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:
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" 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:
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---. - ".---..-- - _.~- .. - -.. -----..-..-
" 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~
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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
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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.
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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.
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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. "
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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,. "
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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~
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$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:
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__u_._
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"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:($h~!I:hm:~::p.ff!:g~grpg~m~!'h~~tt~!1h&w~JI.
pfth@@'tY::mAO~ggrs"
Section 18
Bozeman Municipal Code Section 2.48.010 is amended to read:
"2.48.010 Director 9fptiljmt::w~!f~tij designated - Powers and duties.
The pel.50l, holding the office of city 1"c!lI"!lgerqir~9t9:r!::@f~?pppliq'W~!~~:t! shall, unless
otl.elvviM oldeled by the cOI"li,ission, be the head of the department of public welfare and the
director thereof, and shall discharge all the duties prescribed by law for that officer, and as such
shall manage all charitable, correctional and reformatory institutions and agencies belonging to the
city and the use of all recreational facilities of the city, including libraries, parks and playgrounds.
He [h~;';~it@g~Q( shall have charge of the inspection and supervision of public amusements and
entertainments. He ;U,~;:qir~P19t shall enforce all laws, ordinances and regulations relative to the
preservation and promotion of public health, the prevention and restriction of disease, the
prevention, abatement and suppression of nuisances, and the sanitary inspection and supervision
of the production, transportation, storage and sale of food stuffs. He mh~n:qR~p.t.Qr shall cause a
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complete and accurate system of vital statistics to be kept. In time of epidemic or threatened
epidemic, he may enforce such quarantine regulations as are appropriate to the emergency."
Section 19
Bozeman Municipal Code Section 1 0.04.050 is amended to read:
"10.04.050 Police deplhtmeht Administration and enforcement.
It shall be the duty of the police dep8rtmentq:!t~9t9t9fp~;ni!Jq:!$~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:
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"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
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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:
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" 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.
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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:
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