HomeMy WebLinkAboutProvisional Adoption of Ordinance No_ 1801, R22222_7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Ron Dingman, Parks and Recreation Director
REVIEWED BY: Chuck Winn, Assistant City Manager
Chris Kukulski, City Manager
SUBJECT: Ordinance No. 1801, Revisions to Chapter 12.26 of the Bozeman Municipal
Code, Park Permits, Providing for Revisions to the Regulations and Approval of Park Permits.
MEETING DATE: February 7, 2011.
AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisionally adopt Ordinance No. 1801 amending Chapter 26,
Article II, Section 12.26 of the Bozeman Municipal Code, Park Regulations.
BACKGROUND: Chapter 26 (Park Regulations) was first codified into the Bozeman
Municipal Code in 1982. Since then there have been several amendments to this chapter, the last
being in 2000. As discussed below and as evident from the attached ordinance, Ordinance 1801
proposes a significant reform to the chapter.
While the amount of text proposed to be amended is substantial, the changes can be broken down
into two categories. First, many of the changes are intended to correspond to the changes
proposed in Ordinance 1798 for public assemblies and parades approved by the City Manager;
primarily, the intent of this category of changes is to clarify permitting for public assembly type
permits including where the authority rests, and requirements for permitting. The changes
include detailed processes and criteria for review of reservation requests and utilize very similar
processes and standards for approval.
Second, population growth over the past decade and corresponding institutional adjustments to
management of how parks and recreational facilities are managed suggest a need for many of the
amendments. The organizational chart for the City changed and now includes a Parks and
Recreation Department and a Director. There have been facilities added to the parks and
recreation inventory. Park use has increased dramatically, including the creation of park user
agreements for specific parks and facilities. With the growth of Bozeman and increased demand
for parks, provisions within Chapter 26 have been identified by the staff and administration as
needing changes or redefinition.
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For these reasons, staff is recommending the proposed changes to Chapter 26 in Ordinance 1801
SUMMARY OF MAJOR CHANGES:
Many of the changes are self-explanatory and can best be understood by a reading of the
proposed ordinance. However, to assist, I provide the following list to highlight some of the
more significant changes:
· 12.26.010 Intent:
o Included facilities and added clarification on additional purpose statements.
· 12.26.020 Definitions, pages 2 and 3:
o B. Changed “Director” from public service to parks and recreation.
o Added F, Public assembly definition.
o Added G, Recreational Facility definition.
o Added I, User Group definition.
· 12.26.030 Park Prohibitions:
o Includes recreational facilities in prohibitions and adds other prohibitions in
parks. Also, adds authority for the Director to create specific rules for individual
parks.
· 12.26.040 Park Use / General Standards for Reserving Use of a Park or Recreational
Facility:
o Modified from just park use to include recreational facilities and also included
new standards for reserving parks and recreational facilities reflective of current
practices.
o Item D, Public Address or Sound Systems. Because of neighbor complaints about
the Bogert Band Shell being too close in proximity and the sound from it being
too loud, several years ago tighter sound restrictions were placed on Bogert Park
than other Parks. Bogert is now 2 hours consecutive sound and all other parks are
3 hours.
· 12.26.050 Park and Recreational Facility Reservation Permits/Application/Alcohol
Waiver:
o Added to address permits to sell goods/services in parks and to address permits
associated with reservations.
o Moved “Permits” to 12.26.70 and changed title.
· 12.26.060 Standards of Issuance of Reservation Permit:
o Added to include the standards for reserving parks to be consistent with standards
for parade and public assembly permits.
o Moved “Hours of Operation” from 12.26.060 to 12.26.110
· 12.26.070, Sale of Articles or Services within a Park or Recreational Facility/Permits:
o Moved from 12.26.050 to 12.26.070.
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o Moved Traffic Control from 12.26.070 to 12.26.120
o Changed title from Permits to Sale of Articles or Services within a Park or
Recreational Facility/Permits
o Changed filing timeline from no earlier than 12 months to no earlier than 180
days.
o Item B. moved to Fees in 12.26.100.
o Item C. moved to Revocation of Permit in 12.26.090.
o Item E. moved to item B.
o Added under B. “that the sale of articles or services is not primarily for personal
gain provides a community benefit”
o Item F. moved to 12.26.080, Requirement for Liability Insurance, Bonding, or
other Security/Clean Up Deposit.
o Item G. moved to 12.26.080, Requirements for Liability Insurance, Bonding, or
other Security/Clean Up Deposit.
o Changed the application filing timeline from 12 months to 180 days.
· 12.26.075 has been renumbered as 12.26.130.
· 12.26.077 has been renumbered as 12.26.140.
· 12.26.080 Requirement for Liability Insurance, Bonding, or Other Security/Clean Up
Deposit.
o Added requirements for applicants to obtain liability insurance at limits
established by the City Manager.
· City Commission – Park Development renumbered as 12.26.150
· 12.26.090 Revocation of Permit
o This section is consistent with the Parade and Assembly Permit standards and
provides specific authority to revoke a permit under certain conditions.
o It is important for the Director, City Manager, Police Chief, and the Fire Chief to
all have this authority because of the many different situations that may arise and
who’s expertise and authority that would fall under.
o Violations under this chapter are recommended to be municipal infractions (civil
issue) rather than a criminal offense, unless otherwise warranted.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: No fiscal effects are anticipated with the proposed changes.
UNRESOLVED ISSUES: None
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Attachments: Ordinance 1801 for Provisional Adoption
Report compiled on: January 20, 2011
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Ordinance 1801 – Provisional Adoption
Page 1 of 15
ORDINANCE NO. 1801
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE BOZEMAN MUNICIPAL CODE BY GENERALLY
REVISING CHAPTER 12.26 TO INCLUDE PROCESSES AND STANDARDS RELATED
TO USE OF PARKS AND RECREATIONAL FACILITIES AND FOR THE ISSUANCE OF
PARK PERMITS AND PROVIDING FOR ENFORCEMENT AND PENALTIES.
NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana that:
Section 1
That the table of contents for chapter 12.26 of the Bozeman Municipal Code shall be amended to read
as follows:
“Chapter 12.26
PARK REGULATIONS
Sections:
12.26.010 Intent.
12.26.020 Definitions.
12.26.030 Park prohibitions.
12.26.040 Park Use / General Standards for Reserving a Park or Recreational Facility
12.26.050 Permits Park and Recreational Facility Reservation Permits/
Application/Alcohol Waiver.
12.26.060 Hours of Operation Standards of Issuance of Reservation Permit.
12.26.070 Traffic Control Sale of Articles or Services within a Park or Recreational
Facility / Permits.
12.26.075 Regulations pertaining to wheeled recreational devices.
12.26.077 Skateboard Facility Regulations.
12.26.080 City Commission—Park development Requirement for Liability Insurance,
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Bonding or Other Security/Clean Up Deposit.
12.26.090 Revocation of Permit.
12.26.100 Fees.
12.26.110 Hours of Operation of Parks.
12.26.120 Traffic Control.
12.26.130 Regulations Pertaining to Wheeled Recreational Devices.
12.26.140 Skateboard Facility Regulations.
12.26.150 City Commission – Park Development.
12.26.160 Enforcement.
12.26.170 Violations, Penalties.”
Section 2
That 12.26.010 of the Bozeman Municipal Code is hereby to be amended as follows:
“12.26.010 Intent.
The provisions of this chapter shall apply to all park lands in the city, whether dedicated, deed, or
otherwise acquired for park purposes and to all facilities designated for city recreational purposes.
Each application for use of a park or recreational facility shall be reviewed on a case by case basis.
This chapter seeks to impose reasonable time, place and manner controls in an appropriate and limited
manner upon events and facility uses for which permits are required. This chapter shall be
administered in a manner that seeks to allow for expression, assembly, and the exercise of religious
rights in accordance with applicable constitutional and statutory limits and controls.”
Section 3
That 12.26.020 of the Bozeman Municipal Code is hereby amended to read as follows:
"12.26.020 Definitions.
The following words and phrases, when used in this chapter, shall have the meaning given herein.
A. “Animal” means all living creatures, domesticated or wild, including mammals, fish,
reptiles, amphibians and birds shall have the meaning stated in 6.04.010.
C.B. “Director” shall mean the director of public service parks and recreation, or designee.
D.C “Domestic animals” are those which live in or about the habitations of people or which
contribute to the support of people and include but are not limited to the following:
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Horses, cows, sheep, ducks, geese, chickens, dogs, cats, goats, and other tamed animals.
E.D “Fireworks” shall have the meaning stated in 18.12.010.
. E.F. “Park” is a park, playground, recreation complex, or any other area in the city, developed
or undeveloped, owned or used by the City, and devoted to active or passive recreation.
F.G. “Public assembly” means any meeting, march, demonstration, picked line, rally, or
gathering of more than seventy-five (75) persons for a common purpose as a result of prior
planning that affects or may reasonably be expected to affect the normal flow or regulation
of pedestrian or vehicular traffic within a park or recreational facility, or occupies any park
or recreational facility in a place open to the general public.
G.H. “Recreational Facility” means a building, structure, place or other location within a park or
under the management of the City
I.J. “User group” is any group or organization that is given use of a park for an extended
period of time through a Park User Group Agreement.
J.K. “Vehicle” is any device in, upon or by which any person or property may be
transported or drawn including snowmobiles. The term shall include any trailer in tow
of any size, kind or description. Exception is made for bicycles, baby strollers and
carriages, wheelchairs, and vehicles in the service of the City Parks and Recreation
division.”
Section 4
That 12.26.030 of the Bozeman Municipal Code is hereby amended to read as follows:
“Sec. 26.02.030. Park prohibitions.
It is unlawful for any person in a park or in or adjacent to a recreational facility to:
A. Mark, deface, disfigure, injure, tamper with or displace or remove any buildings,
bridges, tables, benches, fireplaces, grills, railings, paving or paving material, water lines,
equipment, signs, drinking fountains, swimming or wading pools or other park or
recreational facility property, improvements or appurtenances whatsoever, real or
personal;
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B. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary
condition. No person over the age of six years shall use the restrooms and washrooms
designated for the opposite sex;
C. Dump dirt, grass and tree clippings or dig, remove, plant or deposit any soil, rock, sand,
stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool,
equipment or other means or agency except as authorized by the director;
D. Construct or erect any building or structure of whatever kind, whether permanent or
temporary, or run or string any public utility into, upon or across park or recreational facility
property, except on special written permit issued hereunder;
E. Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, dig in or
otherwise disturb grass areas, or in any other way injure the natural beauty or usefulness of
any area;
F. Climb any tree or walk, climb, stand or sit upon buildings, monuments, statues, vases,
planters, fountains, railings, fences or upon any other structure not designated or customarily
used for such purpose;
G. Attach any rope, cable, structure, device or other contrivance to any tree, fence, railing,
bridge, bench, building or other structure unless otherwise posted. This prohibition does not
include locking bicycles to the foregoing mentioned structures as long as no damage is done
to the structure and so long as the bicycle does not interfere with the use and enjoyment of the
park by others, and so long as the bicycle is not locked to the structure for a period of time
not to exceed 24 hours;
H. Litter or fail or refuse to deposit litter in provided garbage receptacles. Where receptacles are
not provided, all such rubbish or waste shall be carried away from the park by the person
responsible for its presence, and properly disposed of elsewhere;
I. Break glass objects and then fail to remove broken glass and safely dispose of the broken
glass in such fashion so as not to cause injury to persons or property;
J. Cause or permit any domestic animal to run loose, or fail to keep such animal under restraint,
in any park or other open space area designated by the commission as an area requiring
restraint. Further, every owner or person having custody of said dog or other domestic animal
shall remove and properly dispose of the animal's solid waste (fecal material);
K. Tie or hitch an animal to any tree or plant;
L. Pasture or pen any animal, domesticated or wild, except as authorized by the director;
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M. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any
animal, nor remove from the park or have in his possession any animal, or the eggs or nest, or
young of any animal. Exception to the foregoing is made in that snakes known to be
poisonous may be killed on sight. Exception is further made to fishing where allowed by the
Montana Department of Fish, Wildlife and Parks. This regulation does not apply to officers of
state or local government duly acting within the course and scope of their duties;
N. Ride a horse except on designated horse trails;
O. Start a fire except in facilities installed and provided for such purpose, or to fail to completely
extinguish a fire upon leaving the park;
P. Camp overnight except in designated camping areas;
Q. Display, offer to sell, or sell any article or service without first obtaining a permit from the
director pursuant to this chapter;
R. Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear, boomerang or
any other form of potentially dangerous weapon into the a park or recreational facility;
S. Be in the a park or recreational facility after being closed, either because of the night closure
or closure following public notice or posting;
T. Possess or bring fireworks into the a park or adjacent to a recreational facility, or cause the
fireworks to be ignited or exploded in the a park or adjacent to a recreational facility;
U. Skateboard, roller-skate, in-line skate, ride a bike or similar recreational device with wheels
on any tennis court or in any drained swimming pool;
V. Operate a skateboard, roller-skate, in-line skate, or ride a bike or similar recreational device
with wheels on or against any city-owned table, bench, structure, tennis court, bike rack,
parking stop, retaining wall, fountain, statue, railing, stage, or other improvement which may
suffer damage by such use;
W. Operate a skateboard, roller-skate, in-line skate, or ride a bike or similar recreational device
with wheels on or in any pavilion, except as authorized by Section 12.26.075130;
X. Practice golf with real golf balls in any park; or
Y. Drive, operate or park any vehicle or trailer on park lands or trails, except as authorized by
the director.;
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Z. Within any park, paint trees, bushes, buildings, parking lot surfaces, or sidewalks;
AA. Allow an animal, other than service animals, in a recreational facility.
The Director may create additional prohibitions which may be applicable to one or more parks or
recreation facilities.”
Section 5
That 12.26.040 of the Bozeman Municipal Code is hereby amended to read as follows:
“Section 12.26.040 Park Use / General Standards for Reserved Use of a Park or Recreational
Facility.
The following standards apply to the use, including the reserved use, of all parks and recreational
facilities:
A. Unless reserved according to the park reservation procedure adopted by the director,
established in 12.26.050, the use of the park or portion thereof by the public shall be on a
first-come, first-served basis.
B. Only parks and recreational facilities designated by the Director may be reserved for exclusive
use.
C. Tents, canopies, inflatable structures. Approval must be granted by the Director for the use
of, and prior to the assembly of, any tents, canopies, shade structures, inflatable toys, etc.
within a park.
D. Public Address or Sound Systems.
1. Public address and/or sound systems may be used within parks with the approval of
the Director. The sound system cannot be used for more than three (3) consecutive
hours in any park except as provided in 12.26.040.D.2. The use of amplified sound
shall be limited to the hours between 12:00 p.m. (noon) and 9:00 p.m.
2. Bogert Park. Public address and/or sound systems may be used within Bogert Park
with the approval of the Director. The sound system cannot be used for more than
two (2) consecutive hours. The use of a sound amplification system is limited to the
hours between 12:00 p.m. (noon) and 9:00 p.m., Monday through Saturday.
Amplified sound is prohibited in Bogert Park on Sundays.
3. Music may be played inside a structure located in a park or in a recreational facility as
long as it cannot be heard outside the structure. All music shall end by 10:00 pm.
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E. Marking the Grounds. Approval shall be obtained from the Director prior to the use of any
turf paint within any park. Only water based turf paint shall be used on any turf. Only chalk
shall be used on impervious surfaces such as sidewalks and asphalt.
F. Park User Group Agreements. The Director may enter into agreements with various Park
User Groups, with the fee for such agreements established by the Director.
1. Admission fees may be charged for events held in conjunction with a Park User
Group Agreement if approved by the Director and listed in the Agreement.
2. Articles, food, beverages or service may be sold for events held in conjunction with a
Park User Group Agreement, if so noted in the Agreement.
F. Parking spaces at a park or recreational facility are not reserved with a park reservation
permit, and all parking is on a first come, first served basis. Park reservation permits may be
denied if available parking is inadequate for the number of participants expected.
G. The Director may require a person holding a reservation permit to provide a power
generator. The use of a power generator is subject to the restrictions in 12.26.040.D.
H. The Director may require a person holding a reservation permit to provide portable toilet
facilities. The Director shall determine how many such facilities are needed and the time
frame in which they must be present. If the facilities are not removed within the timeframe
established, the City may remove them and all costs associated with removal shall be charged
to the applicant.
I. Admission fee to a permitted event cannot be charged without written approval from the
Director.
J. A person holding a reservation permit shall pick up and properly dispose of all types of litter
within the buildings and grounds.
K. The Director may establish additional rules governing the use of a park or recreational
facility by the public or a person holding a reserved use permit.”
Section 6
That 12.26.050 of the Bozeman Municipal Code is hereby amended to read as follows:
“12.26.050 Permits Park and Recreational Facility Reservation Permits / Application /
Alcohol Waiver
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A. A person seeking a park or recreational facility reservation permit shall file an application with
the Director on forms provided by the City. Applicants must be at least 18 years of age. If an
open container waiver is requested the applicant must be at least 21 years of age.
B. An application for a reservation permit shall be filed with the Director no less than fifteen (15)
working days and not more than one hundred eighty (180) days before the event is proposed
to commence. The Director may waive the minimum filing period and accept an application
filed within a shorter period if, after due consideration of the date, time, place, and nature of
the event, the anticipated number of participants, and the city services required in connection
with the event, the Director determines the granting of a waiver will not unduly burden city
services or interfere with any other previously approved or applied for event.
C. The application shall be made on a form provided by the City and shall include all information
the director deems relevant to the requested event.
D. If 75 or more participants are expected for the event a public assembly permit shall also be
required and may be issued by the Director pursuant to the standards and criteria in
12.32.150.
E. Waiver of Open Alcoholic Beverage Container. Per 9.70.020, public drinking or display or
exhibition of open alcoholic beverages (open containers) are prohibited in public parks and
recreational facilities. A waiver to this requirement may be granted per the provisions of
9.70.040. A separate application and fee are required.”
Section 7
That 12.26.060 of the Bozeman Municipal Code is hereby amended to read as follows:
“12.26.060 Hours of Operation Standards of Issuance of Reservation Permit
A. The director shall issue a permit, subject to any conditions deemed necessary and reasonable,
as provided for herein when, from consideration of the application and for such other
information as may otherwise be obtained, the Director finds:
1. The application is complete and sets forth accurately and in sufficient detail the
information required for consideration;
2. The conduct of the event will not unduly inconvenience either the public in using adjacent
public areas normally open for general public use or the City in the conduct of
governmental operations;
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3. The possibility of the event causing any noise which unreasonably disturbs, injures, or
endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary
sensitivity, as further discussed in chapter 8.30;
4. The conduct of the event will not require the diversion of so great a number of city police
officers to properly police the event as to prevent normal police protection of the city;
5. The conduct of the event is not reasonably likely to cause injury to persons or property;
6. Adequate sanitation and other required health facilities are or will be made available;
7. There is sufficient parking near the site of the event, or other arrangements made for
transportation, to accommodate the number of vehicles reasonably expected;
8. Such event is not for the primary purpose of advertising any product, goods, or event that
is primarily for private profit, unless a Park User Agreement is entered into per
12.26.040.F;
9. A reservation or public assembly permit for the same time and general location is already
granted or has been received and will be granted;
10. The conduct of a past event for the same purpose or by the same organizer and/or
organization.
B. An event may be limited as to the number of participants in the interest of adequacy of
facilities.
C. Unless otherwise agreed by the applicant, the Director shall act on an application within
fifteen (15) working days after determining that the application is complete.”
Section 8
That 12.26.070 of the Bozeman Municipal Code is hereby amended to read as follows:
“12.26.070 Traffic Control Sale of Articles or Services within a Park or Recreational Facility /
Permits.
For the purpose of maintaining control of park or recreational facility use, the following standards and
procedures are adopted in the public interest for issuing permits to sell articles or services in
connection with either a community-oriented event approved by the Commission or an event
established pursuant to a Park User Group Agreement.
A. A person seeking issuance of a permit to sell articles or services shall file an application with
the Director with the following information no less than fifteen (15) working days and not more
than 180 days prior to the date requested:
1. Name, age, telephone number, and address of applicant;
2. Name and address of sponsor of activity;
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3. Day and hours for which permit is desired;
4. The park or portion thereof for which the permit is desired;
5. Purpose of the request for permit or nature of activity;
6. Name and address of person responsible for cleanup, if different from applicant or
sponsor.
B. Standards of Issuance of Permit to Sell Articles or Services within a Park or Recreational
Facility
1. In addition to the standards listed in 12.26.060, in issuing a permit to sell articles or
services the Director shall consider whether:
a. the proposed activity or use of the park or recreational facility is appropriate for
the named park or facility and will not unreasonably interfere with or detract
from the public’s use and enjoyment of the park;
b. the proposed activity or uses that are reasonably anticipated will not include
violence, crime, or disorderly conduct;
c. the proposed activity will not entail extraordinary or burdensome expense on the
City;
d. the facilities desired have not been reserved for other use on the date and hour
requested in the application; and
e. That the sale of articles or services is not primarily for private profit and
provides a community benefit.
2. Applications meeting these standards will be issued on a first-come, first-served basis.
Section 9
That 12.26.075 of the Bozeman Municipal Code is hereby renumbered as 12.26.130.
Section 10
That 12.26.077 of the Bozeman Municipal Code is hereby renumbered as 12.26.140.
Section 11
That 12.26.080 of the Bozeman Municipal Code is hereby added to read as follows:
“12.26.080 City Commission – Park Development Requirement for Liability Insurance,
Bonding or Other Security/Clean Up Deposit.
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A. To avoid interference with protected rights of speech and assembly, any requirement
imposed for surety for performance (including but not limited to insurance, bonding, or
monetary deposits) shall be based upon needs directly associated with the event and not on
the basis of possible disruption of the event by protestors or other persons who might be
opposed to the speech or assembly. Such restriction, however, shall not apply where the
Director determines that the event is being scheduled so as to unduly and unnecessarily
create a potential for counter-protest or disruption or interference with public health, safety,
welfare, or order.
B. For events which a permit is required under this chapter, the Director shall require a valid
certificate of liability insurance with limits and requirements established by City Manager
Administrative Order naming the City as additional insured on a primary non-contributory
basis be submitted with the application or a minimum of one week prior to the event. If the
certificate is not submitted, the event cannot be held. The Director may establish standards
for acceptable Certificates of Insurance. The Director may waive this requirement upon
request by the applicant.
C. The person or persons to whom a permit is issued shall be liable for any and all loss,
damage, or injury caused to or sustained by any person or the city associated with the use
of the permit issued hereunder.”
Section 12
That a new Section 12.26.090 of the Bozeman Municipal Code is hereby added and shall read as
follows:
“12.26.090 Revocation of Permit.
The Director, City Manager, the Chief of Police, or the Fire Chief shall each have independent
authority to instantly revoke or suspend any permit issued under this chapter:
A. Upon a violation of the conditions imposed in the permit;
B. Upon violation of this chapter or any other provision of law;
C. When a public emergency arises where the municipal resources required for that
emergency are so great that deployment of municipal personnel, equipment or
services required for the permit would have an immediate and adverse effect upon
the welfare and safety of persons or property.
Such revocation shall take effect immediately, and the Director, City Manager, Chief of Police, or
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Fire Chief shall promptly notify the permittee of revocation. After revocation, the permittee may
not conduct the event, or if the event has commenced, shall immediately cause the event to be
terminated in a safe, proper manner.”
Section 13
That a new Section 12.26.100 of the Bozeman Municipal Code is hereby added and shall read as
follows:
“12.26.100 Fees.
A non refundable fee shall be paid to cover administrative costs of processing permits. All fees under
this chapter shall be set by Commission resolution. The Director may require a deposit for the rental
of any park of recreational facility. If the director requires a deposit for the rental of any park the
director shall establish standards for return and forfeit.”
Section 14
That current 12.26.060 of the Bozeman Municipal Code is hereby renumbered as follows:
“12.26.060110 Hours of Operation of Parks.”
Section 15
That current 12.26.070 of the Bozeman Municipal Code is hereby renumbered as follows:
“12.26.070120 Traffic Control.”
Section16
That current 12.26.080 of the Bozeman Municipal Code is hereby renumbered as follows:
“12.26.080150 City Commission – Park Development.”
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Section 17
That a new section 12.26.0150 of the Bozeman Municipal Code is hereby added and shall read as
follows:
“12.26.160 Enforcement
This chapter may be enforced by the Director, the City Manager, the Fire Chief, or the Police Chief.
In addition this chapter may be enforced by injunction, restraining order, declaratory relief, or such
other order as may be imposed by a court with appropriate jurisdiction.”
Section 18
That a new section 12.26.130 of the Bozeman Municipal Code is hereby added and shall read as
follows:
“12.26.170 Violations, Penalties
Any person violating the provisions of any section of this chapter or any provision or requirement of a
permit issued hereunder shall be guilty of a municipal infraction in accordance with chapter 1.24 and
shall be fined not more than five hundred dollars ($500.00). The Director or any police officer having
jurisdiction may issue a citation for a municipal infraction for a violation of this chapter. Nothing
herein shall be deemed to prevent the City from pursuing an additional action in law or equity to
recover unreimbursed costs associated with a permit or unpermitted event.”
Section 19
Repealer.
All City ordinances and parts thereof in conflict herewith are hereby superseded by this
ordinance.
Section 20
Savings Provision.
This ordinance does not affect rights and duties that matured, penalties that were incurred
or proceedings that were begun before the effective date of this ordinance.
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Section 21
Severability.
If any part of this ordinance is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this ordinance is invalid in one or more of its applications, the part
remains in effect in all valid applications that are severable from the invalid application.
Section 22
Codification Instruction.
The provisions of Sections 1 – 18 shall be codified as appropriate in Chapter 12.26 of the
Bozeman Municipal Code.
Section 23
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after second reading and final
adoption
PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a
regular session thereof held on the _____ day of______________, 2011.
____________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
288
Ordinance 1801 – Provisional Adoption
Page 15 of 15
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ____ day of February
2011. The effective date of this ordinance is the ____ day of March 2011.
__________________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM
__________________________________________
GREG SULLIVAN
City Attorney
289