HomeMy WebLinkAboutOrdinance 09- 1762 Amending BMC Section 10.44.050, Toy Vehicles, Skateboards, Rollerblades and Roller skates
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:
two or
(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 aone-way highway with
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
Reuealer
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.
Gl'~°~`'
KAAREN JACO SON
Mayor
ATTEST:
STA~U MEN CMC
City
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APPRCZVED AS~O FORM:
Attorney
FINALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 15th day of June, 2009
G
J SS
eputy ayor
ATTEST:
l_JI
TA MEN, CMC
City Clerk
APPROVFs,D,AS TO FORM:
GR G SULLIVAN
rty Attorney
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