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HomeMy WebLinkAboutOrdinance 01- 1537, Form of government transition plan ORDINANCE NO. 1537 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 2.01.010, 2.01.020, 2.04.040.A" 2.04.050, 2.04.080, 2.04.090.A., 2.08.010, 2.08.020, 2.16.010, 2.32.010.C., 2.32.010.D., 2.32.030.A., 2.32.050, 2.40.010, 2.44.010, 2.44.020, 2.44.030, 2.48.010, 10.04.050, 10.32.395.C., 10.56.030, 10.56.040, 10.60.010, 10.60.020.A. 12.32.060, AND 12.32.130, TO PROVIDE FOR THE ORDERLY TRANSITION FROM THE MUNICIPAL COMMISSION-MANAGER FORM OF GOVERNMENT TO THE COMMISSION- MANAGER FORM BY AMENDING THE DECLARA TION OF POLICY, DEFINITIONS, REQUIREMENTS FOR COMMISSION MEETINGS, VOTING REQUIREMENTS FOR COMMISSIONERS, POWERS AND DUTIES OF THE COMMISSION, REQUIREMENTS FOR ORDINANCES AND RESOLUTIONS, APPOINTMENT AND POWERS AND DUTIES OF THE CITY MANAGER, COMPENSATION OF CITY MANAGER, APPOINTMENT AND AUTHORITY OF CITY ATTORNEY, APPOINTMENT AND POWERS AND DUTIES OF HEALTH OFFICER, APPOINTMENT AND POWERS AND DUTIES OF DIRECTOR OF FINANCE, FISCAL YEAR, DUTIES OF CLERK OF THE COMMISSION IN ASSISTING DEPARTMENT OF FINANCE, POWERS AND DUTIES OF DIRECTOR OF PUBLIC SAFETY, POWERS AND DUTIES OF DIRECTOR OF PUBLIC SERVICE, POWERS AND DUTIES OF DIRECTOR REGARDING SEWER CONNECTIONS, DEPARTMENT OF PUBLIC SERVICE PERSONNEL, POWERS AND DUTIES OF DIRECTOR OF DEPARTMENT OF PUBLIC WELFARE, ADMINISTRATION AND ENFORCEMENT POWERS AND DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY, ENFORCEMENT OF MSU RESIDENTIAL PARKING DISTRICT, TRAFFIC ACCIDENT REPORT DUTIES, TRAFFIC VIOLA TION DUTIES, AUTHORITY OF POLICE AND FIRE OFFICERS REGARDING ENFORCEMENT, IMPOUNDMENT OF VEHICLES, POLICE PROTECTION, AND ADMINISTRATION OF PARADE OR PUBLIC ASSEMBLY PERMITS; AND REPEALING SECTIONS 2.04.100, 2.20.010, 2.40.020, 2.40.030, 2.40.040, 2.40.050, 2.48.020, PERTAINING TO THE FORM OF GOVERNMENT, HEALTH OFFICER, POLICE FORCE, FIRE FORCE, APPLICATION OF LAWS TO POLICE AND FIRE DEPARTMENTS, ENFORCEMENT OF UNIFORM BUILDING CODES, AND EMPLOYMENT OF PERSONNEL IN THE DEPARTMENT OF PUBLIC WELFARE. WHEREAS, the City Commission did, on the 21 st day of August 2000, adopt Ordinance No. 1524, placing the issue of amending the form of government from the Municipal Commission- Manager form of government with general government powers to the Commission-Manager form of government with self-government powers on the general election ballot; and WHEREAS, the City Commission did, on the 16th day of October 2000, adopt Commission Resolution No. 3406, adopting the certificate establishing the plan of government for Bozeman, Montana; and WHEREAS, at the general election held on November 7, 2000, a majority of the voting electors of the City of Bozeman voted to approve the amendment to the form of government; and WHEREAS, the City Commission desired an orderly transition from the Municipal Commission~Manager form of government with general government powers to the Commission- Manager form of government with self-government powers with minimal fiscal impact, passed Commission Resolution No. 3418; and WHEREAS, Commission Resolution No. 3418 provided that existing elected officials shall continue in their office until the end of the term for which they were elected and that pursuant to M.C.A. ~7-3-156(3), the Commission-Manager form of government with self-government powers would become effective July 1, 2001; and WHEREAS, M.C.A. ~7-3-517provides for the preparation of a transition plan for orderly transition to the new form of local government; and WHEREAS, the City Commission desires to bring about an orderly transition from the Municipal Commission-Manager form of government to the Commission-Manager form of government; and WHEREAS, that orderly transition has been facilitated through the adoption of Commission Resolution No. 3441 at the meeting held on the 14th day of May 2001. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Bozeman Municipal Code Section 2.01.010 is amended to read: "2.01.010 Declaration of policy. The proper operation of the city government requires that public officials and employees be independent, impartial and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purpose of this code of ethics is to set forth standards of ethical conduct; to assist public officials and employees in establishing guidelines for their conduct; to foster the development and maintenance of a tradition of responsible and effective public service; and to prohibit conflict between public duty and private interest. Nothing herein shall be construed to relieve any employee or official of the responsibilities set forth in Sections 2-2-104, 2-2-105, 2-2-125, 2-2-131, and 7-3 43C7 j?f9J:4.mQ~ of the Montana Code Annotated." Section 2 Bozeman Municipal Code Section 2.04.020 is amended to read: - 2 - --. .-- --------- " 2.01.020 Definitions. As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: A. " Agency" means the city commission and all other agencies, board$, committees, departments and offices of the city, without exception. B. "City" means the city of Bozeman, Montana. C. "Confidential information" means any information which is not available to the general public and which is obtained only by reason of an official's or employee's position. D. "Employee" means all individuals employed by the city and its agencies, but does not include independent contractors hired by the city, city commissioners, or dtv mp.tU9!,p~n judge. E. "Financial interest" means any ownership interest, contractual relationship, business relationship or other interest which will result in a monetary or other material benefit to an official or employee, either tangibly or intangibly which has a value of more than fifteen dollars, other than his :grn~t duly authorized salary or compensation for his services to the city, and which interest is not common to the interest of all other citizens of the city. The following financial interest shall be imputed to be those of an official or an employee of the city:-; that of a spouse or child of an official or employee; that of any prime contractor or subcontractor of the city, in which the official or employee or any member of his 9'tn~r immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. F. "Immediate family" means spouse and children. G. "Officials" means all officers and members of the city's agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate and that are not employees. H. "Personal interest" means any interest in the matter which would affect the action of the official or employee other than a financial interest, and other than an interest because of membership in or affiliation with, but not employment by a social, fraternal, charitable, service, educational, religious, governmental, health service, philanthropic, cultural or similar nonprofit institution or organization. I. "Transaction" means the offer of, or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly, or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the city or of such other person or entity, for a valuable consideration." Section 3 Bozeman Municipal Code Section 2.04.040.A is amended to read: - 3 - ---. - ".---..-- - _.~- .. - -.. -----..-..- " 2.04.040 Regular and special meetings-Open to public. A. At tel, t!.III. onQu the first Monday after the first day of January following a regular municipal election, the commission shall meet at the usual place for holding its meetings, at which time the commissioner t!nd/or commissioners elected at such regular municipal election shall assume the duties of their office. Thereafter, the city commission shall meet iI', regult!r sessiol,s I,Ot less tl,e" tvv ice each month at such place, day and hour as may from time to time be fixed by resolution of the commission. Absence of any commissioner from five consecutive regular meetings of the commission shall be effective to vacate the office of such commissioner, unless such absence is authorized by the commission by order entered in the minutes." Section 4 Bozeman Municipal Code Section 2.04.050 is amended to read: " 2.04.050 Voting. Three commissioners shall constitute a quorum, and the affirmative vote of three commissioners shall be necessary to adopt or reject any motion, resolution or ordinance, or pass any measure, unless a greater number is provided for by law. Upon every vote, the ayes and nays shall be called and recorded, end eve,y IlIotiol" lesolution or oldl,t!I,ce !Shell be leduced to vvlitil,Q en reed before the vote i.s tllkel, tl,eleol,." Section 5 Bozeman Municipal Code Section 2.04.080 is amended to read: "2.04.080 Powers and duties. The commission shall constitute the governing body, with power to clMte, establi.sl., lIboli.s1 I lIl,d 01 g81, ile office!S end fix the MllIl y 81,d COIYipensa t;OI, of ell office I .s lIl,d employee.s, except e.s hel'einefter provided; !1I8ke 81,d el,force local sal,itllly and police lIl,d other regullltiol,.5, pa.s.s .sucl, 01 dil ,,~nces as ma y be exped;el It fOI !lIlIil,t8ining and pi olllotion peace, good gOvernlllel,t end 'Vvelflll e of tl,e IIIUI,icipality and for the pelf01l1l81,ce of ell the fUI,ctiol,.5 thereof, 81,d to carry out 81,d put il,to effect ell the pOvvers by ordinlll,ce.s, le.solutions or oldel.s tl,at novv e,e 01 I,ereafter mey be granted to municipelitie.s by tl,e COI, ,.stitutiol or lavvs of tl,e .sete of Montalla, il,cluding the pOvver to pe.ss ordin8"cM, 8dopt legul8tiol,s, m~m~f;jUq,:~p.~$$:[:~I!:RY!WW\$,,:~(gJm~[h'~~$;9rq~r$:~~q~ t~[$p!q'!9u$QP#r~pqgQ~nt!&m~::gQU~~~ty:~~p:H[:[@~:~:~:~~,~[[Q:Qi:t~q$t~t~$npt::Qf~[:th~$t~;$::Af:[:M9ut~m~9r ~9::::[1h~:[[:::~tt9Yi$Hjjm[$H:@fH:m-itJ.~:::::Z:::Af'[~[[M'9m:t~:Q~::::Q'9q$:~mU&'~tgq;::::)j:~~~$$~tif9r:[:1\h~:::gp~~rHOO~Q1\::::::Qt m~:H.:~:i1ii:m~Q~[@f[[~th:~[:@:ffi.!r$:[&f::t!i@[:9!~YJf&r:~g&gy~H?H9f~h~i(::P&M(i:t$~:Y$$t$gjQ::t.~,~::~Qrp:Qt~;$I~'qq:::f@t @~ttyiH:g[iJH:tQ[:@:f:f~[9~[:'!!i~:ptQyr.$lRn$pfi~!~Z9tMQDt~h@:i::g9!q~:~HQ9Wt~d a nd a ppo i n tach ief administrative officer to be known as the "city manager," and exercise all the powers conferred on it by ClllIpte! 1 S2 of ti,e Act.s of the rifteenth Legislative A.s.se! IIbl y of the state, a.s ,~II nended; mj~!~[J?:p::g!i~:pt~r:[~[Df%~tt::~:[[Qf[:MghWh~jQQg~~tlbQ;~~~g%~$~m~Hd~~I and shall have all the powers conferred by law upon city councils insofar as the same is not inconsistent with said Chl'Jpter 1 :::;2 :e~Htt. .. - 4 - ~'~ -~._"~~ -,- -- ~..- ..~_...~-'~ -~.._--- -~~~-~.-,.-,~~,~~~-_._~'.'-"~--~ Section 6 Bozeman Municipal Code Section 2.04.090 is amended to read: "2.04.090 Ordinances and resolutions - Requirements. A. Each proposed ordinance or resolution shall be introduced in writing and shall not contain more than one ~9mpt~h@Q"$Ni@ subject, which shall be clearly stated in its title, except ordinances for the codification and revision of ordinances and general appropriation ordinances which may contain the various subjects and accounts for which monies are to be appropriated. AiD9t{t'D~D@~:m'q"$t::p~:~ppp~~g:~t:'WP~jro~~t!:Qg~:~:~U::~h~;'99*~miQ{r,PA~Y::D@'Jg$'$rth~'Q,J,:4:q~:M$'::'~p~it. AifU~Mm~::J!:r.$~::~99:Pt!Ad::~g~jl)::(@~p:IH:g:;::I'::roq~1;'ip~;t~A$~~9~:Q9::g9Pi~$['ro~'qg;~Y~H~,p!,~:::'91:~h:~''t~gR'iq~: Every ordinance or resolution passed by the commission shall be filed immediately with the clerk of the commission. The enacting clause of all ordinances passed by the commission shall be: "Be it ordained by the pity Commission of the City of Bozeman." Section 7 Bozeman Municipal Code Section 2.08.010 is amended to read: "2.08.010 Appointment - Powers and duties. A. The commission shall appoint a city manager, who shall be the administrative head of the city government and be responsible for the efficient administration of all its departments. He shall hold his office at the will of the commission. B. The powers and duties of the city manager shall be to: 1. See th~t the I~vvs lIl,d oldin~nces ~'e el,forced, 2. Appoillt lIl,d I elllOve ~II directol s of deplll tlllel,ts ~nd elllployees in the dep~ltll,e',ts, J. exercise COlltl 01 over lIlI the deplll tll,el,ts ~nd offices el Mted or whie!, IlIlIy be eh~lIted by I~vv or by' the eOllllr"lission; 4. Attend ~II meet;, '9S of tl,e commissiol" vv itl, the rigl,t to t~ke p~rt in the discussiol,s, ::;. necommend to tl,e eOI," r"lission fOI lIdoption of suel, rne~sures ~s he m~ y dee", l,eeeS.5l1l Y' 01 expedient; C. Keep the commis,sioll full y ~d v ised liS to tl,e finllncilll condition and needs of ti,e city, 7. rei fOil II sue! I othel duties liS may be pi e3cribed by III vv or be required of him by oldil,lIl,ce 01 lesolution of ti,e cOlllli,issiol1. 1'~ i[Qf:r#R~J~yv~;@n~ih~Hp~$::~g~::(~~9Iq~ipn$:~ ~ 5 ~ ., -. . ._"~_~__',,~__,_", ~ _~.~,~.,_. _ '~~ ~.'_.~'.'r__'~'_~_._ ~..~~ ... ~~.~~~.~~~__,.._ ,_,,_ _______ ~@ e~rfQ(rnFl1!i~:i,.Q:Q.IHii$:iir~q4~U#'J:::pf~:lji(tl::::~'~y~:]~\M;Qrgjo~npg,i:9f rli~Jij(!~h:~ a: AgrniQ~$11~(im~:i~U~'i.n~9tl1lj~!qg~EggY~(Qimig~; 4E ';tit~'$'1~'::::~~~~:~!!~JM::::::&(g:~:0'!~~;~;;;:~q:p~iYii~)~,Qg:,i:~,!;Wn:ifi~~~~t::m~n g~p~@~m~n~$~~g~npi~$:~fiqpff!p~i9fJtp~J9q~!9Q*~(oiro:~o~/igfii~:~*9~PW~$ 91h~MMd$~ptgyig~q:PyJ~!W9rQtg!Q~09~~ 5 g~:m1.t:~tY~:::p'gU9j~i$::~:$1~g!:i$b.~qRymi::Qq~jttf:H$;$~9io; :,,:,":~ 9:0: et~p~(~@h~9qOOro!$$!qQ:~g~'h'q~'; ~> R~qq:OOro~fiq::::iro~~$q(~~m:~~:rffi~::pgrnm,!~~!Qn:; 8. R~pmt(:::,g:}~h~:::@qrntn:!$$~qh:@Q::::l1!i~:' ijff~!(~ m~tlq ':~'iD~M:g~~t gqoq!~iQo9~:':~hglqp-i;llgqY~rO'OO~Q~:~ s, E*ij'9Y~~::~~Hg$;:::o:g!~$~}(}9nt.t~9t$:]~Hg!Wti~~~n:Q~ng~t!&o:$@! ~p~::pqmmj$$i:~'#t~::$y:bj~m:,:~Q::~h~::~Pf@9y~t:9lm~:@qm:OO:i$;$!q:Q; 1Xb Rijpqt~J~Q::th:~i::g&Hirn:i;$$:iqb::~i;th~qp:OO,ro~$$i~@:rn~M:(~qQit~j 1:'n A;t~~tlq:;:pqrnmi$$iqfim~~tjng$:i~piq:::m~Y:::~~!K&p~r:1:j,o,::::UH:~! gi$P4i$iQfW.::pqtOO~YnQ~ryq'~; :1:::21 etip~Mt::~:rtg::ipt~$~tl~:;tb~.pQ.q9~li:i]q:!:!ttl~1::~gmHii$$'Ap.:::fprij~~ IPP:tggit(IQq:::~:*~.9Y1~Im~E:pQgg~t~g9Pt~9PY::~b~(@&mm!$$i9P; :1";,% A:gp~!Ht~:::$q$p~Qq~ng(&migy~:::::~!J:~:~:~;mp:l&Y~~i9f..th~::!:g.9~!~ g9M~rQm~nt[[~xp~fp.l:::~~.:Qtb~r~i$~pt&yig~gpY::lij,&:~~~@t}9rg.i;Q~Hm~i m4i~: A!pp:gib;~:}::m~m~~t$ .....9f::t~oop&t~ry::;:;~:gy~$;gPl..: Q9rnOO'n~~:$ i$~~pH$n~gIgY[@h~.:::m~O'lg~(;" Section 8 Bozeman Municipal Code Section 2.08.020 is amended to read: "2.08.020 Compensation - Oath of office - Bond. The city manager shall receive such salary as may be fixed by the ~nnu~1 MllIl y ordin~nce, or othel yyi~e fixed by the commission. Before entering upon the duties of his office, he shall take and subscribe to the oath of office, and he shall give an official bond in such sum as may be fixed by the commission, conditioned for the faithful performance of the duties of his office, with sufficient surety to be approved by the commission, and such oath and bond shall be filed with the clerk thereof. " - 6 - -- Section 9 Bozeman Municipal Code Section 2.16.010 is amended to read: "2,16,010 City attorney - Appointment - Authority as head of department of law. A. The head of the department of law shall be an attorney at law, who has been admitted to practice in the state, and shall be known as the city attorney. J;t!:~i@Itv:~f~tptn~:\i1 shall be the legal advisor of and attorney and counsel for the city and for all the officers and departments thereof in matters relating to their official duties. lie shall pi osecute and defel,d all suits for and in behalf of the city lll,d shall prepare all COl,tlllCtS, bonds al,d otl,el' instrUl"el,ts in vvriting in vvhich the city is cOl,cerned, and shall eladorse on eac.l, I,is approval of form and correctness thereof. m~1ii]j;!~;i'1i~lprn~Yshall perform such other duties and have the authority conferred upon city attorneys by law. B. The city attorney shall be appointed by the city manager;' lInd shllll sel ve until lel"oved by him, or until his successol is lIppointed lInd qUlllifies. Before entering upon the duties of his titJUn office, he bf:ijhij shall, take and subscribed to the oath of office and give an official ................ """""""'" ................ ................ bond, if the commission shall require, in a sum to be fixed by it, with sufficient surety to be approved by the commission, and said oath and bond shall be filed with the clerk thereof. m.!1~t9!'Y @'t9~ngy shall receive such salary as may be fixed by tfi@'9'JV::i:Q.tij,n'~g.~6 lIn"ulll MllIl y ord;',lIl,ce, or otherwise fixed by ti,e COI"I (Iis,sion." Section 1 0 Bozeman Municipal Code Section 2.32.010 is amended to read: "2.32.010 Director of finance ~ Appointment - Bond - Powers and duties. C. The director of finance shall have all the authority and shall be charged with all the duties prescribed by MCA S7.3 4301, 1 :)01, et ,sect., lIl,d lIl"endme"ts tl,eleof and tl,eleto, lInd all of the laws of the State of Montana and ordinances of the city relating to the powers and duties of city treasurers of municipalities insoflll as tl,ey do not cOI,flict vvith MCA 57 3 4301, 1 :)01 et seq, except that m~:]iljtj;M~!gtQef'n@i.'H~ft shall not have charge of the purchasing of supplies for or selling property belonging to the city." Section 1 1 Bozeman Municipal Code Section 2.32.010 is amended to read: "2.32.010 Director of finance - Appointment - Bond - Powers and duties. D. The director of finance shall be appointed by the city manager lInd sl,lIlI serve UI,til I en"loved by him and untill,is SUCCe!Mr is appoillted lItrd ctualifies. Before entering upon the duties of his pth$-r office, the director of finance shall take and subscribe to the oath of office, and give an official bond in the sum of at least twenty thousand dollars, and such an additional amount as the commission may require, with sufficient surety to be approved by the commission, and said oath and bond shall be filed with the clerk thereof. Thij;Qirijp!P1f shall receive such salary as may ...................... be fixed by tt!g;:i:gI~y:m~n~g~r by the lInnual MllIl y oldinanc.e, 01 othervllise fixed by the cOI.d"issior,. " - 7 - -..- -- - Section 1 2 Bozeman Municipal Code Section 2.32.030 is amended to read: "2.32.030 Fiscal year ~ Revenue and expenditure estimates. A. The fiscal year of the city shall begin on the first day of Jt5IIUt5ry 4y!,Y. 6n-ot befole ti,e fil5t dt5y of PJovember of eacl, yeal. the %m~ city manager shall submit to the commission an estimate of the expenditures and revenues of the city departments for the ensuing year. Thereafter. and upon receipt of such estimate. the commission shall prepare and pass an appropriation ordinance." Section 13 Bozeman Municipal Code Section 2.32.050 is amended to read: "2.32.050 Assistance by the clerk of the commission ~ Oath and bond. In addition to the duties of the clerk of commission. as set forth in Section 2.04.060. and in addition to the duties prescribed by statute, the clerk of the commission shall devote all of his At:])~r time not required in the discharge of his 9.r::W~i:!t duties as clerk of the commission as aforesaid. assisting the director of finance or performing such other duties as the manager may direct, and when so assisting the director of finance. he 9:e~m~ shall work under the direction and supervision of said director. Before entering upon the duties of his office. the clerk of the commission shall take and subscribe to the oath of office, and give an official bond in the sum of at least three thousand dollars, and such additional amount as the commission may order. with sufficient surety to be approved by the commission and which said bond shall cover the duties of the clerk of the commission both as clerk and as assistant to the director of finance. which oath and bond shall be filed with the director of finance. The clerk of the commission shall receive such salary as may be fixed by the cOllllllission. and prov;ded by the anl,ut51 .!'I81lHy oldil,t5ld;e qj:tv m@b~g~:r. " Section 14 Bozeman Municipal Code Section 2.40.010 is amended to read: "2.40.010 Powers and duties of c;ity manager ~i:r~9tQr9:f:::~@PIi'9$~fli3ty. Ti,e city 11It5IIt5ger 3h811 unleM otl,elvvi.!'le ordered by ti,e commiMioll, be the hec!ld of the depc!lltlllellt of public 38fety 8nd ti,e dilectol theleof. 8nd ~1,c!l1I be the executive head of ti,e divi.!'lion of police al,d fire. illh~did~~,&t:::::Af::]l9.pm;F$i!i!f~lY$h~!J:::::p~::~hi:!lj~~~[t::@f:::::~h~g~p~:ttOO~h~;&fpq:~n~ $~f~tY-;~H~~m~m~9t~?~I\UJ.i:![(:::~h~::~q:P~rv!$'QH~hQ::q&o~t9.I"Af!m~9!lY::OO~t)~g~rjrV'@l.tn1h~~t~t$;,::::ffitl.~ q~r~p~qrY$lj~!J.:::p~:'::~~::i:i:!~~@~}ti~~Y:h~ijq:::qt::~@::giSfi~iAH::@f:p~'mgli3;:i!i!H~:E:f!r~;":,::"Y'YhghW~'g'r:$t~\@;:Ji!i!W) P9h~r~:gt~@:t:JQt~tI9Q~!::~,g:r~gOO~fi~i~gqJr~::ttii:!j$tii~,f:q:ep:9.Hg~:::prm~:t't~@hi~:et&:p~:nQriTI:~hY:~$~,rY!g~ fm,:qi!i!try-[::p9~;::~:H.'il::fq;H91i90):m~~~tgqtQt:qI::~QJ?I!ff$~f~tY-~h~!!::hij!y:~':th~(~~pqH$!.pil!!Y~Q"p~tf(UOO::mli3 $gty!q~Qrq~My-::@g~:Jm~iE:fqh;qt~9'H.; He m~:Qn~g~@r 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 inspection of plumbing and electrical vvriting :~Jt!Hg in buildings. and shall have charge of the enforcement 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. ~ 8 ~ He illh~git@g~gr shall also be charged with the enforcement of all laws and ordinances relating to weights and measures. mti~g:ir~p'9t::::~b.'~U:::jr~p@:i.'il~j:j::~qgF($~t~ty::::::~$::n$h~Uq~Ji*(ij'~:}:::qy:\m~9ity mAQ~ggrf' Section 1 5 Bozeman Municipal Code Section 2.44.010 is amended to read: "2.44.010 Director 9fj:J1g[J,m~:]~~,g!Pi designated - Powers and duties. Ti,e pel~OI, holdihg the office of city IlIahagel' ~h811, unles~ otl.ervvise ordeled by the commission mij~:[:~!f:@mqegf:::pg~!!p~~iYig~$h~!I be the head of the department of public service and the direc.tol tl,el eof, al,d $h~!J.::~grK:gng~rm~:~gpjij'!!$iqm:AQqg9,O~rg'n9f:th~gi,ym:mi:h@:g~r-i@in mA~t~r$;?:\mh~::[~!r~~~gt shall discharge all of the duties prescribed by law for that officer, and as such shall manage and have charge of the construction, improvement, repair and maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts, canals, streams and watercourses. He mh~ :::..:::'.::..::..... ~!r~pt:gt shall manage and have charge of the waterworks system owned by the city, and all buildings owned by the city, and improvements thereon, and shall have charge of the enforcement of all obligations of privately owned or operated public utilities enforceable by the city. He illfil ~.'r~p~g[r shall have charge and supervision of the making and preservation of all surveys, maps, plans, drawings and estimates for public work; and charge of the cleaning, sprinkling and lighting of streets and public places; and of the collection and disposal of waste; and charge and supervision of the preservation of contracts, papers, plans, tools and appliances belonging to the city and pertaining to the department of public service. Thi:::Q.i.r~ptQr$h~n:::t~9~!V€l$\!pb:::::$~!@[ry~$ m:~y:~:ti@nf!xig?Jty::jml:j@it:ym~m~g~r;" Section 16 Bozeman Municipal Code Section 2.44.020 is amended to read: "2.44.020 Sewer connection requirements - Director powers and duties. The I"allager 8S ~uch, or 8S director of public service-;- shall have authority to compel the making of sewer connections whenever, in view of a contemplated street improvement which has been ordered by the commission, or as a sanitary regulation, a sewer connection should in h1stfi~ qjri\ipt:ge$ judgment be constructed. He mhl~ifi\imqr shall cause written notice requiring such construction to be given to the owner of each lot or parcel of land for which such connection is to be made. Such notice shall be served by the 1,,81,8ger q:i.t~pt9t:9f:pgpnp$$ry:@~ or some person designated by him t:b~:g@~itgr&f in the manner provided for the service of summons in civil actions. Non-residents of the city, or persons who cannot be found, may be served by one publication of such notice in a daily newspaper of general circulation in the city. It shall state the time within which such connections shall be constructed, and if they are not constructed within the time specified, they may be constructed by the city and the cost thereof, together with a penalty of five percent, assessed against the lots and lands for which such connections are made. Such assessments shall be certified and collected as other assessments for street improvements." Section 17 Bozeman Municipal Code Section 2.44.030 is amended to read: - 9 - ___...n ._______ __., ___._____.. _. ___...__ ._._ _.._u ___..____________ __ . _..._ ._____...___. _.____......_.u. __u_._ .- -- .-----. --..,~'7"~--"-- -.- -- -...-- .--.--.".-- n_ . . --.". . --- .. -..-.. ..--... ---- "2.44.030 Engineer and other department personnel. In the department of public service there may be an engineer, and there shall be such officers and employees as the city manager may determine, all of whom shall work under the direction and supervision of the city m8n1'.Iger or director of public service. Before entering upon the duties of his prh&( office, the engineer shall take and subscribe to the oath of office and shall give an official bond in the sum of at least one thousand dollars, with sufficient surety to be approved by the commission, and such oath and bond shall be filed with the clerk thereof; and all other officers and employees in the department of public service shall give a bond to the city if required by the city manager, in an amount to be fixed by th~;f:~;ntY?m:~:r(ijg~(. The engineer and all ................. ................... ..... of the officers and employees in the department of public service shall receive such salary or compensation as may be fixed by the city manager~Aoq:($h~!I:hm:~::p.ff!:g~grpg~m~!'h~~tt~!1h&w~JI. pfth@@'tY::mAO~ggrs" Section 18 Bozeman Municipal Code Section 2.48.010 is amended to read: "2.48.010 Director 9fptiljmt::w~!f~tij designated - Powers and duties. The pel.50l, holding the office of city 1"c!lI"!lgerqir~9t9:r!::@f~?pppliq'W~!~~:t! shall, unless otl.elvviM oldeled by the cOI"li,ission, be the head of the department of public welfare and the director thereof, and shall discharge all the duties prescribed by law for that officer, and as such shall manage all charitable, correctional and reformatory institutions and agencies belonging to the city and the use of all recreational facilities of the city, including libraries, parks and playgrounds. He [h~;';~it@g~Q( shall have charge of the inspection and supervision of public amusements and entertainments. He ;U,~;:qir~P19t shall enforce all laws, ordinances and regulations relative to the preservation and promotion of public health, the prevention and restriction of disease, the prevention, abatement and suppression of nuisances, and the sanitary inspection and supervision of the production, transportation, storage and sale of food stuffs. He mh~n:qR~p.t.Qr shall cause a .................. . complete and accurate system of vital statistics to be kept. In time of epidemic or threatened epidemic, he may enforce such quarantine regulations as are appropriate to the emergency." Section 19 Bozeman Municipal Code Section 1 0.04.050 is amended to read: "10.04.050 Police deplhtmeht Administration and enforcement. It shall be the duty of the police dep8rtmentq:!t~9t9t9fp~;ni!Jq:!$~f~~ 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 20 Bozeman Municipal Code Section 10.32.395 is amended to read: - 10 - __u_..___. __ _.____.___....._ __ . -.--- ..- -. --..- ..-..-. -..------.- --- "10.32.395 Montana State University residential on.street parking permit regulation program C. These regulations will be enforced by the Oozemlln police department gfpylj!J~ ~~f~~Y or designee. " Section 21 Bozeman Municipal Code Section 10.56.030 is amended to read: "10.56.030 Traffic accident reports - Potice Q'~~r~m,ijJ:~U:~ijf,iU9~~t'Jt~:J;OJJ~,~i A. The p-ottee department 9fpi@pliq~~f~tY shall maintain a suitable system of filing traffic-accident reports. Accident reports or cards referring to them shall be filed alphabetically by location. S. The p-ottee departmentqtpqplip$~f~rY shall receive and properly file all accident reports made to it under state law or under any ordinance of this city, but all such accident reports made by drivers shall be for the confidential use of the p-ottee department qf::pijljliitt~~f~ty and no such report shall be admissible in any civil or criminal proceeding other than upon request of any person making such report or upon request of the court having jurisdiction to prove a compliance with the laws requiring the making of any such report." Section 22 Bozeman Municipal Code Section 1 0.56.04 is amended to read: "10.56.040 Traffic violations. Potice Q,p~'~m""tjj:Qf:::p:ijf,inp:~~t'ty4yti~~i A. The p-ottee department 9j~:pqpm@i~~f~JY or the trl~ffic9P~t~;jqtl~ division thereof shall keep a record of all violations of the traffic ordinances of the city or of the state vehicle laws applicable to street traffic in the city of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. The record shall accumulate during at least a five-year period, and from that time on the record shall be maintained complete for at least the most recent five-year period. B. All forms for records of violations and notices of violations shall be serially numbered. For each month and year, a written record shall be kept available to the public, showing the disposal of all such forms." Section 23 Bozeman Municipal Code Section 1 0.60.01 0 is amended to read: "10.60.010 Enforcement. Authority of police and fire depaltn,ent officials. A. It shall be the duty of the officers pplipij of the p-ottee departmentpfpijljl@ ~~f~:~Y or such officers as are assigned by the chief of policei;;!ir~gtQ@J~t::ip;4PHp:j$~fg~y to enforce - 11 - --- .-. .-.-....------------------.------. - ..--- ..-.-- ---- . ---- -- -------.--.. -. -.. --- .---.-. - -------.--. all street traffic laws of the city and all of the state vehicle laws applicable to street traffic in the city. B. R~n~~ officers of the pottce department Pf:PMP!Jg:;!~~;f~!Y, or such officers as are assigned by the cI,ief of police gjr1U~t9t:Pf:!:j~M~ngj:$~'f~!Y, are authorized to direct all traffic by voice, hand or signal, in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the potiee department ~f Q~jJ?:I.l~if:~:M:f~!Y may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. C. Bj:r,g officers of the tire depar'tmentij~jtiqglim;$.~f~~*, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity." Section 24 Bozeman Municipal Code Section 1 0.60.020 is amended to read: "10.60.020 Impoundment of vehicle's authorized when - Procedures required. A. Members of the p-o#ce department pf:.:pqgnmM;;~f:~;~Y 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 p-o#ce department ~f:jpMplig:$~f:~ty, 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 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 25 Bozeman Municipal Code Section 12.32.060 is amended to read: - 12 - " 12.32.060 Police protection. A. The city manager, with advice from the cI,ief of police department p~f~:~qp.H~ $~f~ty. shall determine whether and to what extent additional police protection is reasonably necessary for the parade or public assembly for traffic control and public safety. The city manager shall base this decision on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection for the public assembly is deemed necessary by the city manager, he shall so inform the applicant for the permit. The applicant then shall have the duty to secure the police protection deemed necessary by the city manager at the sole expense of the applicant." Section 26 Bozeman Municipal Code Section 12.32.130 is amended to read: "12.32.130 Notice to city and other officials. Immediately upon issuance of a parade or public assembly permit, the city manager shall send a copy thereof to the following: A. The mayor; B. The city attorney; C. The fire ~!t@qtqt@fnr~:~:AP~(~tJpm$; D. The street superintendent; E. The chief of police gjrijq'9r:,:Qf::~Q~#r9J; and F. Montana Department of Transportation if the permit is issued for a federal or state owned highway." Section 27 That the Bozeman Municipal Code be amended by repealing Sections 2.04.100, 2.20.010, 2.40.020, 2.40.030, 2.40.040, 2.40.050, and 2.48.020. Section 28 ReDealer: All resolutions, ordinances, and sections of the Bozeman Municipal Code inconsistent herewith are hereby repealed. Section 29 Severabilitv: 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. - 13 - ---- - Section 30 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. Section 31 Effective Date: This ordinance shall be effective on and after July 1, 2001. PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 14th day of May 2001. MARCIA B. YOUNGMAN, Mayor 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 29th day of May 2001. ~e~ MARCIA B. YOUNGM N, Mayor ATTEST: (]~2 ~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: - 14 - --------.--