HomeMy WebLinkAboutProvisional adoption of Ordinance No. 1762 Skateboard use in Downtown Business District
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lieutenant Rich McLane, Bozeman Police Department
SUBJECT: Provisional adoption of Ordinance 1762, revision to Bozeman
Municipal Code (BMC) 10.44.050, Skateboard use in Downtown
Business District.
MEETING DATE: Monday, June 1, 2009
RECOMMENDATION:
Conduct a public hearing and suggest changes to Ordinance 1762. Consider a
motion provisionally adopting Ordinance 1762, including Commission amendments and
conditions, and direct staff to return to the Commission for the second reading of
Ordinance 1762 on June 15, 2009.
BACKGROUND:
In April 2009, the City of Bozeman opened the Bridger Park intermodal facility, a multi-
level parking garage located in the downtown business district on E. Mendenhall between N.
Black and N. Tracy that allows for the parking by hour or permit for 435 motor-vehicles being
used by residents, employees and visitors to the Downtown Business District.
Upon opening, an unforeseen use of the parking garage included the use by citizens to
ride skateboards on the surface roadway of the garage, the roof of the garage and riding the
skateboards down the center surface due to the slope of the surface, in and around parked
vehicles. A large part of this activity prohibits the free ingress and egress of persons driving and
parking motor vehicles. The propensity for damage from skateboarding to parked vehicles or to
edging and walls within the structure is a concern, as well as a raised propensity to physical
injury to those riding skateboards at these locations.
Upon review of the existing BMC 10.44.050, it was found that while coasters or similar
devices [skateboards] are clearly not allowed on sidewalks in the business district or on
roadways in the City, the language was clearly open to interpretation as to whether a parking
garage surface or parking lot surface was considered a “roadway”. In an effort to clarify this
language, amongst other minor changes, the creation of Ordinance 1762 was undertaken.
In summary, recommended revisions include:
1) Establishment of Commission intent.
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“WHEREAS, it is the intent of the City Commission to provide for and protect the
health, safety and welfare of the citizens of Bozeman; and
WHEREAS, the Downtown Business District includes sidewalks, roadways, public
parking lots and a public parking garage; and
WHEREAS, the City Commission has previously provided direction prohibiting the use
of coasters, toy vehicle, or similar devices upon both roadways and sidewalks in the
Downtown Business District; and
WHEREAS, the City Commission recognizes the safety of citizens, public property,
vehicles and traffic flow is jeopardized by allowing for the riding of coasters, toy
vehicles, or similar devices, such as skateboards, in a public garage, city parking lot or
other city facility; and
WHEREAS, the City Commission recognizes the need for safe, eco-friendly and
alternative means of transportation, such as the riding of coasters on roadways in other
roadways of the city.”
2) Addition of specific type of “coaster” or toy vehicle prohibited.
“10.44.050 Toy Vehicles, Skateboards, Rollerblades, and Roller Skates
A. It shall be unlawful for any person, within the Downtown Business District, to ride
any skateboard, rollerblades, roller skates, or other similar devices or operate any coaster,
toy vehicle or radio controlled vehicle upon any sidewalk or roadway.”
Previously 10.44.050 allowed for interpretation that a “skateboard” or “rollerblade”
constituted a similar device. Clearly stating these in this code ensure this is not subject to
interpretation in any legal challenges that may occur based on enforcement of a violation.
Furthermore, previous code indicated “Business District”, rather than “Downtown Business
District”.
3) Addition/clarification of other areas prohibited for use by skateboards.
“B. It shall also be unlawful for any person, within the City limits, to ride or operate
any device referenced in subsection (A) above, within any city-owned parking garage,
parking lot, facility or structure.”
Just as the use of a skateboard in the city parking garage can lead to damage to city
property, damage to vehicles and blocking ingress/egress of motor-vehicles, the addition of other
city facilities and parking lots was necessary. Related BMC 12.26.030 currently prohibits the
use of skateboards, roller-skates, in-line skates or similar recreational device on any tennis court,
on or in any pavilion, on or in any drained swimming pool, or on or against any city owned table,
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Commission Memorandum
bench, structure, bike rack, parking stop, ,retaining wall, fountain, statue, or other improvement
which may suffer damage by it’s use. Similar need to protect city property logically extends to
the parking garage, parking lots and other structures.
The City has taken measures to provide an area for recreational use of skateboards, with
the establishment of a skateboard facility located on N. 20th Avenue and that is operated in
accordance with BMC 12.26.077.
4) Introduction of actual definition of Downtown Business District.
“ C. The Downtown Business District is defined as that portion of all streets, avenues,
and sidewalks fronting the streets along Mendenhall, Main, and Babcock, including
avenues running in a north-south direction between Third and Broadway.”
While the Downtown Business District is defined in other areas with the Bozeman
Municipal Code, introduction of this specific area in this particular code allows for immediate
understanding of the areas of prohibition.
5) Removal of prohibitions on roadways outside of the Downtown Business District, while
adding language to ensure riding skateboards or similar devices is done in a safe and prudent
manner.
“…”
“D. A person operating a skateboard or similar device upon a roadway shall ride as near to
the right side of the roadway as practicable except when:
(a) necessary to avoid a condition that makes it unsafe to continue along the right
side of the roadway, including but not limited to a fixed or moving object, parked
or moving vehicle, pedestrian, animal, surface hazard, or a lane that is too narrow
for a skateboard and another bicycle or vehicle to travel safely side by side within
the lane.
(b) A person operating a skateboard or similar device upon a one-way highway with
two or more marked traffic lanes may ride as close to the left side of the roadway
as practicable.
E. The operator utilizing any device referenced in subsection (D), if not previously required,
must utilize protective visibility gear during hours of darkness, as defined in chapter 9,
title 61, Montana Code Annotated, that renders the operator clearly visible to others
utilizing the same roadway and any intersecting roadways.
F. Every person operating a skateboard or similar device shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of any other vehicle by
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Commission Memorandum
chapter 7, 8 and 9, title 61, Montana Code Annotated, except as to those provisions which
by their very nature can have no application.”
Previously 10.44.050 prohibited the use of coasters [skateboards] on any roadway in the
City. However, a growing number of citizens use roadways as a means to safely and
economically transport themselves across the city, conduct exercise or recreate. This use of
skateboards or similar devices differs from the use in the Downtown Business District and city
property considerably. The Downtown Business District involves a considerable increase in the
amount of pedestrian traffic, propensity to damage in the parking garage and parking lots and
raised chance of blocking traffic in a parking lot or parking garage.
While many arguments exist to prohibit the use coasters on roadways outside of the
Downtown Business District, alternative methods of travel other than the use of motor-vehicles
is a direction the city should embrace, if done with a proper balance in regards to citizen safety.
Under Montana Code Annotated, a skateboard actually fits the definition of “a vehicle”.
Pursuant to 61-1-101 MCA, a vehicle is defined as a device in, upon, or by which any person or
property may be transported or drawn upon a public highway, except devices moved by animal
power or used exclusively upon stationary rails or tracks. Similar codes in Montana Code
Annotated, such as the requirement to obey a traffic control device or the requirement to operate
a “vehicle” in a safe and prudent manner, would apply to a citizen riding a skateboard that fails
to ride in a safe manner. By providing language consistent with those requirements for bicycles
to “ride as near to the right side of the roadway…” and “subject to all of the duties applicable to
the driver of any other vehicle by chapter 7, 8, 9, title 61, Montana Code Annotated”, riders of
skateboards are allowed to use roadways, as long as their riding is done in compliance with
existing state traffic laws. Furthermore, the requirement to have adequate protective visibility is
important for all citizen safety, particularly when riding a skateboard or similar device on local
roadways of the City.
Allowing for the use of a skateboard or similar device on roadways outside of the
Downtown Business District allows law enforcement officials to focus on other public safety
needs, but still ensures that such riding is done in compliance with existing traffic regulations.
In conclusion, staff’s recommended revisions to 10.48.050 clarify that skateboards or
similar devices cannot be ridden on sidewalks or roadways in the Downtown Business District,
parking garage, parking lots or other city owned facilities, other than approved play streets or
skateboard facilities. Additionally, an allowance for responsible use by skateboards or similar
devices, so long as such use is done in a safe and prudent manner, is allowed on roadways
outside of the Downtown Business District.
FISCAL EFFECTS:
No fiscal effects.
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ALTERNATIVES:
As suggested by the City Commission.
Respectfully submitted,
______________________________
Lieutenant Rich McLane, Police Department
Attachments: (1) Ordinance 1762
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ORDINANCE NO. 1762
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY REVISING SECTION 10.44.050, PROVIDING FOR REVISIONS
TO THE LOCATIONS ALLOWED FOR USE OF TOY VEHICLES,
SKATEBOARDS, ROLLERBLADES AND ROLLER SKATES.
WHEREAS, it is the intent of the City Commission to provide for and protect the health,
safety and welfare of the citizens of Bozeman; and
WHEREAS, the Downtown Business District includes sidewalks, roadways, public
parking lots and a public parking garage; and
WHEREAS, the City Commission has previously provided direction prohibiting the use
of coasters, toy vehicle, or similar devices upon both roadways and sidewalks in the Downtown
Business District; and
WHEREAS, the City Commission recognizes the safety of citizens, public property,
vehicles and traffic flow is jeopardized by allowing for the riding of coasters, toy vehicles, or
similar devices, such as skateboards, in a public garage, city parking lot or other city facility; and
WHEREAS, the City Commission recognizes the need for safe, eco-friendly and
alternative means of transportation, such as safe and prudent riding of coasters on roadways in
areas outside of the Downtown Business District in the city.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
That Section 10.44.050 of the Bozeman Municipal Code be amended so that such section shall
read as follows:
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Section 1
10.44.050 Toy Vehicles, Skateboards, Rollerblades, and Roller Skates
A. It shall be unlawful for any person, within the Downtown Business District, to ride any
skateboard, rollerblades, roller skates, or other similar devices or operate any coaster, toy
vehicle or radio controlled vehicle upon any sidewalk or roadway.
B. It shall also be unlawful for any person, within the City limits, to ride or operate any
device referenced in subsection (A) above, within any city-owned parking garage,
parking lot, facility or structure.
C. The Downtown Business District is defined as that portion of all streets, avenues, and
sidewalks fronting the streets along Mendenhall, Main, and Babcock, including avenues
running in a north-south direction between Third and Broadway.
D. A person operating a skateboard or similar device upon a roadway shall ride as near to
the right side of the roadway as practicable except when:
(a) necessary to avoid a condition that makes it unsafe to continue along the right
side of the
roadway, including but not limited to a fixed or moving object, parked or moving
vehicle, pedestrian, animal, surface hazard, or a lane that is too narrow for a
skateboard and another bicycle or vehicle to travel safely side by side within the
lane.
(b) A person operating a skateboard or similar device upon a one-way highway with
two or
more marked traffic lanes may ride as close to the left side of the roadway as
practicable.
E. The operator utilizing any device referenced in subsection (D), if not previously required,
must utilize protective visibility gear during hours of darkness, as defined in chapter 9,
title 61, Montana Code Annotated, that renders the operator clearly visible to others
utilizing the same roadway and any intersecting roadways.
F. Every person operating a skateboard or similar device shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver of any other vehicle by
chapter 7, 8 and 9, title 61, Montana Code Annotated, except as to those provisions which
by their very nature can have no application.
G. This section shall not apply upon any street or avenue while it is set aside as a play street
as authorized by ordinance of this city, or to any skateboard facility approved in
accordance with 12.26.077 Bozeman Municipal Code. (Prior code S 11.04.395)
X-47 10/2005
Section 2
Repealer
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All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
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.
Section 4
Severability
If any portion of this ordinance or the application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other provisions of this ordinance which may be
given effect without the invalid provisions or application and, to this end, the provisions of this
ordinance are declared to be severable
Section 5
Effective Date:
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 1st day of June, 2009.
_____________________________
KAAREN JACOBSON
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
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_______________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _________th day of
________________________ 2009
_____________________________
KAAREN JACOBSON
Mayor
ATTEST:
_________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_______________________________
GREG SULLIVAN
City Attorney
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