HomeMy WebLinkAboutFinal Adoption of Ordinance No. 1798, General Revisions to Ch. 12.32, Parades and Public Assemblies.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Greg Sullivan, City Attorney
SUBJECT: Final Adoption of Ordinance No. 1798, General Revisions to Chapter 12.32
of the Bozeman Municipal Code, Parades and Public Assemblies, Providing for Revisions to the
Regulations and Approval of Parades and Public Assemblies
MEETING DATE: April 25, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: Finally adopt Ordinance No. 1798 as provided by staff thus amending
Chapter 12.32 of the Bozeman Municipal Code, Parades and Public Assemblies.
SAMPLE MOTION: I hereby move to finally adopt Ordinance 1798 as amended by the
Commission at provisional adoption and also to include the amendments suggested by staff
generally revising Chapter 12.32 of the Bozeman Municipal Code.
BACKGROUND: The Commission previously considered this ordinance on two separate
occasions: on January 31, 2011 and again on March 7, 2011. For background related to the
ordinance we provide as an attachment the staff report from the 3/7/11 hearing on provisional
adoption.
At the 3/7/11 meeting the Commission provisionally adopted this ordinance upon the following
motions:
Main Motion: It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally adopt
Ordinance No. 1798 generally revising Chapter 12.32 of the Bozeman Municipal Code. The
motion passed 4-0. It was clarified that the Ordinance amended this evening is the version
that has been included in the packet materials for this meeting that included all of the
changes from the January 31st meeting. The Commission generally agreed to add the “Spring
Bobcat Festival” as a recognized community event.
· Amendment: It was moved by Cr. Taylor, seconded by Cr. Andrus that the City
Manager be responsible for reviewing applications instead of the City Commission
and that the Commission would only hear appeals. The motion passed 4-0.
· Amendment: It was moved by Cr. Taylor, seconded by Cr. Andrus to amend the
Ordinance No. 1798, adding an additional standard of issuance which there would be
a demonstrable nexus between the purpose of the gathering and the use of Main
Street. This is for applications that seek to close Main Street. The motion passed 4-0.
144
2
· Amendment: It was moved by Cr. Mehl, seconded by Cr. Taylor to amend 12.32.070
Sub- Section E & F to clarify as the City Attorney explained.
o Section E. the last sentence shall state:….the permit holder or participants in
or attendees to the parade or public assembly.
o Section F. The city manager may grant exceptions a waiver to the
requirements of this section for city sponsored events or for other events
taking into account the general public health, safety and welfare associated
with the request for exception, as well as the liability risk associated with the
parade and or public assembly when the city manager determines…… The
motion passed 4-0.
· Amendment: It was moved by Cr. Mehl, seconded by Cr. Taylor to change
definition of Public Assembly to mean any meeting, march, demonstration, picked
line, rally, or gathering of seventy five (75) or more persons rather than the 25
persons. The motion passed 3-1 with Mayor Krauss opposed.
· Amendment: It was moved by Cr. Taylor, seconded by Cr. Andrus to amend section
I (12.32.230) to read as follows: “No parade participant shall throw, cast, or drop
candy, trinkets, or any other articles from a moving vehicle. This provision does not
prohibit a parade participant from handing providing candy or other articles directly
to the spectators provided the participant is walking.” The motion passed 3-1 with
Cr. Mehl opposed.
Subsequent Motion: It was moved by Cr. Mehl, seconded by Cr. Taylor to direct that a fee
resolution come back to the Commission that we continue to bill as we do and increase from
$100 to $250 per road closure application per incident. The motion passed 3-1 with Mayor
Krauss opposed.
Subsequent Motion: It was moved by Cr. Taylor, seconded by Cr. Andrus to direct staff to
come back to the Commission for their consideration at that time with a schedule of costs
and fees based upon actual costs to the City of whatever events are permitted for
consideration at that time. The motion tied 2-2 with Cr. Mehl and Mayor Krauss opposed.
Cr. Becker voted against the motion on 3/21/11 the result being the motion failed.
The version of the ordinance provided as an attachment to this staff memorandum reflects the
motions as made above. You will see all the changes made due to these motions reflected in the
attached ordinance in yellow highlights.
In addition to the amendments made by the Commission during provisional adoption, we
propose several additional amendments. These proposed amendments are reflected in red
highlights in the attached draft. Below we provide a brief description and rationale for the
additional changes. None of the changes are of such a nature as to require an additional hearing
unless the Commission so chooses.
· 12.32.030.G (definition of “recognized annual community event”): As the Commission
required the City Manager to review all applications there is no longer any code provision
which depends upon this definition. See deletion to Section 10 of the ordinance at pg. 10
of the ordinance. As such, we recommend deleting the definition of recognized
community event (i.e. “The List”) from the ordinance and instead include a clear
statement in the recitals that reflects the Commission’s intent regarding these listed
145
3
events. See the addition to the Recitals (pg. 1-2) and the deletion of the definition in
Section 4 of the Ordinance at pg. 5.
· 12.32.040.B (Administration/Permit Required): We suggest adding a phrase to clarify
that anytime a public right-of-way will be used a permit is required. Thus, even if an
event does not involve 75 or more people the event will be required to obtain a permit if
the event seeks to use a public right-of-way (i.e. a street closure). It is clear the intent of
this section was to require a permit for use of a public right-of-way as a public right-of-
way is clearly a city “facility;” however, we feel the addition of the phrasing makes the
requirement clearer. See Ordinance pg. 5.
· 12.32.080.B (Application): The provision shown within the red highlight was included in
previous drafts because we provided a specific timeline for the application submittal of
recognized annual community events. Because the Commission decided to have the City
Manager be the permit authority for all events the provision highlighted in red is no
longer necessary. All events will be subject to the same timeline for submittal and review.
See Ordinance at pg. 8.
· 12.32.080.C (Application): The Commission discussion included statements related to
ensuring a recurring event could apply for a permit for all scheduled dates under one
application but would need to pay a separate street closure fee for each occurrence. The
language in this section reflects that discussion. The fee scheduled to be heard subsequent
to your decision on final read of this ordinance also reflects this standard. See Ordinance
at pg. 9.
· Section 11 of the Ordinance (new section Traffic Control Plan/City Equipment): We
added the word “manager” after “city” to reflect the person with the authority to
determine if the city streets division will close the streets. See Ordinance at pg. 11.
· 12.32.150.A.21 (Standards of Issuance): The Commission upon a vote of 4-0 amended
the main motion to include a standard of issuance that required an applicant requesting to
close Main Street to demonstrate a nexus between the event and the need for the use of
Main Street (see above under the Commission’s first amendment to its main motion). The
yellow highlighted provision in this section reflects the Commission amendment.
However, we recommend deleting the Commission adopted phrase “purpose of” and
adding the phrase “as opposed to use of another location.” As to the deletion of the
phrase “purpose of” we consider the current phrasing to constitute a risk this particular
provision could be considered a content-based statement and difficult for the Commission
to meet the standard of “compelling governmental interest” and “least restrictive means.”
As for the addition of the phrasing related to another location, courts generally approve of
a city’s authority (both facially and as applied) to require an event to be held at a different
location. See Ordinance at pg. 16.
· 12.32.200 (Appeal Procedure): We suggest deleting the opening phrase because the City
Manager will now review all permits. See Ordinance at pg. 18.
Should the Commission finally adopt Ordinance 1798 it will become effective 30 days after
adoption. Any application in review at the time the ordinance becomes effective will be required
to comply with any applicable new standard.
146
4
We will provide a clean copy of the Ordinance (without the highlighted sections but showing all
applicable changes) to the Clerk for the Mayor’s signature.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Resolution No. 4341will be presented to the Commission after
consideration of the final adoption on this ordinance. The new fees will help offset street closure
costs associated with parades and public assemblies.
UNRESOLVED ISSUES: None identified.
Attachments: Ordinance No. 1798 Final Adoption (showing Commission changes and staff suggested changes).
Staff Memorandum from March 7, 2011 action item on provisional adoption.
Report compiled on: April 14, 2011.
147
Ordinance 1798 – Final Adoption
Page 1 of 25
ORDINANCE NO. 1798
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY GENERALLY REVISING CHAPTER 12.32 RELATED TO PUBLIC ASSEMBLY
AND PARADE PERMITTING AND ADDING PROVISIONS REQUIRING INSURANCE AND INDEMNIFICATION AND ENFORCEMENT AND PENALTIES FOR VIOLATIONS.
WHEREAS, on March 2, 1998, Ordinance No. 1458 was finally adopted to establish a
permit system for parades and public assemblies and the public conduct during parades and
public assemblies; and
WHEREAS, the City Commission recognizes and supports the public’s right of
assembly and free speech and to utilize designated public facilities for such purpose; and
WHEREAS, the City has an important and compelling governmental interest in
protecting property, public safety, health, and welfare, and controlling the use of streets and other
public facilities and venues; and
WHEREAS, it is the intent of the City Commission to provide for and protect the health,
safety and welfare of the citizens of Bozeman, promote residential harmony and ensure the well-
being of participants, spectators and passersby of parades and public assemblies held on public
lands; and
WHEREAS, it is the intent of the Commission that certain events, because of thier
significant historical or cultural contribution to the welfare of the citizens of Bozeman be given
148
Ordinance 1798 – Final Adoption
Page 2 of 25
recognition as annual community events and as such receive the full participation and support of
the city of Bozeman and the residents of Bozeman and which events include: Music on Main;
Christmas Stroll; Bite of Bozeman; Sweet Pea Parade; Bozeman High School Homecoming Parade; the
Montana State University Homecoming Parade; the American Legion Memorial Day Parade; the Semi-
Annual Montana State University Pep Rallies and the spring Bobcat Festival; the Downtown Business
Partnership Sponsored Cruisin’ on Main Car Show; and other City sponsored events as determined by the
city commission; and
WHEREAS, it is the intent of the City Commission to accommodate public rights of
speech and assembly consistent with that governmental interest by establishing procedures,
terms, and conditions for use of public areas and facilities for such purposes.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman Montana:
Section 1
That the table of contents for chapter 12.32 of the Bozeman Municipal Code shall be amended to
read as follows:
“Chapter 12.32
PARADES AND PUBLIC ASSEMBLIES
Sections:
12.32.010 Definitions Purpose and Intent
12.32.020 Permit Required Scope; Authority
12.32.030 Exceptions Definitions
12.32.040 Application Administration; Permit Required
12.32.050 Fees Exceptions
12.32.060 Police Protection Parade and Public Assembly Open to Public/Private For-
Profit Activities
12.32.070 Established Parade Route Requirements for Insurance, Indemnification,
Bonding or Other Security
12.32.080 Standards for Issuance Application
12.32.090 Nondiscrimination Downtown Street Closure Approval
12.32.100 Notice of Denial of Application Traffic Control Plan/City Equipment
12.32.110 Alternative Permit Temporary Closures for Residential Block Parties
149
Ordinance 1798 – Final Adoption
Page 3 of 25
12.32.120 Appeal Procedure Fees
12.32.130 Notice to City and Other Officials Police Protection; Public Services and
Other Expenses
12.32.140 Contents of Permit Public Hearing
12.32.150 Duties of Permittee Standards of Issuance of Permit
12.32.160 Prohibitions Action on Application
12.32.170 Public Conduct During Parades or Public Assemblies Alternative Permit
12.32.180 Revocation of Permit Nondiscrimination
12.32.190 Penalties Notice of Decision on Application
12.32.200 Appeal Procedure
12.32.210 Notice to City and Other Officials
12.32.220 Duties of Permittee
12.32.230 Prohibitions
12.32.240 Public Conduct During Parades or Public Assemblies
12.32.250 Revocation of Permit
12.32.260 Enforcement
12.32.270 Judicial Review
12.32.280 Violations, Penalties”
Section 2
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Purpose and Intent
The City recognizes and supports the public’s right of assembly and free speech and to
utilize designated public facilities for such purposes. At the same time, the City has an important
and compelling governmental interest in protecting property, public safety, health, and welfare,
and controlling the use of streets and other public facilities and venues. This chapter seeks to
accommodate public rights of speech and assembly consistent with that governmental interest by
establishing procedures, terms, and conditions for use of public areas and facilities for such
purposes. A second purpose of this chapter is to facilitate and manage the manner in which
public facilities that are not otherwise required for governmental operations may be made
available for use on a temporary basis for non-governmental operations.” Section 3
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Scope; Authority
This chapter applies to all public parades and assemblies that may be expected to affect
the public, the property or services of the city, or otherwise require an expenditure of time and
expense or create the potential for liability or public disturbance or other substantial concern.
This chapter also applies to requests for the use of public facilities for purposes other than
governmental operations except as provided in chapter 12.26.”
150
Ordinance 1798 – Final Adoption
Page 4 of 25
Section 4
That current section12.32.010 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.010 030 Definitions
As used in this chapter:
A. “Aggrieved Person” means a person who can demonstrate a specific, personal and
legal interest in the final decision of an application for a permit issued under this
chapter, as distinguished from a general interest such as is the concern of all members
of the community, and which interest would be specifically and personally prejudiced
by the decision or benefited by its reversal.
B. “Certified traffic control person” means a person who has completed a course or
program of training for regulating the flow of traffic upon a street, which has been
approved by the chief of police, the Montana Department of Transportation, or the city
streets superintendent.
C. “Parade” means any march, demonstration, procession, or motorcade consisting of
persons, animals, bicycles, runners/joggers/walkers or vehicles or a combination
thereof upon the streets, parks, or other public grounds facilities within the city with
an intent of attracting public attention that interferes with or has a tendency to
interfere with affects or may reasonably be expected to affect the normal flow or
regulation of traffic upon the streets, parks, or other public groundsfacilities.
D. “Parade or public assembly pPermit” means a permit as required by this chapter.
permission for assembly, parade, or use of public facilities issued pursuant to this
chapter.
E. “Public assembly” means any meeting, march, demonstration, picked line, rally, or
gathering of more than twenty-five (25)seventy five (75) or more persons for a
common purpose as a result of prior planning that interferes with or has a tendency to
interfere with affects or may reasonably be expected to affect the normal flow or
regulation of pedestrian or vehicular traffic upon the streets or other public facility, or
occupies any public area in a place open to the general public, other than a park or
recreational building or facility, as defined in chapter 12.26.
F. “Public facility” means a building, structure, place or other location or area which a
person may seek to utilize for purposes other than the normal and usual governmental
operations of the city, but excludes a public park and recreational facilities, as the
public assembly and use of all parks and recreational facilities are regulated under
chapter 12.26.
151
Ordinance 1798 – Final Adoption
Page 5 of 25
G. “Recognized annual community event” means events which have an established
historical or cultural significance to the community at large and include only the
following events to be held on Main Street: Music on Main; Christmas Stroll; Bite
of Bozeman; Sweet Pea Parade; Bozeman High School Homecoming Parade; the
Montana State University Homecoming Parade; the American Legion Memorial Day
Parade; the Semi-Annual Montana State University Pep Rallies and the spring
Bobcat Festival; the Downtown Business Partnership Sponsored Cruisin’ on Main
Car Show; and City sponsored events as determined by the city commission.
H.G. “Sidewalk” is means any area or way set aside or open to the general public for
purposes of pedestrian traffic, whether or not it is paved.
I.H. “Street” is means any place or way set aside or open to the general public for
purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way,
or median strip thereof. (Ord. 1458 § 1 (part), 1998)”
Section 5
That current section 12.32.020 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.020 040 Administration; Permit Required
A. This chapter shall be administered by the city manager or his/her designee.
B. Except as provided in this chapter, Nno person shall engage in or conduct any parade
or public assembly or use any public facility, including public rights-of-way, for
purposes other than governmental operations unless a person has a current and valid
permit therefore issued in accordance with this chapter. permit is issued by the City
manager. (Ord. 1458 § 1 (part), 1998)
Section 6
That current section 12.32.030 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.030 050 Exceptions This chapter shall not apply to the following:
A. Funeral processions.;
B. Students going to and from school classes or participating in educational activities,
provided that such conduct is under the immediate direction and supervision of the
proper school authorities.;
152
Ordinance 1798 – Final Adoption
Page 6 of 25
C. A governmental agency acting within the scope of its function. ; or
D. Spontaneous events resulting in a public assembly occasioned by news or affairs
coming into public knowledge within three days of such public assembly, provided
that the organizer thereof gives written notice to the City at least twenty-four hours
prior to such public assembly or other such notice as may be reasonable under the
circumstances.(Ord. 1458 § 1 (part), 1998)
E. The reserved use of parks or other recreational buildings and facilities. Parks and
recreational buildings and facilities are regulated under chapter 12.26.
Exceptions and waivers from requirements for payment of fees and expenses, proof of
insurance, or other security may be approved solely in accordance with applicable
sections of this chapter.”
Section 7
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Parades and Public Assemblies Open to Public/Private For-Profit Activities
A. Public assembly and parade events must be free and open to the general public. An
organizer, permittee, or participant in an event authorized under this chapter shall not
restrict the general public from access to sidewalks, businesses and residences.
B. Parades or public assembly permits that seek to utilize public facilities where the
primary purpose of the event is to advertise or promote any products, goods, services
or an event that is primarily for private profit-making purposes may be approved only
if:
1. The public facility requested is not otherwise required for use for public purposes.
2. All costs to the city, direct and indirect, are reimbursed in full by the sponsor of
the event.
3. The application satisfies all requirements of this chapter.
C. The only signs permissible on city property during a parade or public assembly
conducted primarily for private for-profit purposes are signs which identify
organizations or sponsors furnishing or sponsoring exhibits or structures used in a
parade or assembly.
D. Participant fees may be charged, if so noted on the application, and approved by the
city manager.”
Section 8
That section 12.32.070 of the Bozeman Municipal Code shall be amended to read as follows:
153
Ordinance 1798 – Final Adoption
Page 7 of 25
“12.32.070 Established Parade Route
Downtown parade route:
A. Staging Area. Staging area shall be conducted on East Main Street between Rouse
and Wallace.
B. Route of Travel. Route of travel shall commence from the staging area and travel
West on Main Street to 11th Avenue.
C. Disband Area. Disbanding shall be conducted on West Main Street between 11th
Avenue and 15th Avenue.
“12.32.070 Requirements for Insurance, Indemnification, Bonding or Other Security
A. To avoid interference with protected rights of speech and assembly, any requirement
imposed for surety for performance (including but not limited to insurance,
indemnification, 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 city manager 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. A permittee under this chapter shall obtain commercial general liability insurance
covering the permittee and/or the permittee’s organization for all activities related to
the parade and/or public assembly, including but not limited to setup, the public
assembly or parade itself, and all cleanup and takedown activities. The insurance
policy shall contain no exceptions or exclusions for activities conducted under or
related to the permitted activities. The permittee shall name the city, its officers, and
employees as additional insureds on a primary non-contributory basis. The additional
insured coverage shall be in a form acceptable to the city.
To the extent reasonably possible, such additional insured coverage shall be in the
minimum amounts of $750,000 per claimant and $1,500,000 per occurrence.
C. The insurance requirements of this section are in addition to and separate from any
other obligations contained in this section or chapter or in a permit issued under this
chapter.
D. Any liability insurance requirements for residential block parties shall be governed by
section 12.32.110, pertaining to residential block parties.
E. Applicants for a permit under this chapter shall agree in writing to defend, hold the
city and its employees and officials harmless and indemnify the city, its employees
and officials, for any and all claims, lawsuits or liability including attorneys' fees and
costs allegedly arising out of loss, damage or injury to person or person's property
154
Ordinance 1798 – Final Adoption
Page 8 of 25
occurring during the course of, in preparation of, or in any way pertaining to the
parade or public assembly which are caused by the conduct of employees or agents of
the permit holder or participants in or attendees to the parade or public assembly.
F. The city manager may grant exceptions a waiver to the requirements of this section
for city sponsored events or when the city manager determines the parade or public
assembly does not present a substantial or significant public liability or property
damage exposure for the city, its officers, agents and employees.for other events
taking into account the general public health, safety and welfare associated with the
request for exception, as well as the liability risk associated with the parade and/or
public assembly. The city manager shall consider the applicant’s proven financial
inability to obtain the required coverage. When the city manager considers requests
for exceptionswaivers, the city manager shall base the decision on the factual
circumstances presented by the applicant and decide the specific request on its merits.
Section 9
That current section 12.32.040 of the Bozeman Municipal Code shall be amended to read as
follows: “12.32.040 .080 Application
A. A person seeking a parade or public assembly permit shall file an application with the
city manager on forms provided by the city, and the application shall be signed by the
applicant.
B. For single, nonrecurring parades or public assemblies, an application for a permit
shall be filed with the city manager at least ten fifteen (15) working days and not
more than one hundred eighty days (180) before the parade or public assembly is
proposed to commence. With the exception of recognized annual community events,
applications for a permit which includes the closure of any portion of Main Street or
any portion of the streets within the core of the B-3 zoning district as defined by
18.18.010.C and pursuant to 12.32.090 shall be filed with the city manager at least
thirty (30) days prior to the event. The city manager may waive the minimum ten-day
filing period and accept an application filed within a shorter period if, after due
consideration of the date, time, place, and nature of the parade or public assembly, the
anticipated number of participants, and the city services required in connection with
the event, the city manager determines that the waiver will not present a hazard to
public safety, or if the required time frame would substantially burden protected
rights, including speech and assembly, as to matters of public concern and the
expedited review process would allow reasonable review to address substantial
matters of public safety, welfare, and convenience.
C. For parades or public assemblies held on a regular or recurring basis at the same
location, an application for a permit covering all such parades or assemblies during
that calendar year may receive approval of all recurring events within that calendar
155
Ordinance 1798 – Final Adoption
Page 9 of 25
year on one application but a separate application fee for each occurrence must be
paid. These applications shall be filed with the city manager at least sixty (60) days
and not more than one hundred eighty (180) days before the date and time at which
the first such parade or public assembly is proposed to commence. The city manager
may waive the minimum sixty (60) day period after due consideration of the factors
specified in subsection B of this section.
D. The application for a parade or public assembly permit shall set forth the following
information: be made on a form provided by the city and shall include all information
deemed relevant to the requested event.
1. The name, address, and telephone number of the person seeking to
conduct such parade or public assembly;
2. The names, addresses, and telephone numbers of the headquarters of the
organization for which the parade or public assembly is to be conducted, if
any, and the authorized and responsible heads of the organization;
3. The requested date of the parade or public assembly;
4. The route to be traveled from the established parade route listed in Section
12.32.070 or any proposed alternate route or deviation from the
established parade routes, to include:
The location of the assembly area, the location of the disbanding area, and
route to be traveled, if not the defined route.
5. The approximate number of persons who and animals and vehicles which
will constitute such parade or public assembly and the type of animals and
description of the vehicles;
6. The hours when such parade or public assembly will start and terminate;
7. A statement as to whether the parade or public assembly will occupy all or
only a portion of the width of the streets proposed to be traversed;
8. The time at which units of the parade or public assembly will begin to
assemble at any such area;
9. The intervals of space to be maintained between units of such parade or
public assembly;
10. If the parade or public assembly is designed to be held by, or on behalf of,
any person other than the applicant, the applicant for such permit shall file
a letter from that person with the City manager authorizing the applicant to
apply for the permit on his behalf;
11. The type of public assembly, including a description of activities planned
during the event;
12. A description of any recording equipment, sound amplification equipment,
banners, signs, or other attention-getting devices to be used in connection
with the parade or public assembly;
13. The approximate number of participants (spectators are by definition not
participants);
14. The approximate number of spectators;
15. A designation of any public facilities or equipment to be utilized; and
156
Ordinance 1798 – Final Adoption
Page 10 of 25
16. Any additional information that the City manager finds reasonably
necessary to a fair determination as to whether a permit should issue. (Ord.
1458 § 1 (part), 1998)
E. If an application for a permit is denied, the city assumes no liability for expenses
incurred by the applicant.”
Section 10
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Downtown Street Closure Approval
A. Applications for recognized annual community events shall be reviewed by the city
manager.
B. Applications for other events that request the closure of any portion of Main Street or
any portion of the streets within the core of the B-3 zoning district as defined by
18.18.010.C shall be reviewed by the commission. This requirement may be waived
by the city manager.”
Section 11
That a new section shall be added to the Bozeman Municipal Code to read as follows: “ Traffic Control Plan/City Equipment
A. Applications for parades, public assemblies, residential block parties, fun runs and
other similar events that include a street(s) closure must provide a complete traffic
control plan that complies with the Manual on Uniform Traffic Control Devices.
Permittees of events requiring a traffic control plan must ensure requirements of the
traffic control and barricade plan are met. Automobiles, trucks or other large, heavy
objects are not acceptable barricades. Barricades in place at night must have lights.
This plan shall include a map or sketch of the route, identify individuals who will be
present at intersections, including their affiliation and proof of traffic control
certification, if applicable, types of personal safety equipment, and types of
barricades. If a street is not closed, but traffic will be stopped for participants to
cross, certified traffic control persons must be used.
B. The requirement in subsection A may be waived by the city manager if it is
determined that the closure can safely be done by the organizer using approved
barricades/signage. At the discretion of the city manager, barricades and signage may
be obtained from the city streets division only upon submittal of a deposit in an
amount to be established by the city manager. The applicant shall pay for any signage
and barricades that are damaged or not returned to the city streets division. If signage
157
Ordinance 1798 – Final Adoption
Page 11 of 25
and barricades are not available from the city streets division, the permittee must
obtain them from a private sign company.
C. The requirement in subsection A may be waived by the city manager if it is
determined the closure(s) will be done by the city streets division, with or without a
fee for the service.
Section 12
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Temporary Closures for Residential Block Parties.
Residential block parties may be permitted by the city manager pursuant to the criteria in
section 12.32.150 at residential locations not involving closure of any arterial or collector streets
and only during the hours between 8:00 a.m. and 9:00 p.m. subject to the following conditions:
A. The applicant shall contact in writing all abutting or adjacent property owners and
residents (if a property is not owner-occupied) within the area to be closed as well as the
property owners on the corner lots immediately across the intersection on the opposite
side of the street closure. The applicant shall provide written documentation to the city
manager at the time of application indicating each of the above described property
owner/residents consent to or oppose the application.
B. The applicant must have an approved traffic control plan in accordance with section
12.32.100 and shall be solely physically and financially responsible for obtaining, placing
and removing any required barricades or traffic control devices.
C. The applicant to the extent reasonably possible shall provide liability insurance protecting
themselves as well as naming the city, its officers and employees, as an additional
insureds.
D. The applicant and participants shall comply with any conditions imposed on the permit.
E. Applicants for a permit under this chapter shall agree in writing to defend, hold the city
and its employees and officials harmless and indemnify the city pursuant to section
12.32.070.E.
Section 13
That current section 12.32.050 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.050 120 Fees/Cost Recovery
A. A non-refundable fee shall be paid to the city at the time of application to cover
administrative costs of processing the permits. shall be paid to the City by the
158
Ordinance 1798 – Final Adoption
Page 12 of 25
applicant when the application is filed. The All fees under this chapter shall be set by
resolution of the City commission. If the city manager requires a deposit for the
parade or public assembly the city manager shall establish standards for return and
forfeit.
B. If the application is for the use of any city property or if any city services shall be
required for the parade or public assembly, the applicant shall pay, prior to the
issuance of a permit, the costs for those services in accordance with a schedule of
service costs approved by the City commission by resolution, or assessed by the city
manager as authorized under this chapter. (Ord. 1458 § 1 (part), 1998)
C. If a permittee fails to pay costs or take actions required under this chapter, the city,
after requesting the permittee for payment, may draw upon any deposit provided
under 12.32.120.A or may seek to recover such costs from the permittee or other
responsible person by appropriate legal action. If the City prevails in any such action
for recovery, it shall be entitled to reimbursement of any costs incurred in seeking
such recovery, including court costs and attorneys’ fees. Cost recovery from
permittees and participants shall be focused upon the conduct of the permittees and
authorized participants and not on conduct of observers or other over whom permittee
cannot reasonably be expected to exercise control.
Section 14
That current section 12.32.060 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.060 130 Police Protection; Public Services and Other Expenses
A. Police Protection.
1. If possible, without disruption of ordinary police services or compromise
of public safety and welfare, regularly scheduled on-duty police personnel
shall police the event.
2. The city manager, with advice from the Department of Public Safety-
Police, chief of police, 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 and welfare, including
public convenience. The city manager shall base this a decision regarding
required police protection on relevant criteria including, but not limited to,
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 of preempt citizen travel and use of the
streets and sidewalks.
3. The speech content of the event shall not be a factor in determining the
amount of police protection necessary, except when the applicant’s speech
is determined to have reasonable potential to cause, or will have the result
159
Ordinance 1798 – Final Adoption
Page 13 of 25
of causing, public alarm, disruption, falsehood, or which will constitute
any form of expression that is not protected under the laws or constitution
of Montana or the United States.
4. 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 the city manager 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. (Ord. 1640 § 9, 2005; Ord. 1537 § 25, 2001; Ord.
1458 § 1 (part, 1998)
B. Public Services. The city manager shall determine if the applicant shall be required
to pay for or provide additional public services-related actions such as lighting, refuse
receptacles and pick-up, traffic control signs, devices or personnel.
C. Other Expenses. In circumstances where the event itself may be expected to cause
the city to incur additional, extraordinary expenses, the city manager shall identify
such expenses and the basis for determining them to be extraordinary. Such expenses
may be imposed upon the applicant as a condition of approval of the permit.
D. Persons engaging in parades or public assemblies conducted for the sole purpose of
public issue speech protected under the First Amendment are not required to pay for
any police protection or public services or other expenses provided by the city. Section 15
That section 12.32.140 of the Bozeman Municipal Code shall be amended to read as follows:
“12.32.140 Contents of Permit
Each parade or public assembly permit shall state the following information:
A. Name, address, and telephone number of parade or public assembly chairperson
or person leading such activity;
B. Starting and approximate ending time;
C. Minimum speed of parade units;
D. Maximum speed of parade units;
E. Maximum interval of space to be maintained between parade units;
F. The portions of the streets that may be occupied by the parade or public assembly;
G. The maximum length of the parade in miles or fractions thereof; and
H. Such other information as the City manager shall find necessary to the
enforcement of this chapter. (Ord. 1458 § 1 (part), 1998)
“12.32.140 Public Hearing
160
Ordinance 1798 – Final Adoption
Page 14 of 25
A. At any time during consideration of an application, the city manager may determine it
is necessary to conduct a public hearing to the extent possible on the application to
determine the nature of public concerns with the proposed event and whether such
concerns should require denial of the application or imposition of conditions. The
public hearing shall be limited to concerns that are unrelated to content of speech or
purposes of the assembly or event except to the extent that concerns address matters
such as those specified as appropriate for consideration in this chapter.
B. A public hearing, if held, shall be scheduled to allow action on the application within
the time frames established under this chapter. If a hearing cannot be scheduled
within the timeframes established by this chapter, the city manager may suspend such
timeframes only for the time necessary to allow for scheduling, noticing, and
conducting of a public hearing. The city manager shall provide notice of the hearing
to the applicant and the public by normal posting/publication requirements and such
additional notice to potentially affected persons as is reasonably determined to be
appropriate.”
Section 16
That current section 12.32.080 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.080150 Standards of Issuance
Each application 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.
A. The city manager shall issue a permit, subject to any conditions he deems deemed
necessary and reasonable, as provided for herein when, from consideration of the
application and for such other information as may otherwise be obtained, he the city
manager finds that:
1. The application is complete and sets forth accurately and in sufficient detail
the information required for consideration.
2. The conduct of the parade or public assembly will not unduly inconvenience
either the public in using public areas normally open for general public use or
the city in the conduct of governmental operations;
3. 1. The conduct of the parade or public assembly will not substantially
interrupt the safe and orderly movement of other pedestrian or vehicular
traffic in the vicinity of its route or location;
4. 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, pursuant to chapter 8.30.
161
Ordinance 1798 – Final Adoption
Page 15 of 25
5. 2. The conduct of the parade or public assembly will not require the diversion
of so great a number of city police officers to properly police the line of
movement and the areas contiguous thereto as to prevent normal police
protection of the city;
6. 3. The concentration of persons, animals, and vehicles at public assembly
points of the parade or public assembly will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas contiguous to such
public assembly areas;
7. 4. The conduct of the parade or public assembly is not reasonably likely to
cause injury to persons or property;
8. 5. The parade or public assembly is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays en
route;
9. 6. Adequate sanitation and other required health facilities are or will be made
available in or adjacent to any public assembly areas;
10. 7. There are sufficient parking places near the site of the parade or public
assembly to accommodate the number of vehicles reasonably expected;
11. 8. The applicant has secured the police protection, or otherwise arranged for
event security if any, required pursuant to under Section12.32.060 130;
12. The applicant has paid or provided for payment of any expenses or costs as
may be required under the provisions of this chapter.
13. 9. Except as the city manager may determine pursuant to section 12.32.060,
such parade or public assembly is not for the primary purpose of advertising
any product, goods, or event that is primarily for private profit, and the parade
or public assembly itself is not primarily for profit. The prohibition against
advertising any product, goods or event shall not apply to the signs identifying
organizations or sponsors furnishing or sponsoring exhibits or structures used
in the parade;
14. 10. No parade or public assembly permit application for the same time and
general location is already granted or has been received and will be granted;
15. 11. A parade or public assembly permit application for the same time but for a
different location is already granted or has been received and will be granted,
and the police resources or other public services required for that prior parade
or public assembly are so great that in combination with the subsequent
proposed application, the resulting deployment of police or other public
services would have an immediate and adverse effect upon the welfare and
safety of persons and property; and
12.No event is scheduled elsewhere in the city where the police resources
required for that event are so great that the deployment of police services for
the proposed parade or public assembly would have an immediate and adverse
effect upon the welfare and safety of persons and property
16. The conduct of a past parade or public assembly for the same purpose or by
the same organizer/organization was acceptable.
17. The event has no significant financial impact on city resources for events
scheduled on holidays and weekends.
162
Ordinance 1798 – Final Adoption
Page 16 of 25
18. The number of hours a street(s) is requested to be closed will not significantly
affect vehicular and pedestrian access to commercial and residential
properties.
19. A new event that requests the closure of a collector and/or arterial street(s)
would benefit more than just a limited number of individuals.
20. A street closure is necessary for the safety of the event participants, rather
than just for the convenience of the event.
20.21. For events which seek the closure of any portion of Main Street the
applicant must demonstrate a nexus between the purpose of the event and the
need for use of Main Street as opposed to use of another location.
B. An event may be limited as to the number of participants in the interest of safety,
health, public order, and adequacy of facilities and security by order of the city
manager, chief of police or fire chief.
BC. No permit shall be granted that allows for the erection or placement of any structure,
whether permanent or temporary, on a city street, sidewalk, or right-of-way unless
advance approval for the erection or placement of the structure is obtained from the
city manager. (Ord. 1458 § 1 (part), 1998)”
Section 17
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Action on Application
A. Within five (5) working days upon receiving an application, the city manager
shall determine if the application is complete or if any additional preliminary
information is required. An incomplete or insufficient application suspends the
review times provided in this section until the information requested is provided
to the city. If additional information is required, the city manager shall so inform
the applicant, and the applicant shall provide such required information prior to
further consideration of the application. The requirement to supplement the
application at this stage does not prevent the city from requiring additional
information during its review and action on the application.
B. After accepting an application as complete, the city manager shall forward it for
review and recommendation to the chief of police, streets division, any other
municipal employee, official, or board deemed appropriate. The application shall
also be referred to the Montana Department of Transportation and the Gallatin
County road superintendent if the event could affect the state or county
transportation system. Applications for events in the downtown area shall also be
forwarded to the Downtown Bozeman Association. Such review and
recommendation shall occur within five (5) business days unless that period is
extended by the city manager.
163
Ordinance 1798 – Final Adoption
Page 17 of 25
C. After receiving comments and recommendations from the reviewing agencies and
after considering such other information as deemed appropriate, the city manager
may require the applicant to submit additional information or respond to the
reviews and recommendations or impose such conditions as are appropriate under
the circumstances.
D. If the city manager determines an event has the potential of adversely affecting
the public or a substantial number of persons, the city manager may determine
that a public hearing is required, in which case 12.32.140 shall apply. In such a
case, the timelines for review as established in this section shall be suspended
until completion of the public hearing.
E. Upon completion of the foregoing, the city manager shall act on the application.
The city manager may approve, amend, approve with conditions or deny the
application. For any action other than approval as submitted, the City manager
shall include a brief summary of the reasons for the decision.
G. Unless otherwise provided in this chapter or agreed to by the applicant, the city
manager shall act on an application within fifteen (15) working days after
determining that the application is complete.”
Section 18
That current section 12.32.110 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.110 170 Alternative Permit
A. The city manager, in denying an application for a parade or public assembly
permit, may authorize the conduct of the parade or public assembly at a date,
time, location, or route different from that named by the applicant. An applicant
desiring to accept an alternate permit shall, within five (5) days after notice of the
action of the city manager, file a written notice of acceptance with the city
manager.
B. An alternate parade or public assembly permit shall conform to the requirements
of, and shall have the affect of, a parade or public assembly permit issued under
this chapter. (Ord. 1458§ 1 (part), 1998)”
Section 19
That current section 12.32.090 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.090 180 Nondiscrimination
164
Ordinance 1798 – Final Adoption
Page 18 of 25
A. The city manager shall uniformly consider each application upon its merits and shall
not discriminate in granting or denying permits under this chapter based upon
political, religious, ethnic, race, disability, sexual orientation or gender related
grounds or other criteria that would constitute a violation of state or federal law. (Ord.
1458 § 1 (part), 1998)
B. To achieve the purposes of this chapter without undue interference with protected
rights of speech and assembly, decisions to issue, deny, or conditionally approve
permits shall not be based on the content of a message associated with the event
absent a compelling governmental interest. Notwithstanding that general standard,
protections otherwise applicable to speech and assembly are limited and may not
extend to speech or assembly that is intended to or has the result of causing public
alarm, disruption, falsehood, or other form of expression that is not protected under
the laws or constitution of Montana or the United States.” Section 20
That current section 12.32.100 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.100 190 Notice of Denial Decision on Application
The city manager shall act promptly upon a timely filed application for a parade or public
assembly permit but in no event shall grant or deny a permit less than forty-eight (48) hours prior
to the event. If the city manager disapproves, approves with conditions, or otherwise modifies
the application, he the city manager shall notify the applicant of the decision either by personal
delivery or regular or electronic mail certified mail at least forty-eight (48) hours prior to the
event of his action and state the reasons for such action denial. (Ord. 1458 § 1 (pm), 1998)”
Section 21
That current section 12.32.120 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.120 200 Appeal Procedure
A. Except for decisions by the commission under 12.32.090.B, An aggrieved person
shall have the right to appeal the denial city manager’s decision of a parade or public
assembly permit to the city commission. Prior to filing of an appeal with the
commission, the appellant shall, within five (5) business days of the city manager’s
decision, request the city manager reconsider the decision. The city manager shall
have five (5) days to issue a decision on the request to reconsider. The denied
applicant shall make the appeal within five days after receipt of the denial by filing a
written notice with the city manager and a copy of the notice with the clerk of the
Commission. The city commission shall consider the appeal at the next regularly
165
Ordinance 1798 – Final Adoption
Page 19 of 25
scheduled meeting following the notice of appeal, provided that the receipt of the
notice is received prior to the deadline for submission of new agenda items.
B. An aggrieved person may, only after complying with 12.32.200.A, file a written
appeal with the commission through the city clerk with a copy to the city manager not
later than five (5) days after the City Manager’s decision on the request for
reconsideration. The appeal shall state with specificity the grounds for the appeal.
1. The commission shall hear the appeal at the next regularly scheduled
meeting following the accepted notice of appeal, provided that the receipt
of the notice is received prior to the deadline for submission of new
agenda items.
a. The appeal hearing shall be limited to the grounds stated in the
appeal unless the commission for good cause determines to hear
other issues or concerns.
b. The appellant, applicant (if not the appellant), the city manager and
other persons directly affected may speak or submit evidence at the
hearing. Public comment will be accepted.
c. The commission shall make a determination on the appeal at the
meeting, unless the applicant agrees to a continuance. The city
clerk shall issue the commission’s decision in writing to the
applicant either by personal delivery, or regular or electronic mail.
B. In the event that the city commission rejects an applicant’s appeal, the applicant
may file an immediate request for review with a court of competent jurisdiction,
but in no event may the request for review be filed later than thirty days after the
commission’s rejection. (Ord. 1458 § 1 (part), 1998)”
Section 22
That current section 12.32.130 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.130 210 Notice to City and Other Officials
Immediately upon the 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 chief Director of Fire Operations;
D. The director of public services Street Superintendant;
E. The chief of police Director of Patrol; and
F. Any other entity determined by the city manager to be affected by the permit.
Montana Department of Transportation, if the permit is issued for a federal or
state owned highway. (Ord. 1537 § 26, 2001; Ord. 1458 § 1 (part), 1998)”
166
Ordinance 1798 – Final Adoption
Page 20 of 25
Section 23
That current section 12.32.150 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.150 220 Duties of Permittee
A. A permittee hereunder shall comply with all requirements of this chapter, permit
directions and conditions and with all applicable laws and ordinances in effect at
the time of the event.
B. The parade or public assembly chairman or other person heading such activity
shall carry the parade or public assembly permit upon his person during the
conduct of the parade or public assembly.
C. The permittee or parade or public assembly chairperson or other person heading
such activity shall notify all parade or public assembly participants of the
conditions of this chapter. (Ord. 1458 § 1 (part), 1998)”
Section 24
That current section 12.32.160 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.160 230 Prohibitions
In addition to any other prohibitions set forth in this chapter, Tthe following prohibitions
shall apply to all permits for parades and public assemblies:
A. It is unlawful for any person to stage, present, or conduct any parade or public
assembly for which a permit is required without first having obtained a permit as
herein provided.;
B. It is unlawful for any person to participate in a parade or public assembly for
which a permit is required if the person knows a permit has not been granted.;
C. It is unlawful for any person in charge of, or responsible for the conduct of, a duly
licensed parade or public assembly to knowingly fail to comply with any
condition of the permit.;
D. It is unlawful for any person to engage in any parade or public assembly activity
that would constitute a substantial hazard to the public safety or that would
materially interfere with or endanger the public peace or rights of residents to the
quiet and peaceful enjoyment of their property.;
167
Ordinance 1798 – Final Adoption
Page 21 of 25
E. It is unlawful for any person to carry any sign, poster, plaque, or notice, unless
such sign, poster, plaque, or notice is constructed or made of a cloth, paper, or
cardboard material.;
F. It is unlawful for any person participating in a parade or public assembly to utilize
sound amplification equipment at decibel levels that exceed those limits imposed
by the Bozeman Municipal Code this code.;
G. It is unlawful for any person to ride, drive, or cause to be ridden or driven any
animal or any animal-drawn vehicle upon any public street, unless specifically
authorized by the permit.;
H. It is unlawful for any person in a parade or public assembly to deviate from the
established parade route or approved parade route, whichever is applicable.; and
I. No parade participant shall throw, cast, or drop candy, trinkets, or any other
articles from a moving vehicle. A violation of this provision shall result in a one-
hundred-dollar ($100.00) fine for each occurrence. This provision does not
prohibit a parade participant from handing providing candy or other articles
directly to the spectators provided the participant is walking.. (Ord. 1458 § 1
(part), 1998)
J. It is unlawful for any person to engage in public drinking, public display, or
exhibition of open alcoholic beverages (open container) during parades and public
assemblies unless an open container waiver has been granted pursuant to chapter
9.70.
Section 25
That current section 12.32.170 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.170 240 Public Conduct During Parades or Public Assemblies
A. No person shall unreasonably hamper, obstruct or impede, or interfere with any
parade or public assembly or with any person, vehicle, or animal participating or
used in a parade or public assembly.
B. No driver of a vehicle shall drive between the vehicles or persons comprising a
parade or public assembly when such vehicles or persons are in motion and are
conspicuously designated as a parade or public assembly.
C. No person shall advance toward or go between the vehicles comprising a parade
or public assembly when such vehicles are in motion and are conspicuously
designated as a parade or public assembly.
168
Ordinance 1798 – Final Adoption
Page 22 of 25
D. The city manager shall have the authority, when reasonably necessary, to prohibit
or restrict the parking of vehicles along a street constituting a part of the route of a
parade or public assembly. The city manager may require the applicant to post
signs to that effect, and if so it shall be unlawful for any person to park or leave
unattended any vehicle in violation thereof. No person shall be liable for parking
on a street that was not posted in accordance with this section. unposted in
violation of this chapter. (Ord. 1458 § 1 (part), 1998)
Section 26
That current section 12.32.180 of the Bozeman Municipal Code shall be amended to read as
follows:
“12.32.180 250 Revocation of Permit
The city manager, the chief of police, and the fire chief shall each have the independent
authority to revoke or suspend a parade or public assembly permit instantly:
A. Upon a violation of the conditions imposed in the permit;
B. Upon violation of standards for issuance as set forth in this chapter; or
C. When a public emergency arises where the police municipal resources required for
that emergency are so great that deployment of police municipal personnel,
equipment or services for the parade or public assembly would have an immediate
and adverse effect upon the welfare and safety of persons or property. (Ord. 1458 § 1
(part), 1998).
Such revocation shall take effect immediately, and the city manager, chief of police or
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 27
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Enforcement
This chapter may be enforced by 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.”
169
Ordinance 1798 – Final Adoption
Page 23 of 25
Section 28
That a new section shall be added to the Bozeman Municipal Code to read as follows:
“ Judicial Review
After complying with the requirements of section 12.32.120, an aggrieved person may
file a request for judicial review of a decision by the city commission made pursuant to this
chapter section 12.32.200 or section12.32.090.B. The request for review shall be filed no later
than thirty (30) days after the commission’s action.
Section 29
That current section 12.32.190 of the Bozeman Municipal Code shall be amended to read as
follows: “12.32.190 280 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 misdemeanor municipal infraction
in accordance with chapter 1.24 and shall be, upon conviction, be punished by a fined not to
exceed more than five hundred dollars ($500.00). or by imprisonment for a term not to exceed
six (6) months or by both such fine and imprisonment. (Ord. 1458 § 1 (part), 1998) Nothing
herein shall be deemed to prevent the city from pursuing an action in law or equity to recover
unreimbursed costs associated with a permit or unpermitted event.”
Section 30
Codification Instruction
The provisions of this ordinance shall be codified as indicated herein and all new sections
shall be codified as follows: Section 1 at 12.32.010; Section 2 at 12.32.020; Section 7 at
12.32.060; Section 10 at 12.32.090; Section 11 at 12.32.100; Section 12 at 12.32.110; Section 17
at 12.32.160; Section 27 at 12.32.260; and Section 28 at 12.32.270.
Section 31
Repealer
All provisions of the ordinances of the city of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the city of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
170
Ordinance 1798 – Final Adoption
Page 24 of 25
Section 32
Savings Provision
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance.
Section 33 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 34 Effective Date
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY PASSED by the City Commission of the city of Bozeman, Montana
on first reading at a regular session thereof held on the 7th day of March 2011.
____________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
171
Ordinance 1798 – Final Adoption
Page 25 of 25
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 25th day of
April, 2011. The effective date of this ordinance is the 25th day of May, 2011.
__________________________________________
JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM
__________________________________________
GREG SULLIVAN
City Attorney
172
1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Greg Sullivan, City Attorney
REVIEWED BY: Chuck Winn, Assistant City Manager
SUBJECT: Ordinance No. 1798, General Revisions to Chapter 12.32 of the Bozeman
Municipal Code, Parades and Public Assemblies, Providing for Revisions to the Regulations and
Approval of Parades and Public Assemblies
MEETING DATE: March 7, 2011
AGENDA ITEM TYPE: Action
RECOMMENDATION: Provisionally adopt Ordinance No. 1798 amending Chapter 12.32 of
the Bozeman Municipal Code, Parades and Public Assemblies.
SAMPLE MOTION: I hereby move to provisionally adopt Ordinance 1798 generally revising
Chapter 12.32 of the Bozeman Municipal Code.
The Commission previously considered this Ordinance on January 31, 2011. Motions were
passed to:
1) amend 12.32.030.F, definition of “Recognized Annual Community Event” to include the
American Legion Memorial Day Parade, Downtown Bozeman Partnership’s Cruisin’ on
Main Car Show, semi-annual MSU pep rallies, and City of Bozeman sponsored events;
and
2) delete Section 12 of the Ordinance, 12.32.110 Established Parade Routes.
In addition, several changes were discussed at the January 31, 2011 meeting, and a motion to
provisionally adopt the Ordinance was continued for three weeks to give staff time to investigate
the issues raised. Staff set the review day for March 7 to ensure the Ordinance was considered at
a meeting when all Commissioners were scheduled to be present.
A majority of the following information was contained in the January 31 commission memo.
Because the information is still relevant, it has been retained in this memo. New information is
shown in bold lettering. Included in the packet are two revisions of the Ordinance. One is a
“clean” Ordinance that shows deletions from current Chapter 12.32 in strike-out and additions in
underline. In an effort to provide the information in a manner that distinguishes changes from
the January 31 edition, we provide a second version of the ordinance that shows all new material,
whether deleted or added, in yellow highlight. An explanation of the changes is also provided in
the margin.
173
2
Staff attempted to make changes that were supported by a majority of the Commission. Changes
that were discussed but were not clearly supported by a majority of the Commission are
discussed in the Alternatives section of this memorandum.
BACKGROUND: The ordinance to initially add chapter 12.32 governing the regulation and
review of parades and public assembly permits to the Bozeman Municipal Code was finally
adopted on March 2, 1998. At that time, and until approximately mid-2003, the Montana
Department of Transportation allowed the city to close a portion of Main Street for up to four
public events per year. Those events were Christmas Stroll, Sweet Pea Parade, Bozeman High
School Homecoming Parade and MSU Homecoming Parade. After that time, the local MDT
representatives left it up to the city how many times we would allow the street to be closed.
In the past few years, a greater number and larger variety of events have requested street closure
and public assembly permits for Main Street as well as other streets throughout the city. In
calendar year 2010, Main Street, or portions thereof, was closed 28 times.
To ensure a more complete review of applications, an update of the chapter is needed.
Administrative-type sections were added or amended including: Purpose and Intent; Scope;
Authority; Established Parade Routes; Nondiscrimination; Enforcement; Judicial Review; and
Violations, Penalties, etc. Minor housekeeping changes are also included. As approved by the
commission on January 31, the established parade route section was deleted.
The current provisions of chapter 12.32 and the majority of the modifications proposed in the
attached ordinance are modeled after the International Municipal Lawyer’s Association’s model
“Parade and Public Assembly Ordinance”.
SUMMARY OF MAJOR CHANGES:
· Section 4, 12.32.030 Definitions, pages 3-5: Added definitions for:
· “Aggrieved Person” to refine who can appeal. This definition is identical to the
definition of “aggrieved person” in the Uniform Development Ordinance (UDO),
and is similar to the definition of aggrieved person found in the Montana
Subdivision and Platting Act. It is important to note that although this
definition purports to limit those who can quality to bring an appeal of a
decision, in practice this provision should be construed in favor of a person
seeking to challenge a decision related to the exercise of a first amendment right.
· “Certified traffic control person”. For several years we have required “certified
flaggers” be used in situations where a street is not closed but runners, marchers,
cyclists want to have the right-of-way at intersections. This provides the definition.
· “Public facility”. Includes public buildings other than park or recreational buildings,
which are defined in Chapter 12.26. An ordinance to amend Chapter 12.26 was
provisionally adopted on January 31, with the second reading scheduled to
coincide with the second reading of the subject ordinance.
· “Recognized Annual Community Event” defined as Music on Main, Christmas
Stroll, Bite of Bozeman, Sweat Pea parade, Bozeman High School Homecoming
parade, MSU Homecoming parade, the American Legion Memorial Day Parade;
the Semi-Annual Montana State University Pep Rallies; the spring Bobcat
Festival; Downtown Business Partnership Sponsored Cruisin’ on Main Car
Show; and city sponsored events as determined by the city commission.” The
174
3
last four events were added from the January 31 motion. Staff specifically
included the “spring Bobcat Festival”, and as noted in Unresolved Issues, staff is
asking commission to clarify whether this event is to be included here. We also
suggest the Commission add the phrase “as determined by the commission”
after “city sponsored events.” No other events will fall within that category unless
added by the commission.
· Section 6, 12.32.050 Exceptions, page 5. The reserved use of parks and other
recreational buildings and facilities are excepted from this chapter. An amendment to
chapter 12.26, Park Regulations, provisionally adopted on January 31, will add the
review of parks and recreational facilities in that chapter.
· Section 7, 12.32.060 Parades and Public Assemblies Open to Public/Private For-Profit
Activities, page 6. Stipulates that:
· Parades and public assemblies must be free and open to the general public and access
to sidewalks, businesses and residences must be maintained, unless specifically
requested and approved;
· Sets standards for events that advertise or propose products or services if the event is
for-profit.
· Section 8, 12.32.070 Requirements for Liability Insurance, Indemnification, Bonding
or Other Security, pages 6-7.
· Paragraph A of this section is the same as the January edition, with the inclusion
of the term “indemnification”. Paragraph B has been re-written and requires all
permitted events to provide commercial general liability insurance in the minimum
amounts of $750,000 per claimant and $1,500,000 per occurrence.
· Paragraphs C through F are also new. Paragraph E requires applicants to
defend, hold the city and its employees and officials harmless and indemnify the
city, its employees and officials, for claims, lawsuits and liability.
· Currently, we only require insurance for “big” events – Music on Main, Sweet Pea,
Hoops Festival. The requirement for liability insurance could be based on the amount
of risk the city wants to accept for each event; as such, Paragraph F provides the
city manager may waive this requirement.
· Requiring insurance and indemnification/hold harmless is a risk management
issue and while we strongly urge the commission to consider including these
requirements, the decision whether to do so is a policy decision.
· Language regarding clean up deposit has been moved to Section 13.
· Section 9, 2.32.080 Application, pages 8-9
· Requires applications to be submitted 15 working days prior to the event (previously
10 days). The city manager can waive this time frame.
· Requires applications that request the closure of Main Street or portions of streets
within the core of the B-3 district, with the exception of “Recognized Annual
Community Events” to be submitted at least 30 days prior to the event in order to
provide time for a public hearing. The city manager can waive this time frame (and
the need for a hearing.)
· Deletes the specific information required on the application form which allows staff
to modify the form as needed without amending the ordinance.
175
4
· Specifically states if an application is denied, the city assumes no liability for
expenses incurred by the applicant.
· Section 10, 12.32.090 Downtown Street Closure Approval, pages 9-10.
· Applications for Recognized Annual Community Events will be reviewed by the City
Manager.
· Other applications that request the closure of any portion of Main Street or any
portion of streets within the core of the B-3 zoning district will be reviewed by the
City Commission. The City Manager can waive this requirement at his/her
discretion.
· Section 11, 12.32.100 Traffic Control Plan, page 10.
· Requires applications for a street closure to include a Traffic Control Plan that
complies with the Manual of Uniform Traffic Control Devices (MUTCD). Local
engineers and traffic control companies are familiar with the MUTCD.
· Requires individuals who will be stopping traffic to be certified traffic control
persons. We have been requiring this for several years as a condition of approval.
This requirement can be waived by the city manager at his/her discretion if it is
determined the closure can safely be done by the organizer using approved
barricades/signage or if it will be done by the city Streets Division, with or without a
fee for the service.
· At the discretion of the city manager, barricades and signs may be obtained from the
city Streets Division upon a deposit established by the city manager. If city signs are
not available, applicant must obtain them from a private sign company. This places
the organization and implementation of an event on the organizer and not city staff.
· Section 12, 12.32.110 Temporary Closures for Residential Block Parties, pages 10-
11
· New section providing for residential block parties in residential locations
not involving closure of an arterial or collector street, and only during hours
between 8 am and 9 pm.
· Reviewed under the standards of 12.32.150.
· Requires applicant to provide written documentation from abutting and
adjacent property owners within area to be closed indicating consent or
opposition to the application.
· Requires indemnification and liability insurance “to the extent reasonably
possible.”
· Section 13, 12.32.120, Fees/Cost Recovery, pages 11-12
· Adds a provision that the city manager may require a deposit, and the
actions taken if costs are not paid.
· Section 14, 12.32.130 Police Protection; Public Services and Other Expenses, pages 12-
13.
· Previously, only the extent that additional police protection was needed was
considered. This amendment adds the consideration of the impact of an event on
other public services, and allows expenses to be reimbursed for both additional
police and other public services.
176
5
· New Paragraph D stipulates that events for the sole purpose of public issue
speech protected under the First Amendment are not required to pay for any
police protection or public services or other expenses provided by the city.
· Section 15, 12.32.140 Public Hearing, page 13. Adds a provision that the city manager
can determine that a public hearing on the application is needed in order to determine
the nature of public concerns with the proposed event.
· Section 16, 12.32.150 Standards of Issuance, pages 14-15
· Standards 16 through 20 (page 15) were added by staff in response to
January 31 discussion.
· Section 17, Action on Application, pages 16. Adds a timeframe for the review of and
decision on applications.
· Section 20, 12.32.190 Notice of Decision on Application, pages 17-18. Previously, the
ordinance only required notification to the applicant if an application was denied. This
provides for notification of all action on the application at least 48 hours prior to an
event.
· Section 21, 12.32.200 Appeal Procedure, pages 18-19.
· Expands the appeal process to an aggrieved person, as defined in 12.32.030.A rather
than just the applicant.
· Sets a timeframe for appeal.
· Establishes that the appeal hearing is limited to the grounds stated in the appeal, who
may speak at the appeal hearing, including public comment, and indicates the city
clerk will notify the appellant in writing of the commission’s decision.
· Section 23, 12.32.230 Prohibitions, page 20. 12.32.230.I was revised to remove “A
violation of this provision shall result in a $100 fine for each occurrence.” 12.32.280
(Section 19, page 22) sets penalties for violations of this chapter, and the violations
should be consistent.
· Section 26, 12.32.250 Revocation of Permit, pages 21-22 In addition to the city
manager, this amendment gives authority to the chief of police and fire chief to revoke
or suspend a permit.
· Section 28, Judicial Review, page 22. Previously proposed language replaced to
clarify that after the requirements of 12.32.200 are complied with, a request for
judicial review of a decision by the city commission may be made, but must be filed
within 30 days after the commission’s action.
· Section 29, 12.32.280, Violations, Penalties, page 22. This is not a new section but
was not called out in the previous memo. The revisions to this section remove
violations from a criminal to a civil matter.
ALTERNATIVES: As suggested by the City Commission.
177
6
FISCAL EFFECTS: Public Services staff labor and equipment use costs are tracked for each
closure using City Works software. Labor costs are the actual regular and overtime labor and
benefits paid to the employees who work the event. Equipment costs only track the vehicle used,
and are calculated using current FEMA reimbursement rates. The cost of signs and barricades is
not included. These labor and equipment costs are the same costs we use to document and track
all daily work in the Streets Division. At the request of Commissioner Andrus, the number
of public works staff hours has been added to the attached summary.
Per the attached summary of costs for the 28 permitted Main Street closures in 2010, $15,256.14
for labor and $5,760 for equipment, for a total of $21,016.14 was documented. Most of the
events required overtime and/or holiday pay. The current application fee for a permit that closes
a street is $100, and for recurring events, like Music on Main, the total fee is $100, not $100 per
event. Thus, $2,800 in revenue was received for these 28 events. Of the $21,016.14 total, a little
more than half - $11,352.55 - is associated with the 13 “Recognized Annual Community Events”
held in 2010 (8 Music on Main; Bite of Bozeman; Sweet Pea Parade and Run; Bozeman High
Homecoming Parade, MSU Homecoming Parade, Christmas Stroll), for which $600 in permit
fees was received.
If Section 12.32.100, Traffic Control Plan/City Equipment, (page 10) is amended as proposed,
applicants could be required to provide their own equipment and certified labor to close the
street. It is the Director of Public Service’s intent that city staff will continue to close the street
for the Recognized Annual Community Events at no additional charge, unless the Commission
directs staff to propose a change to the fee schedule resolution.
UNRESOLVED ISSUES:
1. Does the commission want Staff to propose an amended Fee Schedule Resolution that
reflects the actual cost of street closures? The staff will need to bring a resolution before
the commission establishing deposit amounts. If so, we suggest this accompany the final
reading of this ordinance, if adopted.
2. Is it acceptable to include “the spring Bobcat Festival” as a “recognized annual
community event” and city sponsored events “as determined by the city
commission”? (Section 4, 12.32.030.G, page 4)
3. The commission engaged in some discussion during the previous meeting regarding
alternative approaches to regulating permits for Main Street. One of the items
discussed was whether the city should restrict or limit the number of times Main
Street can be closed for public assemblies/parades. If this is the direction taken,
what is the appropriate number of times Main Street can be closed? The
commission could, for example, consider capping the number of events using Main
Street to those events previously given a permit prior to the effective date of this
ordinance. City Attorney Sullivan will be prepared to discuss the legalities of this
approach during your meeting.
4. Should all applications for closure of Main Street (or others) be reviewed only by
the city manager, with the commission only hearing appeals? If so, Downtown
Street Closure Approval section can be deleted (Section 10, page 9)
5. Are the additional proposed standards of issuance appropriate; should others be
added? (Section 16, 12.32.150, page 15)
Attachments: Ordinance No. 1798 (clean copy)
Ordinance No. 1798 (showing markups)
Public Services Department labor and equipment costs for 2010
Report compiled on: February 25, 2011
178