) 6) The speed limit is 45 miles per hour from a point approximately 1,100 feet west of North Nineteenth Avenue to a point approximately l175 feet east of Gallatin Green Boulevard; C. The speed limit is 40 miles per hour from a point approximately 550 feet east of Flanders Mill Road west to the city limits. D. Bozeman Trail Road. The speed limit is 40 miles per hour from the west line of Haggerty Lane to the north line of Kagy Boulevard. 1) Bridger Drive/Bridger Canyon Road. 2) The speed limit is 35 miles per hour from the junction of Bridger Drive; Bridger Canyon Road with North Rouse Avenue to a point approximately 550 feet east of Story Mill road. 3) The speed limit is 45 miles per hour from a point approximately 550 feet east of Story Mill Road to a point approximately 600 feet east of Creekwood Drive. E. The speed limit is 60 miles per hour from a point approximately 600 feet east of Creekwood Drive east to the city limits. F. West College Street. The speed limit is 35 miles per hour from the west line of South Nineteen Avenue to the south line of West Main Street. 1) Cottonwood Road. 2) The speed limit is 45 miles per hour from Durston Road south to a point approximately 100 feet north of Fallon Street. 3) The speed limit is 35 miles per hour from a point approximately 100 feet north of Fallon Street to Huffine Lane. G. The speed limit is 55 miles per hour from Huffine Lane south to the city limits. H. Davis Lane. The speed limit is 35 miles per hour from the north line of West Oak Street to the south line of East Valley Center Road. 1) Durston Road. The speed limit is 30 miles per hour from the west line of North 7th Avenue 205 to the east line of Ferguson Avenue. 2) 3) The speed limit is 35 miles per hour from the west line of Ferguson Avenue west to the City limits. The speed limit is 20 miles per hour during certain hours of school days as signed, from 1250 feet east of North 25th Avenue to 250 feet west of North 25th I. Avenue. J. Ferguson Avenue. The speed limit is 35 miles per hour from the north line of Huffine Lane to the south line of Durston Road. K. Fowler Avenue. The speed limit is 35 miles per hour from the south line of Huffine Lane to the north line of Garfield Street. 1) East Frontage Road. 2) The speed limit is 60 miles per hour from the junction of East Frontage Road with North Seventh Avenue, northwest to city limits. 3) The speed limit is 50 miles per hour from the junction of East Frontage Road with East Main Street, approximately 350 feet east of Haggerty Lane, to a point approximately 100 feet east of Hospitality Way. L. The speed limit is 60 miles per hour from a point approximately 100 feet east of Hospitality Way east to the city limits. M. Garfield Street. The speed limit is 35 miles per hour from the west line of South Nineteenth Avenue to the south line of Fowler Avenue. N. Griffin Drive. The speed limit is 35 miles per hour from the east line of North Seventh Avenue to the west line of North Rouse Avenue. 1) Haggerty Lane. 2) The speed limit is 45 miles per hour from the west line of Bozeman Trail Road to Ellis Street. O. The speed limit is 35 miles per hour from Ellis Street northwesterly a distance of approximately 675 feet. P. Highland Boulevard. The speed limit is 35 miles per hour from the north line of New Hyalite View Subdivision to a point approximately 225 feet south of East Curtiss Street. Huffine Lane. 206 1) 2) The speed limit is 45 miles per hour from the junction of Huffine Lane with West Main Street to a point approximately 260 feet west of Ferguson Avenue. 3) The speed limit is 55 miles per hour from a point approximately 260 feet west of Ferguson Avenue to a point approximately 850 feet west of Cottonwood Road. Q. The speed limit is 65 miles per hour from a point approximately l850 feet west of Cottonwood Road west to the city limits. 1) Kagy Boulevard. 2) The speed limit is 35 miles per hour from the east line of South Nineteenth Avenue to a point approximately 875 feet east of Highland Boulevard. R. The speed limit is 40 miles per hour from a point approximately l875 feet east of Highland Boulevard to Bozeman Trail Road. S. East Main Street. The speed limit is 40 miles per hour from a point approximately 300 feet east of Cypress Avenue to the junction of East Main Street with East Frontage Road, approximately 350 feet east of Haggerty Lane. 1) West Main Street. The speed limit is 35 miles per hour from a point approximately 320 feet east of North Fifteenth Avenue to the west line of South 23rd 2) Avenue. The speed limit is 45 miles per hour from the west line of South 23rd T. Avenue to the junction of West Main Street with Huffine Lane. U. Manley Road. The speed limit is 35 miles per hour from the north line of Griffin Drive north to the city limits. V. McIllhattan Road. The speed limit is 30 miles per hour from the west line of Story Mill Road northwest to the city limits. 1) North Nineteenth Avenue. 2) The speed limit is 35 miles per hour from the south line of Durston Road to approximately 500 feet north of Durston Road. W. The speed limit is 40 miles per hour from a point approximately 500 feet north of the south line of Durston Road to Springhill Road. South Nineteenth Avenue. 207 1) 2) The speed limit is 35 miles per hour from the north line of West Main Street to the south line of West College Street. 3) The speed limit is 45 miles per hour from the south line of West College Street to the north line of Kagy Boulevard. a) The speed limit for southbound traffic south of Kagy Boulevard is: b) 45 miles per hour from Kagy Boulevard to a point approximately 330 feet south of Kagy Boulevard 4) 60 miles per hour from a point approximately 330 feet south of Kagy Boulevard south to the city limits. a) The speed limit for northbound traffic south of Kagy Boulevard is: b) 45 miles per hour from Kagy Boulevard to a point approximately 875 feet south of Kagy Boulevard. X. 60 miles per hour from a point approximately l875 feet south of Kagy Boulevard south to the city limits. 1) Oak Street. 2) The speed limit is 35 miles per hour from the west line of North Rouse Avenue to the east line of North Eleventh Avenue. 3) The speed limit is 45 miles per hour from the east line of North Eleventh Avenue to the east line of North Nineteenth Avenue. Y. The speed limit is 35 miles per hour from the west line of North Nineteenth Avenue to the west line of New Holland Drive. Z. North Rouse Avenue. The speed limit is 35 miles per hour from a point approximately 430 feet north of East Oak Street to the junction of North Rouse Avenue with Bridger Drive. 1) North Seventh Avenue. 2) The speed limit is35 miles per hour from a point approximately 380 feet north of Durston Road to a point approximately 610 feet north of West Oak Street. The speed limit is 45 miles per hour from a point approximately 610 feet north of West Oak Street to a point approximately 1,720 feet north of Griffin Drive. 208 3) AA. The speed limit is 60 miles per hour from a point approximately 1,720 feet north of Griffin Drive to the junction of North Seventh Avenue with East Frontage Road. BB. Simmental Way. The speed limit is 35 miles per hour from the north line of Baxter Lane to the terminus of Simmental Way. CC. Springhill Road. The speed limit is 35 miles per hour from East Frontage Road north to the city limits. DD. Story Mill Road. The speed limit is 35 miles per hour from the north line of Bridger Drive north to the city limits. EE. South Third Avenue. The speed limit is 35 miles per hour from the south line of Graf Street to the south side of Wagonwheel Road. 1) East Valley Center Road. 2) The speed limit is 45 miles per hour from North Nineteenth Avenue west a distance of approximately 2,830 feet. The speed limit is 50 miles per hour from a point approximately 2,830 feet west of North Nineteenth Avenue to a point approximately 290 feet east of North 27th Avenue. The speed limit is 60 miles per hour from a point approximately 290 feet east of North 27th Avenue west to the city limits.” Section 9 Section 10.24.060 of the Bozeman Municipal Code is hereby added to read as follows: “10.24.060 Enforcement – Penalty for Violation A. It is a misdemeanor for any person to violate any provision of this chapter. B. Every person convicted of a misdemeanor for a violation of this chapter shall be punished by a fine not less than $50 or more than $150, according to the following schedule: A speed of 0-10 mph over the posted speed limit $50 A speed of 11-20 mph over the posted speed limit $70 209 A speed of 21-30 mph over the posted speed limit $90 A speed over 30 mph of the posted speed limit $100 School Zones and Park Zones A speed of 0-10 mph over the posted speed limit $75 A speed of 11-20 mph over the posted speed limit $95 A speed over 20 mph of the posted speed limit $125 C. For a second or subsequent violation of a speed regulation within a three year period, the fine shall be not less than $70 or more than $250, according to the following schedule: A speed of 0-10 mph over the posted speed limit $70 A speed of 11-20 mph over the posted speed limit $100 A speed of 21-30 mph over the posted speed limit $130 A speed over 30 mph of the posted speed limit $160 School Zones and Park Zones A speed of 0-10 mph over the posted speed limit $85 A speed of 11-20 mph over the posted speed limit $115 A speed over 20 mph of the posted speed limit $140” Repealer. All City ordinances and parts thereof in conflict herewith are hereby superseded by this ordinance. Section 10 Section 11 Savings Provision. This ordinance does not affect rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. Section 12 Severability. 210 If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the ordinance and applicability thereof to other persons and circumstances shall not be affected thereby. Section 13 Effective Date. This ordinance shall be in full force and effect thirty days after second reading and final adoption. PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session thereof held on the _____ day of______________, 2009. __________________________________ KAAREN JACOBSON Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk 211 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 ______ day of ______________ 2009. __________________________________ KAAREN JACOBSON Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: __________________________________ BOB PLANALP Interim City Attorney 212