HomeMy WebLinkAbout2009 Codification DraftPage 1 of 924
Title 11
GENERAL PROVISIONS2
1 Organization, numbering, history noting of the Code will be discussed at our conference. 2 Note general sections taken from the Billings Code:
Sec. 1-106. Certain provisions saved from repeal.
Nothing in this Code or the ordinance adopting this Code shall repeal any of the following when not
inconsistent with this Code:
(1) Any ordinance or resolution promising or guaranteeing the payment of money for the city or
authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any
contract or obligation assumed by the city;
(2) Any administrative ordinances or resolutions of the council;
(3) The annual tax levy;
(4) Any right or franchise conferred by ordinance or resolution on any person or corporation;
(5) Any ordinance relating to the city boundaries or the corporate limits;
(6) Any ordinance annexing territory to the city;
(7) Any ordinance naming, opening, accepting or vacating streets or alleys in the city;
(8) Any ordinance relating to street, sidewalk, alley, sewer and other public improvements and
assessments;
(9) Any ordinance relating to zoning map amendments;
(10) Any ordinance relating to schedules containing descriptions of restricted or prohibited parking
areas and one-way streets;
(11) Any ordinance relating to the establishment or designation of through streets or stop intersections
or the turning or moving of vehicles;
(12) Any ordinance relating to automatic grade crossing signals;
(13) Any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date
of this Code.
Sec. 1-109. Supplementation of Code.
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever
authorized or directed by the city council. A supplement to the Code shall include all substantive
permanent and general parts of ordinances passed by the city council during the period covered by the
supplement and all changes made thereby in the Code, and shall also include all amendments to the
Charter during the period. The pages of a supplement shall be so numbered that they will fit properly
into the Code and will, where necessary, replace pages which have become obsolete or partially
obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be
current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be
excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or
organization authorized to prepare the supplement) may make formal, nonsubstantive changes in
ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to
embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code
printed in the supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and,
where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article,"
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Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Corporate Seal
1.12 Statute of Limitations 1.16 General Penalty
1.20 Immunization, Defense and Indemnification of Public Officers and their
Employees
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption.
1.01.020 Title--Citation--Reference.
1.01.030 Provisions codified.
1.01.040 Ordinances passed prior to adoption of the code. 1.01.050 Reference applies to all amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Effective date.
1.01.100 Constitutionality.
1.01.010 Adoption.3
There is hereby adopted the "Bozeman Municipal Code," as published by Book Publishing
Company, Seattle, Washington.
(Code 4????, § 1.01.010; Ord. No. 1118 § 1, 19825)
1.01.020 Title--Citation--Reference.
This code shall be known as the "Bozeman Municipal Code" and it may be referred to as the Bozeman Municipal Code in any prosecution for the violation of any provision thereof or any
proceeding at law or equity. Prosecutions for violations of Bozeman, Montana's ordinances and
actions based thereon shall refer to the Bozeman Municipal Code sections as well as the
underlying ordinance upon which the prosecution or action is based. Amendments to any
"this division," etc., as the case may be, or to "sections _________ to _________" (inserting section
numbers to indicate the sections of the Code which embody the substantive sections of the ordinance
incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance
sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or
effect of ordinance material included in the supplement or already embodied in the Code.
3 This section can be deleted since it will be covered in the Code adopting ordinance. 4 What year was this Code adopted? 5 The later ordinance history notes will have the entire adoption date.
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ordinance or portions thereof of Bozeman, Montana, shall also refer to the Bozeman Municipal
Code sections under which such ordinances are codified.
(Code ????, § 1.01.020; Ord. No. 1118 § 1, 1982)
6State law references—Register of ordinances and codification, MCA 7-5-107; adoption and
amendment of codes by reference, MCA 7-5-108.
1.01.030 Provisions codified.
This code consists of all the regulatory and penal ordinances and certain of the administrative
ordinances of Bozeman, Montana.
(Code ????, § 1.01.030; Ord. No. 1118 § 1, 1982)
1.01.040 Ordinances passed prior to adoption of the code.7
The last ordinance included in this code was Ordinance No. 1104, passed April 12, 1982. The
following ordinances, passed subsequent to Ordinance No. 1104, but prior to adoption of this
code, are hereby adopted and made a part of this code: 1105, 1106, 1108, 1109, 1112, 1115,
1116, 1117, 1118, 1119, 1120, 1121, 1122 and 1123.
(Code ????, § 1.01.040; Ord. No. 1118 § 1, 1982)
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the Bozeman Municipal Code or to any portion
thereof, or to any ordinance of the city of Bozeman, Montana, the reference shall apply to all
amendments, corrections and additions heretofore, now or hereafter made.
(Code ????, § 1.01.050; Ord. No. 1118 § 1, 1982)
1.01.060 Title, chapter and section headings.
Title, chapter and section headings contained in this code shall not be deemed to govern, limit,
modify or in any manner affect the scope, meaning or intent of the provisions of any title,
chapter or section hereof.
(Code ????, § 1.01.060; Ord. No. 1118 § 1, 1982)
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or
are otherwise connected with ordinances which are therein specifically designated by number
or otherwise and which are included within the code, but such reference shall be construed to
apply to the corresponding provisions contained within this code.
(Code ????, § 1.01.070; Ord. No. 1118 § 1, 1982)
6 State law references have been annotated throughout and are indicated by underling. Other
changes are indicated by underling and strike-thru type as well. 7 This section is obsolete now and can be deleted. The cut-off date for the new Code will appear in
the adopting ordinance.
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1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or
part or portion of any ordinance of the city shall in any manner affect the prosecution for
violations of ordinances, which violations were committed prior to the effective date of the
ordinance codified in this chapter, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any
of the provisions of such ordinances relating to the collection of any such license, fee or
penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to
any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Code ????, § 1.01.080; Ord. No. 1118 § 1, 1982)
1.01.090 Effective date.8
This code shall become effective on the date the ordinance adopting this code as the Bozeman
Municipal Code becomes effective.
(Code ????, § 1.01.090; Ord. No. 1118 § 1, 1982)
1.01.100 Constitutionality.
If any sections, subsection, sentence, clause or phrase of this code is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions
of this code. The council declares that it would have passed this code, and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Code ????, § 1.01.100; Ord. No. 1118 § 1, 1982)
Section 1.01.110.9
"All Ordinances and Resolutions in effect on July 1, 2001 are hereby re-adopted under the City
of Bozeman's Self-Government Powers and all said Ordinances and Resolutions shall remain in force until they expire by their own limitation or shall be altered or repealed by the Bozeman
City Commission."
(Ord. No. 1551 § 1, 12-3-200110)
Chapter 1.04
GENERAL PROVISIONS*
State law reference—General laws and definitions, MCA 1-1-101 et seq.
Sections:
8 This section will be covered by the Code adopting ordinance and can be deleted. 9 Do you wish to print your Charter in front of the Code? 10 Is this the correct adoption date?
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1.04.010 Definitions.
1.04.020 Title of office.
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.050 Acts by agents. 1.04.060 Prohibited acts include causing and permitting.
1.04.070 Computation of time.
1.04.080 Construction.
1.04.090 Repeal shall not review any ordinances.
1.04.010 Definitions.11
The following words and phrases, whenever used in the ordinances of the city shall be
construed as defined in this section unless from the context a different meaning is intended or
unless a different meaning is specifically defined and more particularly directed to the use of
such words or phrases:
A. "City" and 12"town" means the city of Bozeman, Montana, or the area within the
territorial limits of the city of Bozeman, Montana, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
B. "City commission" means the city commission of the city of Bozeman. "All its members"
or "all commissioners" means the total number of commissioners holding office.
C. "County" mans the county of Gallatin.
D. "Law" denotes applicable federal law, the Constitution and statutes of the state of
Montana, the ordinances of the city of Bonzeman, and, when appropriate, any and all rules
and regulations which may be promulgated thereunder.13
E. "May" is permissive.
F. "Month" means a calendar month.
G. "Must" and "shall" are each mandatory.
H. "Oath" means and includes an affirmation or declaration in all cases in which, by law,
an affirmation may be substituted for an oath, and in such cases the words "swear" and
11 I suggest adding the following:
Agencies. Any reference to any local, state or federal agency, shall include any successor agency.
The word "Code" means the "Bozeman Municipal Code," as designated in section
1.01.020.
The abbreviation "MCA" shall mean the Montana Code Annotated, as hereafter amended,
and any successor statute.
12 Why is the word “town” needed? 13 I suggest adding “and including all amendatory or successor laws.”
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"sworn" shall be equivalent to the words "affirm" and "affirmed."
I. "Owner," applied to a building or land, means and includes any part owner, joint owner,
tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building
or land.
J. "Person" means and includes a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organization, or the
manager, lessee, agent, servant, officer or employee of any of any of them.
K. "Personal property" means and includes money, goods, chattels, things in action and evidences of debt.
L. "Preceding" and "following" means next before and next after, respectively.
M. "Property" means and includes real and personal property.
N. "Real property" means and includes lands, tenements and hereditaments.
O. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
P. "State" means the state of Montana.
Q. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs or other public ways in this city which have been or may hereafter be
dedicated and open to public use, or such other public property so designated in any law of this state.
R. "Tenant" and "occupant," applied to a building or land, means and includes any person
who occupies the whole or a part of such building or land, whether alone or with others.
S. "Written" means and includes printed, type-written, mimeographed, multigraphed, or
otherwise reproduced in permanent visible form.
T. "Year" means a calendar year unless otherwise provided.
(Code ????, § 1.04.010; Ord. No. 1118 § 2, 1982)
1.04.020 Title of office.
Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
(Code ????, § 1.04.020; Ord. No. 1118 § 2, 1982)
1.04.030 Interpretation of language.
All words and phrases shall be construed according to the common and approved usage of the
language, but technical words and phrases and such others as may have acquired a peculiar
and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
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(Code ????, § 1.04.030; Ord. No. 1118 § 2, 1982)
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city, unless it is apparent from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the
singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice
versa, unless manifestly inapplicable.
(Code ????, § 1.04.040; Ord. No. 1118 § 2, 1982)
1.04.050 Acts by agents.
When an act is required by an ordinance, the same being such that it may be done as well by
an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
(Code ????, § 1.04.050; Ord. No. 1118 § 2, 1982)
1.04.060 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include
causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or
omission.
(Code ????, § 1.04.060; Ord. No. 1118 § 2, 1982)
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be
computed by excluding the first day and including the last day, unless the last day is Sunday
or a holiday, in which case it shall also be excluded.
(Code ????, § 1.04.070; Ord. No. 1118 § 2, 1982)
1.04.080 Construction.
The provisions of the ordinances of the city, and all proceedings under them are to be
construed with a view to effect their objects and to promote justice.
(Code ????, § 1.04.080; Ord. No. 1118 § 2, 1982)
1.04.090 Repeal shall not 14review any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or review any
ordinance which has been repealed thereby.
14 I believe this should be “renew.”
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(Code ????, § 1.04.090; Ord. No. 1118 § 2, 1982)
Chapter 1.08
CORPORATE SEAL15
Sections:
1.08.010 Corporate seal adopted.
1.08.010 Corporate seal adopted.
A seal of circular form, with the words "City of Bozeman, Gallatin County, Montana," on the edge of the circle, and having in the center thereof a self-binding harvester and a prostrate
sheaf, and underneath the date 1883, is hereby adopted and declared to be the corporate seal
of the city of Bozeman, to be used in all cases in which a seal is necessary to be used by the
corporation.
(16Prior code, § 2.04.010;Code ????, § 1.08.010)
Chapter 1.12
STATUTE OF LIMITATIONS17
Sections:
1.12.010 Recovery of fines or penalties--Statute of limitations.
1.12.010 Recovery of fines or penalties--Statute of limitations.
All actions to recover any fines, forfeitures or penalties for the violation of any ordinance shall
be commenced within two years after the right of action accrued.
(Prior code, § 6.01.020; Code ????, § 1.12.010)
Chapter 1.16
GENERAL PENALTY18
Sections:
1.16.010 General penalty for code violations.
1.16.010 General penalty for code violations.
Unless otherwise specifically provided in the Bozeman Municipal Code, any person, firm or
15 Do you need a whole chapter for one section? 16 Would you like to include the year of adoption of the prior Code? 17 Do you need a whole chapter for one section? 18 Do you need a whole chapter for one section?
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corporation, their agents or servants, who violates any of the provisions of the Bozeman
Municipal Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a
period not exceeding six months, or both such fine and imprisonment, and in addition shall
pay all costs and expenses of the case. A separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
(Prior code, § 1.04.060; Code ????, § 1.16.010; Ord. No. 1372, § 1, 1993)
State law reference--Limitation on penalties, MCA 7-1-111(8), 7-5-109.
Chapter 1.20
IMMUNIZATION, DEFENSE AND INDEMNIFICATION OF PUBLIC OFFICERS AND THEIR EMPLOYEES*
State law reference—Liability exposure and insurance coverage, MCA 2-9-301 et seq.
Sections:
1.20.010 Purpose. 1.20.020 Immunization, indemnification and defense.
1.20.030 Exceptions.
1.20.040 Notice.
1.20.010 Purpose.
It is the purpose of this section to provide for immunization, defense, and indemnification of public officers and public employees of the city civilly sued for alleged violations of
Constitutional Initiative 75 for actions taken within the course and scope of their employment.
(Code ????, § 1.20.010; Ord. No. 1482 § 1, 1998)
1.20.020 Immunization, indemnification and defense.
That in any civil action brought against any public official or public employee of the city
alleging a violation of Constitutional Initiative 75, the city shall then defend the action on behalf of the public official or public employee and indemnify the public official or employee for
any liability resulting from the alleged violation of Constitutional Initiative 75, except as provided in Section 1.20.030.
(Code ????, § 1.20.020; Ord. No. 1482 § 1, 1998)
1.20.030 Exceptions.
In a civil action alleging a violation of Constitutional Initiative 75, in which a public official or public employee of the city is a party defendant, the public official or public employee may not
be defended or indemnified by the city for any money judgments or legal expenses, including
attorney's fees, to which the public official or public employee may be subject as a result of a
suit, if a judicial determination is made that:
A. The conduct upon which the claim is based constitutes oppression, fraud, or malice or
for any other reason does not arise out of the course and scope of the public official or public employee's employment;
B. The public official or public employee compromised or settled the claim without the
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consent of the city; or
C. The public official or public employee failed or refused to cooperate reasonably in the
defense of the case.
If no judicial determination has been made applying the exclusions provided above, the city may determine whether those exclusions apply. However, if there is a dispute as to whether
the exclusions apply, and the city concludes it should clarify its obligation to the public official
or public employee arising under this section by commencing a declaratory action or other
legal action, the city is obligated to provide a defense or assume the costs of the defense of
the public official or public employee until a final judgment is rendered in such action holding that the city has no obligation to defend the public official or public employee. The city has no
obligation to provide a defense to the public official or public employee in a declaratory judgment action or other legal action brought against the public official or public employee by
the city under this section.
(Code ????, § 1.20.030; Ord. No. 1482 § 1, 1998)
1.20.040 Notice.
Upon receipt of service of Summons and Complaint alleging a violation of Constitutional
Initiative 75, the public official or public employee shall give written notice to the city manager or to the city attorney requesting that a defense to this action be provided by the city.
(Code ????, § 1.20.040; Ord. No. 1482 § 1, 1998)
CHAPTER 1.24 MUNICIPAL INFRACTIONS*
*State law reference—Municipal infractions, MCA 7-1-4149 et seq.
1.24.010 Definitions.
A. "Municipal Infraction" means any violation of the Bozeman Municipal Code which has
been specifically declared to be a Municipal Infraction under provisions of the Bozeman
Municipal Code.
B. "Officer" means any employee or official authorized to enforce provisions of the
Bozeman Municipal Code or Bozeman Municipal Regulations.
C. "Repeat Violation" means a recurring violation of the same section of the Bozeman Municipal Code. Each day that a violation occurs or is permitted to exist constitutes a separate
and distinct infraction.
(Ord. No. 1696, § 1(1.24.010), 3-5-2007)
1.24.020 Civil Citations. Service and Requirements.
A. An officer may issue a civil citation to a person who commits a municipal infraction. The civil citation may be served on the defendant by any one of the following methods:
1. Personal Service;
2. By certified mail addressed to the defendant at the defendant's last known mailing
address, return receipt requested; or,
3. By publication, in the manner described in Rule 4D(5) of the Montana Rules of Civil
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Procedure.
B. A copy of the citation must be retained by the issuing officer and one copy be sent to or
filed with the clerk of the Bozeman Municipal Court.
C. The citation shall serve as notification that a municipal infraction has been committed and shall contain the following information:
1. The name and address of the defendant;
2. The name or description of the infraction attested to by the officer issuing the citation;
3. The location and time of the infraction;
4. The amount of the civil penalty to be assessed or the alternative relief sought, or both;
5. The manner, location and time in which the penalty may be paid;
6. The time and place of court appearance; and,
7. The penalty for failure to appear in court.
(Ord. No. 1696, § 1(1.24.020), 3-5-2007)
1.24.030. Court Proceedings.
A. If the total amount of civil penalties do not exceed three thousand dollars ($3,000.00),
the matter shall be tried before the Municipal Court Judge in the same manner as a small
claim. If the total amount of civil penalties assessed exceeds three thousand dollars ($3,000.00), the matter must be tried before a District Court Judge.
B. The City has the burden of proof that the municipal infraction occurred and that the
defendant committed the infraction. The proof must be by clear and convincing evidence.
C. The Court shall ensure that the defendant has received a copy of the charges and that
the defendant understands the charges. The defendant may question all witnesses who appear for the municipality and produce evidence or witnesses on the defendant's behalf.
D. The defendant may be represented by counsel of the defendant's own choosing and at
the defendant's own expense.
E. The defendant may answer by admitting or denying the infraction.
F. If a municipal infraction is proven, the Court shall enter judgment against the
defendant. If the infraction is not proven, the Court shall dismiss the charges.
G. If the person named in the citation is shown to have been served with the civil citation
in the proper manner and, without good cause, fails to appear in response to the citation,
judgment shall be entered against the person by the Court.
(Ord. No. 1696, § 1(1.24.030), 3-5-2007)
1.24.040 Penalties.
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A. A violation of a municipal infraction is a civil offense and punishable by a civil penalty.
B. For a first violation, a civil penalty of not more than three hundred dollars ($300.00)
shall be imposed.
C. For each repeat violation, a civil penalty not to exceed five hundred dollars ($500.00) shall be imposed.
D. If there is a specific Bozeman Municipal Code provision that provides for a specific
penalty, the specific Bozeman Municipal Code provision shall apply provided the penalty does
not exceed the civil penalties provided by this section.
E. Any statutory surcharges required by State Law or Bozeman Municipal Code must be imposed in addition to the civil penalty.
F. All penalties and forfeitures collected by the Court for municipal infractions shall be
remitted to the City in the same manner as fines and forfeitures collected for criminal
offenses.
G. Defendant against whom judgment is entered shall pay court costs and fees as in small claims court under Title 25, Chapter 35 of the Montana Code Annotated (MCA 25-35-501 et
seq.) in addition to the penalties imposed by the Court.
H. In addition to the imposition of civil penalties authorized by law against a defendant,
the City may seek alternative relief from the Court in the same action. Alternative relief may
consist of any of the following:
1. Direct that payment of the civil penalty be suspended or deferred under conditions
imposed by the court;
2. Order the defendant to abate or cease the violation;
3. Authorize the City to abate or correct the violation;
4. Order the City's costs for abatement or correction of the violation be entered as a
judgment against the defendant or assessed against the property where the violation occurred, or both.
I. The Municipal Court may assess or enter judgment for costs of abatement or correction
in any amount not to exceed the jurisdictional amount for a money judgment in a civil action
under MCA Section 3-11-103. If the City seeks abatement or correction costs in excess of this amount, the matter shall be referred to District Court for hearing and entry of an appropriate
order.
J. A defendant who willfully violates the terms of an order imposed by the Court is guilty
of contempt.
(Ord. No. 1696, § 1(1.24.040), 3-5-2007)
1.24.050 Appeals.
A. The defendant or the City may file a motion for a new trial or may appeal the decision to District Court.
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B. A factual determination made by the trial court, supported by substantial evidence as
shown on the record, is binding for purposes of appeal relating to the violation at issue, but is
not admissible or binding as to any future violations for the same or similar ordinance
provision by the same defendant.
(Ord. No. 1696, § 1(1.24.050), 3-5-2007)
1.24.060 Issuance of Civil Citations Not Grounds for Further Legal Action.
Except for willful or wanton misconduct on the part of the City, the issuance of a civil citation
for a municipal infraction or the ensuing court proceedings do not provide an action for false
arrest, false imprisonment, or malicious prosecution.
(Ord. No. 1696, § 1(1.24.060), 3-5-2007)
1.24.070 Environmental Actions.
An action brought by the City for an environmental violation does not preclude, and is in
addition to, any other enforcement action that may be brought under state law."
(Ord. No. 1696, § 1(1.24.070), 3-5-2007)
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Title 2
ADMINISTRATION AND PERSONNEL*
*State law reference—Government structure and administration, MCA 2-1-101 et seq.
Chapters:
2.01 Code of Ethics 2.04 City Commission
2.06 Municipal Court
2.08 City Manager
2.12 Administrative Departments Generally
2.16 City Attorney--Department of Law 2.20 Health Officer
2.32 Department of Finance 2.36 Division of Recreation
2.40 Department of Public Safety
2.44 Department of Public Service
2.48 Department of Public Welfare
2.56 Library Board of Trustees 2.64 City-County Planning Board
2.66 City Planning Board 2.72 City Employees
2.76 Cemetery
2.80 Historic Preservation Advisory Board
2.84 Bozeman Beautification Advisory Board
2.88 Tax Increment Financing Industrial District Board
2.92 Bozeman Tree Advisory Board
2.96 Bozeman Senior Citizens' Advisory Board
Chapter 2.01
CODE OF ETHICS*
*State law reference—Code of ethics, MCA 2-2-101 et seq.
Sections:
2.01.010 Declaration of policy. 2.01.020 Definitions.
2.01.030 Persons covered.
2.01.040 Standards of conduct.
2.01.050 Use of city resources.
2.01.060 Treatment of the public. 2.01.070 Conflict of interest.
2.01.080 Confidential information. 2.01.090 Gifts, gratuities and favors.
2.01.010 Declaration of policy.
The proper operation of the city government requires that public officials and employees be
independent, impartial, and responsible; that governmental policies and decisions be made in
the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government.
The purpose of this code of ethics is to set forth standards of ethical conduct, to assist public
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officials and employees in establishing guidelines for their conduct, to foster the development
and maintenance of a tradition of responsible and effective public service, and to prohibit
conflict between public duty and private interest. Nothing herein shall be construed to relieve
any employee or official of the responsibilities set forth in Sections 19MCA 2-2-104, 2-2-105,
2-2-12520, 2-2-131, and 7-5-4109 of the Montana Code Annotated.
(Code ????, § 2.01.010; Ord. No. 1240, § 1, 1987; Ord. No. 1342, § 1, 1992; Ord. No. 1537, §
1, 5-29-2001; Ord. No. 1726, § 2(2.01.010), 11-26-2007)
2.01.020 Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
A. "Agency" means the City Commission and all other agencies, board, committees,
departments, and offices of the city, without exception.
21B. "City" means the "City of Bozeman", Montana.
C. "Confidential information" means any information which is not available to the general public and which is obtained only by reason of an official's or employee's position.
D. "Employee" means all individuals employed by the City and its agencies, but does not
include independent contractors hired by the City, City Commissioners, or any Municipal
Judge.
E. "Financial interest" means any ownership interest, contractual relationship, business
relationship, or other interest which will result in a monetary or other material benefit to an
official or employee, either tangibly or intangibly, which has a value of more than fifteen dollars, other than his or her duly authorized salary or compensation for his services to the
city, and which interest is not common to the interest of all other citizens of the city. The
following financial interest shall be imputed to be those of an official or an employee of the
city:
that of a spouse or child of an official or employee; that of any prime contractor or
subcontractor of the city, in which the official or employee or any member of his or her immediate family has any direct or indirect interest as the proprietor, by ownership of stock or
partnership interest.
F. "Immediate family" means spouse and children.
G. "Officials" means all officers and members of the city's agencies, whether elected or
appointed, whether paid or unpaid, whether permanent, temporary, or alternate, and that are not employees.
19 Note the uniform method of citation so that we can search and create a table for all state cites
in the Code. No further comment or notation will be made. 20 This section was repealed. 21 Definitions and rules of construction covered in Title 1 of the Code will be deleted throughout
without further comment.
Page 16 of 924
H. "Personal interest" means any interest in the matter which would affect the action of
the official or employee other than a financial interest, and other than an interest because of
membership in, or affiliation with, but not employment by a social, fraternal, charitable,
service, educational, religious, governmental, health service, philanthropic, cultural, or similar
nonprofit institution or organization.
I. "Public servant" means officials and employee as defined in this section.
I. "Transaction" means the offer of, or the sale, purchase, or furnishing of, any real or
personal property or services, by or to any person or entity directly or indirectly, as vendor or
vendee, prime contractor, subcontractor, or otherwise, for the use and benefit of the city or of such other person or entity for a valuable consideration.
(Code ????, § 2.01.020; Ord. No. 1240 § 2, 1987; Ord. No. 1342 § 2, 1992; Ord. No. 1537, §
2, 5-29-2001; Ord. No. 1726, § 2(2.01.020), 11-26-2007)
2.01.030 Persons covered.
All city officials and employees shall be bound by this chapter.
(Code ????, § 2.01.030; Ord. No. 1240 § 3, 1987; Ord. No. 1726, § 2(2.01.030), 11-26-2007)
2.01.040 Standards of conduct.
A. Officials and employees have an obligation to act morally and honestly in discharging
their responsibilities.
B. Officials and employees shall conduct themselves with propriety, discharge their duties
impartially and fairly, and make continuing efforts toward attaining and maintaining high
standards of conduct.
C. Each official or employee serving on a multimember agency is expected to devote the
time and effort necessary to the successful functioning of such agency.
D. No official or employee shall improperly use, directly or indirectly, his city position to
secure any financial interest or personal interest for himself or others.
E. No official or employee shall, for any reason, use or attempt to use his position to
improperly influence any other official or employee in the performance of his official duties.
F. No employee shall act in a private capacity on matters that they are directly responsible
for as an employee.
G. No official shall act in a private capacity on matters acted upon as an official.
(Code ????, § 2.01.040; Ord. No. 1240, § 4, 1987; Ord. No. 1342, § 3, 1992; Ord. No. 1726, §
2(2.01.040), 11-26-2007)
2.01.050 Use of city resources.
No official or employee shall use, or permit the use of, city-owned vehicles, equipment,
material, or city personnel for personal use of the employee or official or anyone else or to be
used in any manner prohibited by state statutes or city ordinance. No city automobile shall be used by a city employee or official going to or from home, except when such use is for the
Page 17 of 924
benefit of the city, as in the case of an employee on call outside of the employee's working
hours.
(Code ????, § 2.01.050; Ord. No. 1240, § 5, 1987; Ord. No. 1726, § 2(2.01.050), 11-26-2007)
2.01.060 Treatment of the public.
City officials and employees represent the city government to the public. In their contact with the public, officials and employees must bear in mind their role as public servants. Each
member of the public should be treated courteously, impartially, and fairly.
(Code ????, § 2.01.060; Ord. No. 1240, § 6, 1987; Ord. No. 1726, § 2(2.01.060), 11-26-2007)
2.01.070 Conflict of interest.
A. No official or employee shall engage in any employment or business which conflicts with
the proper discharge of his official duties.
B. No official or employee shall have a financial or personal interest, tangibly or intangibly,
in any transaction with the City as to which he has the power to take or influence official
action unless full public disclosure is made. If an official or employee has any tangible or
intangible financial or personal interest in the outcome of any matter coming before the agency of which he is a member or by which he is employed, such official or employee shall
publicly disclose on the record of the agency, or to his superior or other appropriate authority, the existence of such financial or personal interest. An official or employee having such a
financial or personal interest shall not engage in deliberations concerning the matter, shall
disqualify himself from acting on the matter, and shall not communicate about such matter
with any person who will participate in the action to be taken on such matter.
C. No employee, whether paid or unpaid, shall represent or appear on behalf of any
individual or entity before any agency of the city, or take any appellate proceedings from any action of such agency, either personally or through an associate or partner.
D. No official, whether paid or unpaid, shall represent or appear on behalf of any individual
or entity in any action or proceeding of concern to the agency on which that official serves,
either before that agency or any other agency of the city, or before the City Commission, or take any appellate proceedings from any action of such agency or the Commission. Such
representation may be made by an official's associate or partner, provided no reference to the participation of the involved official is made except for certification or other required
identification on prepared documents. The involved official shall not engage in deliberations
concerning a matter represented by an associate or partner, shall disqualify himself from
acting on the matter, and shall not communicate about such matter with any person who will
participate in the action to be taken on such matter.
E. Nothing in this section shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in a matter pending
before the City or any of its agencies, or to prohibit an official or employee from testifying as a
witness in any administrative or judicial proceeding. However, no official or employee who
represents his own personal interest before an agency of which he is a member, or a member
of an agency to which the matter may be appealed, shall participate in the decision of that
agency or the appellate agency.
(Code ????, § 2.01.070; Ord. No. 1342, § 4, 1992; Ord. No. 1240, § 7, 1987; Ord. No. 1726, §
2(2.01.070), 11-26-2007)
Page 18 of 924
2.01.080 Confidential information.
A. No official or employee shall, without legal authority, disclose confidential information
concerning the personnel, property, government, or affairs of the city.
B. No official or employee shall use confidential information to advance his own financial or
personal interest or the financial or personal interests of any other person.
C. Nothing in this section shall be interpreted as prohibiting the disclosure of information
required by law to be disclosed.
(Code ????, § 2.01.080; Ord. No. 1240 § 8, 1987; Ord. No. 1726, § 2(2.01.080), 11-26-2007)
2.01.090 Gifts, gratuities and favors.
No official or employee shall accept a gift, gratuity, or favor from any person or entity, except
as authorized by law.
(Code ????, § 2.01.090; Ord. No. 1240 § 9, 1987; Ord. No. 1726, § 2(2.01.090), 11-26-2007)
2.01.100 Financial Disclosure Statement.
The Ethics Board shall prepare for approval by the City Commission a financial disclosure statement form, and recommendations for filling deadlines, procedures, and who must file.
(Ord. No. 1726, § 2(2.01.100), 11-26-2007)
2.01.110. Post Employment Activities.
No former public servant:
A. during the 12 months following the date on which he or she ceases to be a public
servant, may, for compensation, on behalf of any person other than a governmental entity,
make any formal or informal appearance before, or negotiate with, any decision maker in
connection with any matter which might give rise to a judicial or quasi-judicial proceeding and
which was under the public servant's direct responsibility as a public servant within 12 months
prior to the date on which he or she ceased to be a public servant;
B. may, for compensation, act on behalf of any party other than the City in connection with any matter in which the former public servant participated personally and substantially as
a public servant and which might give rise to a judicial or quasi-judicial proceeding involving
the City;
C. shall use or continue to use any former official City title, including use on business cards or stationary, following termination of employment with the City, except that such use is
not prohibited if the public servant indicates that the employment with the City was former to current employment.
(Ord. No. 1726, § 2(2.01.110), 11-26-2007)
2.01.120. Board of Ethics.
A. There is created a Board of Ethics consisting of three (3) members who are residents of the City and shall serve without compensation unless the governing body provides otherwise.
Page 19 of 924
Members of the Board of Ethics shall not be elected officials, persons appointed to elective
office, full-time appointed officials whether exempt or nonexempt, or City employees, nor shall
they be currently serving on any other City board or commission.
B. Members of the Board shall be residents of the City and shall hold no elected public
office nor any other City office or employment.
C. Board members shall be appointed by the governing body. An appointment to fill a
vacancy shall be made by the appointing authority who appointed the member who formerly
held the position which is vacant.
D. The Board shall select its own presiding officer from among its members.
E. Board members shall serve staggered terms of two (2) years. A member shall hold
office until a member's successor is appointed. At initial appointment of the members of the
board, one of the initial members shall be appointed for a term of three (3) years and
thereafter for a term of one (1) year.
F. The governing body shall provide such staff support for the Board as the governing
body determines to be necessary for the Board to fulfill its duties. The City Attorney is designated to be the legal advisor for the Board, except that the City Attorney is not
authorized to represent the Board in any legal action if doing so would create a conflict which
would prevent the City Attorney from also representing the Mayor, the City Manager, or the
governing body. The City Clerk shall serve as Recording Secretary to the Board and shall
provide such administrative services to the Board as may be necessary. Neither the City
Attorney nor the City Clerk shall be eligible for appointment as board members.
(Ord. No. 1726, § 2(2.01.120), 11-26-2007)
2.01.130. Duties and Powers of the Board.
A. The Board shall, in addition to its other duties:
(1) adopt written rules governing its procedures and providing for the holding of regular
and special meetings, which rules shall be subject to the approval of the governing body; a
copy of the rules shall be filed with the City Clerk; and
(2) administer oaths;
(3) conduct hearings as needed to hear and decide specific cases in which a violation of this
Chapter or a violation of Title 2, Chapter 2, Part 100 of Montana Code Annotated is alleged,
whether such cases arise from a complaint or are brought on the Board's own motion; and
(4) no later than December of each year, submit an annual report to the governing body
concerning its action in the preceding year; the report shall contain
(i) a summary of its decisions and opinions, both open and confidential; the Board shall
make any alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or to any organization if the disclosure could lead to
the disclosure of the identity of a person who is entitled to confidentiality; and
(ii) recommend any legislative or administrative actions regarding the City's policies and practices which the Board believes would or could enhance the ethical environment in which
Page 20 of 924
public servants work; and
(5) establish a process for systematically and regularly evaluating all significant aspects of
the administration and implementation of this Chapter, which shall include an annual review of
the full scope of operations of the Board and its procedures, and which shall insure that the
both the public and all public servants are provided a reasonable opportunity, and are encouraged, to participate in the process; and
(6) prescribe and make available forms for use under this Chapter; and
(7) when it deems it appropriate, request the City Attorney for assistance in compelling the production of documents and witnesses to assist the Board in the conduct of any investigation.
(8) when circumstances make it necessary to do so, retain outside legal counsel and other
experts as needed after solicitation of recommendations from the City Attorney (unless the
need to retain outside counsel is caused by a conflict involving the City Attorney's Office), and
upon approval by the governing body of a contract for services approved as to form by the
City Attorney; and
(9) serve as legal custodian of the Board's records, and accept, file, maintain and administer, in accordance with all applicable laws, any information related to the purposes of
this Chapter; and
(10) make financial disclosure statements filed with the Board available for public inspection
and copying facilities available at a charge which is the minimum amount permitted under
applicable law. All open opinions of the Board shall be filed with the City Clerk and are open to
public inspection. To the extent permitted by law, confidential opinions and any records obtained or filed in connection with requests for confidential opinions, whether the records are
written, tape recorded, videotaped, or otherwise recorded shall be kept confidential; and confidential advisory opinions rendered shall be closed in whole to public inspection.
Confidential opinions and summaries of them or open references to them shall be drafted in
such a way as not to reveal confidential information.
(11) compile and maintain an index to all financial disclosure statements currently on file with the Board to facilitate public access to such statements; and
(12) develop a plan for implementation of a program to educate public servants who are
subject to this Ordinance and the public about their rights, duties and responsibilities
hereunder; and
(13) within one year from the effective date of this Ordinance, submit to the governing body for its approval and promulgation, an ethics handbook for the use of all public servants and
the public; the personnel department shall document that each City officer and employee receives a copy of the handbook and acknowledges receipt of the handbook in writing; and
(14) in coordination with the City Attorney, City Manager, and other appropriate City
personnel, arrange for the conduct of an annual workshop, which shall serve as an orientation
for new Board members and an opportunity for experienced members to explore specific
issues in depth; attendance at this workshop shall be made a condition of service as a
member of the Board, and, before taking office, Board members shall commit themselves to attend it.
B. The Board may:
Page 21 of 924
(1) conduct hearings as it determines necessary or appropriate
(i) to ascertain public opinions and to gather information from the general public,
employees, or others regarding any aspect of the City's ethics policies or practices; and
(ii) for any other purpose for which the Board is authorized to conduct hearings; and
(2) respond, as it deems appropriate, to requests for confidential advisory opinions; the
Board may decline to render an opinion in response to any request for an advisory opinion;
(3) render and publish formal opinions on any matter within the scope of the Board's
authority which it may deem appropriate; the Board may initiate opinions on its own motion or upon request; any formal opinion shall be in writing; and
(4) prepare and publish special reports, technical studies, and recommendations to further
the purposes of this Ordinance.
(Ord. No. 1726, § 2(2.01.130), 11-26-2007)
2.01.140. Who May Request Board Action.
A. Any person may file a complaint with the Board, and any public servant, prospective
public servant or former public servant, either personally or on behalf of an organization or
governmental body, may request of the Board an ethics opinion, whether a formal opinion or a
confidential advisory opinion, regarding the propriety of any matter or matters to which the
person is or may become a party; and any decision maker, with the consent of a prospective
appointee, may request of the Board an ethics opinion regarding the propriety of any matter
to which the public servant, prospective public servant or former public servant is or may become a party.
B. Any request for Board action shall be in writing, and shall be signed by the person
making the request.
(Ord. No. 1726, § 2(2.01.140), 11-26-2007)
2.01.150. Limitations on Board's Power.
The Board does not have the authority to reverse or otherwise modify a prior action of the
Mayor, governing body, or an officer or employee of the City. If the Board finds a prior action
of the Mayor, the governing body, officer or employee to have been ethically improper, the
Board may advise the appropriate party or parties that the action should be reconsidered.
Upon such advice by the Board, the action shall be reconsidered by the appropriate person or public body. If the Board determines an existing City contract to be ethically improper, after
such determination and advice from the Board, the City may void or seek termination of the contract if legally permissible. The Board may refer a matter to the City Attorney for review
and consideration for appropriation action. Upon completion of review and consideration, the
City Attorney's Office shall report its findings to the Board.
(Ord. No. 1726, § 2(2.01.150), 11-26-2007)
2.01.160. City Attorney Opinions
A. at the request of a person, the City Attorney may render an informal or formal advisory
Page 22 of 924
opinion with respect to the prospective conduct of such person. An informal advisory opinion
need not be written, and may be provided directly to the requestor of such opinion. A request
for a formal advisory opinion must be in writing and include all the information and documents
related to the request. The request for either an informal or formal advisory opinion must
state all the material facts so the City Attorney may render a complete and correct opinion.
The City Attorney's formal advisory opinion must be in writing. Nothing in this Chapter shall be construed to prohibit a request for an opinion by any public servant from the City Attorney
regarding a potential conflict of interest. Neither a request for an informal or formal advisory
opinion, nor the making of a statement concerning a potential conflict of interest made by a
member of the City Commission in the course of abstaining from voting or making a motion of
self-recusal, shall create a presumption or inference that a public servant actually has a personal interest in the matter about which the opinion was requested; if the City Attorney
elects to render an opinion, the City Attorney shall, within a reasonable time, submit a written summary of the opinion to the Ethics Board for the Board's information; if the City Attorney
declines to render an opinion, nothing shall preclude the person requesting the opinion from
requesting the Ethics Board for an opinion.
B. Any formal advisory opinion issued pursuant to Section 2.01.160 may be relied upon by
the person directly involved in the specific transaction or activity to which such advisory
opinion has been issued; and any person directly involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity
with respect to which such advisory opinion was rendered.
C. Any person who relies upon a formal advisory opinion pursuant to this section, and who
acts in good faith in accordance with the provisions and findings of such opinion, shall not, as
a result to such act, be subject to prosecution under this Chapter or, in the case where the
opinion is exculpatory, be subject to any administrative adverse action or civil action based upon legal authority cited in that opinion.
D. The City Attorney's client is the City of Bozeman and not the individual requesting the
opinion. No request for an opinion from the City Attorney shall constitute the establishment of
an attorney-client relationship with the individual requesting the opinion.
(Ord. No. 1726, § 2(2.01.160), 11-26-2007)
2.01.170. Procedures for Hearing Complaints.
A. Any person may file a written complaint, signed and sworn, with the City Clerk alleging
a violation of this Chapter or a violation of Title 2, Chapter 2, Part 10022 of Montana Code
Annotated (MCA 2-2-101 et seq.).
B. A complaint shall specify the provisions of this Chapter or provisions of Title 2, Chapter
2, Part 10023 of Montana Code Annotated (MCA 2-2-101 et seq.) alleged to have been violated
and facts alleged to constitute the violation.
C. Upon receipt of such a complaint, but in any event not later than three (3) working
days after receipt, the City Clerk shall acknowledge receipt to the complainant(s), and forward
the complaint simultaneously to the Board, the person who is complained against and the City
Attorney.
22 This should be Part 1. 23 This should be Part 1.
Page 23 of 924
D. The City Attorney shall provide the Board with a preliminary written analysis of the
complaint no later than thirty (30) days from the date the complaint is filed with the City
Clerk.
E. During any investigation and during any hearing which is conducted to determine
whether a violation of this Chapter or a violation of Title 2, Chapter 2, Part 10024 of Montana
Code Annotated (MCA 2-2-101 et seq.) has occurred
(1) the person under investigation or the accused may be represented by counsel of his or
her own choosing; and
(2) the accused or his or her representative, if any, shall have an opportunity to
(i) challenge the sufficiency of any complaint which has been filed against him or her; and
(ii) examine all documents and records obtained or prepared by the Board in connection
with the matter heard; and
(iii) bring witnesses; and
(iv) establish all pertinent facts and circumstances; and
(v) question or refute testimony or evidence, including the opportunity to confront and
cross-examine adverse witnesses; and
(vi) exercise, to the extent the Board, in its discretion, determines to be just and
reasonable, any pretrial discovery procedure usually available in civil actions.
F. The following principles shall apply to evidence in connection with hearings conducted
by the Board:
(1) The Board shall not be bound to adhere to statutory Rules of Evidence, but shall be
fundamentally fair in its administration of evidence; and
(2) During any hearing conducted by the Board to determine whether a violation of this
Ordinance has occurred, all evidence including certified copies of records which the Board
considers shall be fully offered and made a part of the record in the proceedings; and
(3) The accused or any other person under investigation shall be afforded adequate
opportunity to rebut or offer countervailing evidence; and
(4) The Board shall inform the accused or his or her counsel of exculpatory evidence in its
possession; and
(5) The standard of evidence in hearings conducted under this Chapter shall be clear and
convincing evidence admitted at the hearing.
G. The Board, in addition to its other duties and powers, may:
24 This should be Part 1.
Page 24 of 924
(1) appoint a hearing officer to conduct hearings under this Chapter; and
(2) with the approval of the governing body, retain outside legal counsel and other experts
as needed with respect to hearings in accordance with its policies. The selection of a hearing
officer and outside counsel and other experts and any contract for such persons shall be made after solicitation of recommendations from the City Attorney and upon approval by the
governing body of a contract for services approved as to form by the City Attorney; and
(3) order testimony to be taken by deposition before any individual who is designated by
the Board and, in such instances, to compel testimony and the production of evidence to the extent it is otherwise lawfully authorized to do so; and
(4) require any person to submit in writing such reports and answers to questions relevant
to the proceedings conducted under this Chapter as the Board may prescribe, such submission
to be made within such period and under oath or otherwise as the Board may determine; and
(5) request and obtain from the Department of Revenue copies of state income tax returns
and access to other appropriate information as permitted under state law regarding all persons
who are the subject of such investigation.
H. The person complained against shall have twenty (20) days from the day after the City
Clerk serves the complaint on the person to submit a written response to the complaint prior
to the Board deciding whether to hold a hearing. Service may be by certified mail, return
receipt at the last know address in City Records or personal service.
I. If the complaint is dismissed, the complainant(s) shall have one opportunity within fifteen (15) days of the dismissal to amend the complaint and to refile it with the Board.
J. Any person whose name is mentioned or who is otherwise identified during a hearing
being conducted by the Board and who, in the opinion of the Board, may be adversely affected
thereby, may, upon request of the person or a representative of the person, or upon the
request of any member of the Board, appear at the hearing to testify on his or her own behalf
or have a representative appear to so testify, and the Board may permit any other person to appear and to testify at a hearing.
K. Upon request of the accused, on its own motion, or upon request of the City Attorney,
the Board shall issue subpoenas to compel the attendance of necessary witnesses.
L. At the next regular meeting, or within thirty (30) days, whichever is sooner, following
receipt of the City Attorney's analysis, the Board shall review and consider the complaint and the City Attorney's analysis, and, if a hearing is to be held, shall set a date certain for the
hearing to take place within thirty (30) days, unless the accused petitions for and the Board consents to a later date.
M. As soon as practicable after giving due consideration to a complaint, or, if a hearing was
held, after the hearing, the Board shall take any action or combination of actions which it
deems appropriate and which it is lawfully empowered to take, including, but not limited to the
following:
(1) dismiss the complaint based on any of the following grounds:
(i) the complaint does not allege facts sufficient to constitute a violation of this Chapter or
Page 25 of 924
a violation of Title 2, Chapter 2, Part 10025 of Montana Code Annotated (MCA 2-2-101 et
seq.); or
(ii) the Board has no jurisdiction over the matter; or
(iii) failure of the complainant to cooperate in the Board's review and consideration of the
complaint; or
(iv) the complaint is defective in a manner which results in the Board being unable to make
any sound determination; and
(2) determine that no violation of this Chapter or a violation of Title 2, Chapter 2, Part
10026 of Montana Code Annotated (MCA 2-2-101 et seq.) has occurred; or
(3) determine that the complaint alleges facts sufficient to constitute a violation of this
Chapter or a violation of Title 2, Chapter 2, Part 10027 of Montana Code Annotated (MCA 2-2-
101 et seq.), and that the Board will conduct a hearing, in which case the Board shall promptly
send written notice of such determination to the accused and to the party who made the
complaint; or
(4) determine that further information must be obtained in order for the Board to
determine whether the complaint alleges facts sufficient to constitute a violation of the
Chapter or a violation of Title 2, Chapter 2, Part 10028 of Montana Code Annotated (MCA 2-2-
101 et seq.); and
(i) conduct its own investigation with respect to any alleged violation; or
(ii) schedule the complaint for further review and consideration at a future time certain, in
which case the Board shall promptly send written notice of such determination to the accused
and to the party who made the complaint; or
(iii) refer the complaint to any appropriate authorities for criminal investigation; or
(iv) refer the complaint, if it appears to be substantiated, to the county attorney or city attorney for prosecution; or
(v) refer the complaint, along with the Board's findings and conclusions, to any appropriate
administrative authority for disciplinary action or other suitable remedial action; the Board,
although it has no independent administrative authority, may make any recommendation to
any City administrator at any level of supervision, if the Board finds that the recommendation
will advance the objectives of this Chapter; whether to implement the recommendation may be decided by whatever decision maker is authorized under the circumstances; if it is
determined that misconduct or malfeasance has occurred, the Board shall refer the matter to
the City Manager, City Attorney or to the governing body, as circumstances warrant.
25 This should be Part 1. 26 This should be Part 1. 27 This should be Part 1. 28 This should be Part 1.
Page 26 of 924
(5) After it has made its final determination, the Board shall issue its written findings of fact
and conclusions, and may issue any additional reports, opinions and recommendations as it
deems advisable under the circumstances. All such reports shall be in compliance with all state
and city laws governing confidentiality, open government, and torts. All such reports shall be
reviewed by the City Attorney prior to their issuance.
(Ord. No. 1726, § 2(2.01.170), 11-26-2007)
2.01.180. Those Subject to Removal Only by the Governing Body.
If findings relative to an elected or appointed official are filed by the Board with the governing
body, the governing body may take action to remove the official in accordance with state law.
(Ord. No. 1726, § 2(2.01.180), 11-26-2007)
2.01.190. Ex Parte Communications.
A. After a complaint has been filed and during the pendency of a complaint before the
Board, no member of the Board may communicate directly or indirectly with any party or
other person about any issue of fact or law regarding the complaint, except that
(1) the members of the Board may obtain legal advice from the City Attorney (or retained counsel) and may discuss the complaint with their staff; and
(2) the members of the Board may discuss the complaint at a lawfully conducted meeting.
B. If any person attempts to communicate with a Board member regarding the pending
complaint, the Board member shall report the substance of the communication to the Board
on the public record at the next regular meeting of the Board.
(Ord. No. 1726, § 2(2.01.190), 11-26-2007)
2.01.200. Confidentiality of Board Information.
No member of the Board nor any public servant who has access to any confidential information
related to the functions or activities of the Board shall divulge that information to any person
who is not authorized to have it. The identity of a person who requests a confidential advisory
ethics opinion is confidential, as is information describing or pertaining to any organization mentioned in the request for an opinion if the disclosure of the information could lead to the
disclosure of the identity of the person requesting the confidential advisory opinion.
(Ord. No. 1726, § 2(2.01.200), 11-26-2007)
2.01.210. Waiver of Confidentiality.
A person who makes or purports to make public the substance of or any portion of an advisory
opinion requested by or on behalf of that person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the Board in
connection with the request for an advisory opinion.
(Ord. No. 1726, § 2(2.01.210), 11-26-2007)
2.01.220. Statute of Limitations.
No action may be taken on any complaint which is filed later than one year after a violation of
this Chapter is alleged to have occurred, and a complaint alleging a violation must be filed
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within one year from the date the complainant(s) knew or should have known of the action
alleged to be a violation."
(Ord. No. 1726, § 2(2.01.220), 11-26-2007)
Chapter 2.04
CITY COMMISSION
Sections:
2.04.010 Membership qualifications.
2.04.020 Election--Term of office--Bond.
2.04.030 Mayor presides. 2.04.040 Regular and special meetings--Open to public.
2.04.050 Voting. 2.04.060 Clerk of the commission.
2.04.070 Salaries for mayor and commissioners.
2.04.080 Powers and duties.
2.04.090 Ordinances and resolutions--Requirements.
2.04.100 Form of government--Effect of other laws.
2.04.010 Membership qualifications.
The Commission of the City of Bozeman shall consist of Commissioners, who shall be elected
as provided in the Charter. They shall be registered voters whose principal residence is in-the
city and have the qualifications of electors.
(Prior code, § 2.08.010; Code ????, § 2.04.010; Ord. No. 1100, § 1, 1982; Ord. No. 1727, §
1(2.04.010), 12-3-2007; Ord. No. 1757, § 1(2.04.010), 2-23-2009)
2.04.020 Election--Term of office--Bond.
A. Commissioners shall be elected as provided in the Charter.
B. Every person elected Commissioner shall, within ten days thereafter, file with the City
Clerk their oath of office which shall be filed with the County Clerk and Recorder of Gallatin
County.
(Prior code, § 2.08.020; Code ????, § 2.04.020; Ord. No. 1100 § 2, 1982; Ord. No. 1654, § 1,
11-21-2005; Ord. No. 1727, § 1(2.04.020), 12-3-2007; Ord. No. 1757, § 1(2.04.020), 2-23-
2009)
2.04.030 Mayor presides.
A. The presiding officer of the Commission shall be the Mayor. During the absence of the
Mayor, the Deputy Mayor shall discharge the duties and exercise the powers and authority of
the Mayor. The presiding officer shall preserve strict order and decorum at all meetings of the Commission and confine members in debates to the question under consideration. The Mayor
shall assign each Commissioner to a seat at the commission table as the Mayor deems
advisable. Upon passing the gavel, the Mayor may move or second any item of business then
before the Commission. The Mayor shall state, or cause to be stated, every motion coming
before the Commission, announce the decision of the Commission on all subjects, and decide
all questions of order, subject, however to an appeal to the Commission, in which event a
majority vote of the Commission shall govern and conclusively determine such question of
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order. The Mayor shall vote on all questions with the Mayor's name being called last. The
Mayor shall sign all ordinances and resolutions adopted by the Commission during his
presence within two days after the Commission meeting at which they were adopted. In the
event of the absence of the Mayor, the Deputy Mayor shall sign ordinance or resolutions as
then adopted.
(Prior code, § 2.08.030; Code ????, § 2.04.030; Ord. No. 1727, § 1(2.04.030), 12-3-2007;
Ord. No. 1757, § 1(2.04.030), 2-23-2009)
2.04.040 Regular and special meetings--Open to public.
A. Regular Meetings:
1. The City Commission shall hold its regular meetings on the first four Mondays of every month. The City Commission may hold a regular meeting on the fifth Monday of the month.
The Commission shall meet in regular session from 6:00 p.m. to no later than 10:00 p.m. in
the City Commission Room, City Hall, 121 North Rouse, Bozeman, Montana. However, when
the day affixed for any regular meeting of the Commission falls upon a day designated by law
as a legal or national holiday, such meeting shall be held at the same hour on the next
succeeding day not a holiday.
2. The time of the meeting may be extended by the Mayor or a majority vote of the
members of the Commission beyond the time specified above should additional matters remain on the Commission docket or agenda.
3. Any meeting of the Commission may be adjourned to a later date and time, provided
that no adjournment shall be for a longer period than until the next regular meeting.
B. Public Hearings:
1. Public hearings shall be held in the City Commission Room, City Hall, 121 North Rouse,
Bozeman, Montana, or in an alternative location as duly noticed to the public.
2. Any hearing may be rescheduled or adjourned to a later date and time.
C. Executive Sessions:
1. Executive Sessions may precede each meeting as required. Although each Executive
Session will commence as an open public meeting, Executive Sessions will be used by the
Commission solely for consideration of matters which will be discussed pursuant to 2.3.203,
section 3 & 4 of MCA 2-3-203(3), (4). The public will be excluded from these Executive
Session discussions. If the need exists, additional Executive Sessions may be scheduled at the end of all meetings.
D. Work sessions:
1. Work sessions shall be held in the City Commission Room, City Hall, 121 North Rouse,
Bozeman, Montana, or in an alternative location as duly noticed to the public.
2. The Commission Work Sessions shall be scheduled as needed. Work sessions are to
review forthcoming programs of the City, receive progress reports on current programs or projects, view sites or community projects of interest, or receive other similar information
from the City Manager. All discussions and conclusions thereon shall be informal and no formal
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action may be taken. Work sessions provide an informal setting for discussion of topics for
which no formal action is immediately required. At the Commission's discretion, public
comment may be received during the work session.
3. The Commission is not bound by Robert's Rules of Order during work sessions.
E. Optional Concept Reviews: The Commission may, at the request of a landowner,
developer or other interested party considering submittal of a development application,
conduct a concept review. Concept review is an initial, informal exchange of ideas. The
Commission's decision on any formal application will be based on staff findings, the applicable
criteria, applicant presentation, evidence submitted and public testimony. Formal public comment will be received during review of a formal application; however, the Commission
may, at its discretion, accept questions and written comment from the public during the concept reviews. The Commission is not bound by Robert's Rules of Order during concept
reviews.
F. Optional Post Mortem Reviews: Post mortem review is a review by the Commission of a
previous decision. Following action on any matter, the Commission may request a post mortem
review to be scheduled at the next work session, to determine if revisions to code provisions
or other procedural changes are needed to address concerns raised during consideration of the particular agenda item. The Commission is not bound by Robert's Rules of Order during
optional post mortem reviews.
G. Policy Meetings: The Commission may periodically hold Policy Meetings. The frequency,
time, and location of such will be determined by the City Commission as set forth in
Resolution. Policy meetings provide an informal setting for discussion of policy issues for which
no formal action is immediately required. Public Comment shall be received during the Policy Meeting in a manner at the discretion of the presiding officer. The Commission is not bound by
Robert's Rules of Order during policy sessions.
H. The Mayor, any two members of the Commission, or the City Manager may call special
meetings of the Commission, upon at least twelve hours written notice to each member of the
Commission, personally served on each member or left at his usual place of residence. In the
event of an emergency situation, such as a storm, fire, explosion, community disaster, insurrection, act of God, or other potential destruction or impairment of City property that
affects the health and safety of the residents, employees or the functions of the City, a meeting may be convened without notice.
I. All meeting of the Commission shall be public and any citizen shall have access to the
minutes and records thereof at all reasonable times. The Commission shall determine its own
roles and order of business and shall keep a journal of its proceedings.
(Prior code, § 2.08.060; Code ????, § 2.04.040; Ord. No. 1100, § 5, 1982; Ord. No. 1537, §
3, 5-29-2001; Ord. No. 1654, § 2, 11-21-2005; Ord. No. 1727, § 1(2.04.040), 12-3-2007;
Ord. No. 1737, § 1, 1-28-2008; Ord. No. 1737, § 1, 1-28-2008; Ord. No. 1757, § 1(2.04.040),
2-23-2009)
State law reference—Open meetings, MCA 2-3-201 et seq.
2.04.050 Voting.
Three Commissioners shall constitute a quorum, and the affirmative vote of three Commissioners shall be necessary to adopt or reject any motion, resolution, or ordinance, or
Page 30 of 924
pass any measure, unless a greater number is provided for by law. Upon every vote, the ayes
and nays shall be called and recorded.
(Prior code, § 2.08.040; Code ????, § 2.04.050; Ord. No. 1100, § 3, 1982; Ord. No. 1537, § 4,
5-29-2001; Ord. No. 1727, § 1(2.04.050), 12-3-2007; Ord. No. 1757, § 1(2.04.050), 2-23-
2009)
2.04.060 City Clerk
The City Clerk shall keep the journal of the proceedings of the Commission and all files and
records, including the record of all ordinances and resolutions, and perform such other duties
as may be required of him by ordinance or resolution or order of the Commission, and he shall
be the custodian of the corporate seal of the city.
(Ord. No. 1727, § 1(2.04.060), 12-3-2007; Ord. No. 1757, § 1(2.04.060), 2-23-2009)
2.04.070 Salaries for mayor and commissioners.
The salary of each Commissioner shall be established by ordinance, and the salary of the
Commissioner acting as Mayor shall be one and one-half times that of the other
Commissioners.
(Prior code, § 2.08.050; Code ????, § 2.04.070; Ord. No. 1075 §§ 1, 2, 1981 Ord. No. 1093 §§
1, 2, 1982; Ord. No. 1100 § 4, 1982; Ord. No. 1569, §§ 1--3, 8-12-200229; Ord. No. 1727, §
1(2.04.070), 12-3-2007; Ord. No. 1757, § 1(2.04.070), 2-23-2009)
2.04.080 Powers and duties.
The Commission shall constitute the governing body, with power to make and pass all bylaws,
ordinances, orders, and resolutions not repugnant to the Constitution of the United States or
of the State of Montana, to the Charter, or to the provisions of Title 7 of Montana Code
Annotated, necessary for the government or management of the affairs of the city, for
execution of the powers vested in the corporate, and to carry into effect the provisions of Title
7 of Montana Code Annotated (MCA 7-1-101 et seq.), and to appoint a chief administrative officer to be known as the "City Manager," and to exercise all the powers conferred on it by
Title 7, Chapter 3, Part 7, of Montana Code Annotated (MCA 7-3-701 et seq.), as amended30,
and shall have all the powers conferred by law upon City Councils insofar as the same is not
inconsistent with said part.
(Prior code, § 2.08.080; Code ????, § 2.04.080; Ord. No. 1537, § 5, 5-29-2001; Ord. No.
1727, § 1(2.04.080), 12-3-2007; Ord. No. 1757, § 1(2.04.080), 2-23-2009)
2.04.090 Ordinances and resolutions--Requirements.
A. Each proposed ordinance or resolution shall be introduced in writing and shall not
contain more than one comprehensive subject, which shall be clearly stated in its title, except
ordinances for the codification and revision of ordinances and general appropriation ordinances
which may contain the various subjects and accounts for which monies are to be appropriated.
An ordinance must be adopted at two meetings of the governing body not less than twelve
days apart. After the first adoption and reading, it must be posted and copies made available to the public. Every ordinance or resolution passed by the Commission shall be filed
29 Is this the correct adoption date? 30 The words “as amended” can be deleted throughout if you add my suggested definition for MCA.
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immediately with the City Clerk. The enacting clause of all ordinances passed by the City
Commission shall be:
"Be it ordained by the City Commission of the City of Bozeman."
B. No ordinance, unless it is declared an emergency, shall be passed upon the day on which it shall be introduced, unless so ordered by an affirmative vote of four-fifths of the
members of the Commission. All ordinances shall be in effect from, and after, thirty days from
the date of their passage by the Commission, except as otherwise provided by law. All
resolutions are immediately effective unless a delayed effective date is specified in the
resolution.
C. The Commission may, by an affirmative vote of four-fifths of its members, pass emergency measures to take effect at the time indicated therein. An emergency measure is an
ordinance or resolution for the immediate preservation of the public peace, property, health, or
safety, or providing for the usual daily operation of a municipal department, in which the
emergency is set forth and defined in a preamble thereto.
D. Every ordinance or resolution passed by the Commission shall be signed by the Mayor
or two members and filed with the Clerk within 2 days and recorded.
E. Every ordinance or resolution passed by the Commission shall be authenticated by the
signatures of the Presiding Officer who shall be the Mayor or the Deputy Mayor, and the City
Clerk, and recorded in a book kept for that purpose.
F. After a resolution is adopted, an ordinance is provisionally adopted (passed on first
reading), or finally adopted, the City Clerk shall post the resolution or ordinance in a conspicuous place in the Municipal Building, 121 North Rouse, Bozeman, Montana.
(Prior code, § 2.08.070; Code ????, § 2.04.090; Ord. No. 1100 § 6, 1982; Ord. No. 1381 § 1,
1994; Ord. No. 1537, § 6, 5-29-2001; Ord. No. 1727, § 1(2.04.090), 12-3-2007; Ord. No.
1757, § 1(2.04.090), 2-23-2009)
2.04.100 Robert's Rules of Order
Unless otherwise specifically provided herein or provided by statute, all meetings and hearings
shall be conducted in accordance with Robert's Rules of Order, revised.
(Ord. No. 1727, § 1(2.04.100), 12-3-2007; Ord. No. 1757, § 1(2.04.100), 2-23-2009)
2.04.110 Agenda
A. All reports, communications, ordinances, resolutions, contract documents or other
matters to be submitted to the Commission, shall be submitted to the City Clerk by 5:00 P.M. on the Wednesday immediately preceding the next scheduled Commission meeting, provided,
however, that the City Manager may approve late submittals deemed to be in the City's best
interest. The City Clerk, the Mayor, and the City Manager shall arrange a list of such matters
according to the order of business specified herein, and furnish each member of the
Commission, City Manager, and City Attorney with a copy of the agenda and packet of
information prior to the Commission meeting on the Thursday immediately preceding the next
scheduled Commission meeting. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the Municipal Building for
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public viewing. Pursuant to MCA 7-1-4135, the City Commission designates as its official
posting place the posting board in the lobby of the Municipal Building located at 121 North
Rouse, Bozeman, Montana.
B. The City Manager shall prepare the Commission regular meeting agenda. The City
Manager may consult with the Mayor in preparing the agenda. The Mayor or any three Commissioners may request an item be added to the agenda. The agenda shall be in
substantially the following form:
1. Executive Session (if required)
2. Pledge and Moment of Silence
3. Changes to the Agenda (if required)
4. Public Service Announcement (if required)
5. Approval of Minutes
6. Consent items (consent items are those which staff considers no discussion is necessary, including resolutions. However at the beginning of each meeting, any
Commissioner may request item(s) be removed from the consent agenda for the purpose of
discussion.
7. Public comment
8. Special Presentations (if required)
9. Action items
10. FYI/Discussion
11. Adjournment
NOTE: Items not on the agenda may be discussed at the discretion of the Commission, but NO
action may be taken until formally placed upon an upcoming meeting's agenda.
EXCEPTION: (Order may be adjusted by Commission consent.)
(Ord. No. 1727, § 1(2.04.110), 12-3-2007; Ord. No. 1757, § 1(2.04.110), 2-23-2009)
2.04.120 OPEN MEETINGS AND EMAIL
A. Except for properly-called executive sessions as permitted by state law, all meetings of
the City Commission shall be open to the public and media, freely subject to recording by
radio, television and photography at any time, provided that such arrangements do not
interfere with the orderly conduct of the meetings.
B. A majority of the Commission shall not conduct synchronized email discussions
involving a matter over which the Commission has supervision, control, jurisdiction, or
advisory power. Synchronized email discussions are email exchanges among three or more Commissioners within minutes of each other that create the quality of simultaneity similar to
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instant messaging or chat room discussions. Such discussions are characterized as an active
exchange of information rather than the passive receipt of information. An example of
synchronized email discussion would be three Commissioners sitting at their computers and
instantly exchanging emails concerning City Business, whereas a passive receipt of information
is where a Commissioner receives an email and responds in the normal course of time similar
to responding by letter received in the mail. The Commission shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a City
Commission meeting unless the submission is part of a specifically approved and adopted
electronic public testimony program. Electronic communication mechanisms include text
messaging or any other emerging technology that violates the spirit of open meeting laws.
This does not preclude viewing emails or electronic communication mechanisms that were received prior to the Commission meeting. Emails received by City Commissioners concerning
an agenda item shall be retained in accordance with the City's retention policy or be forwarded to the City Clerk.
(Ord. No. 1727, § 1(2.04.120), 12-3-2007; Ord. No. 1757, § 1(2.04.110), 2-23-2009)
2.04.130 CALL TO ORDER
The Mayor, or in his/her absence, the Deputy Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Commission to order. In the absence
of the Mayor or Deputy Mayor, the City Clerk shall call the Commission to order, whereupon a temporary chair shall be elected by the members of the Commission present. Upon the arrival
of the Mayor or Deputy Mayor, the temporary chair shall relinquish the chair upon the
conclusion of the agenda item immediately pending before the Commission.
(Ord. No. 1727, § 1(2.04.130), 12-3-2007; Ord. No. 1757, § 1(2.04.120), 2-23-2009)
2.04.140 LISTING OF ATTENDANCE
The City Clerk shall enter the names of those Commissioners present in the minutes.
(Ord. No. 1727, § 1(2.04.140), 12-3-2007; Ord. No. 1757, § 1(2.04.130), 2-23-2009)
2.04.150 QUORUM AND VOTING
A quorum shall consist of three Commissioners. If a quorum is not present, those in
attendance shall be named and shall adjourn to a later time. The City Clerk shall reduce motions to writing and, upon request, the motion shall be read prior to the vote. The
affirmative vote of three Commissioners shall be necessary to adopt any motion, resolution or ordinance, or pass any measure unless a greater number may be required by law. Upon every
vote, the ayes and nays shall be called and recorded.
(Ord. No. 1727, § 1(2.04.150), 12-3-2007; Ord. No. 1757, § 1(2.04.140), 2-23-2009)
2.04.160 MINUTES
A. Minutes of all meetings shall be recorded. Minutes shall be approved by the
Commission. It shall not be necessary to formally read the minutes prior to approval. Such minutes may be revised by the City Clerk to correct spelling, numbering and other such
technical defects. Prior to approval, any Commissioner may, through the Mayor or the Clerk,
request the privilege of amending or correcting the minutes to accurately reflect the substance
of the prior meeting. If objection is made by any Commission member to such amendment or
correction, a majority vote of the Commission shall be necessary for adoption of the correction or amendment.
Page 34 of 924
B. Executive Session Minutes
1. Executive Session minutes shall be recorded by the City Clerk and approved in open
session; provided, however that any discussion concerning the contents of the minutes, prior
to approval, shall be conducted in executive session. The City Clerk will distribute the draft Executive Session Minutes to the Commission in a manner that ensures and retains
confidentiality.
2. The City Clerk shall forward copies of all executive session minutes still held in
confidentiality to the City Attorney. The City Attorney shall review these minutes, determining which, if any can be released to the public in whole or in part without jeopardizing the need for
confidentially, and advise the City Clerk. The City Clerk shall present a resolution to the Commission for adoption releasing the executive session minutes, in whole or in part, as
approved for release by the City Attorney. Those executive session minutes to be released
shall be designated by subject matter. Upon adoption of the resolution, those minutes or
portions of minutes approved for release shall be placed in the minute books of the City
Commission and available for public inspection.
3. If a member of the public requests from the City Clerk access to executive session minutes not yet released to the public as set forth above, the requestor shall submit a Public
Records Request to the City Clerk. The City Clerk shall consult with the City Attorney on the
subject matter as requested. The City Attorney shall advise the City Clerk if the minutes can
be released. If approved for release by the City Attorney, a resolution releasing said minutes
shall be presented to the City Commission for adoption at their next regularly scheduled
meeting. Upon adoption of the resolution by the City Commission, the minutes shall be
released to the public.
(Ord. No. 1727, § 1(2.04.160), 12-3-2007; Ord. No. 1757, § 1(2.04.150), 2-23-2009)
2.04.170 RULES OF DEBATE
A. Every Commissioner desiring to speak shall address the Chair, and upon recognition by
the presiding officer, shall confine discussion to the question under debate, avoiding all
personalities and indecorous language.
B. A Commissioner, once recognized, shall not interrupted when speaking unless it is to be
called to order, or as herein otherwise provided. If a Commissioner, while speaking is called to
order, the Commissioner shall cease speaking until the question of order be determined, and,
if in order, the Commissioner shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the
Mayor.
D. 1. A motion to reconsider any action taken by the Commission must be made on
the day such action was taken. It must be made either immediately during the same session,
or at a recessed and reconvened session thereof. Such motion shall be made by one of the
prevailing side, but may be seconded by any Commissioner, and may be made at any time and
have precedence over all other motions or while a Commissioner has the floor. It shall be
debatable.
2. Nothing herein shall be construed to prevent any Commissioner from making or remaking the same or any other motion at a subsequent meeting of the Commission, but the
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matter must be an agenda item.
E. A Commissioner may rely upon the advice of the City Attorney as to whether the
Commissioner has a conflict of interest. If the Commissioner is advised that there is a conflict
of interest, the Commissioner must excuse themselves from discussion and vote except in the
event of a tie vote.
F. After a motion, duly made and seconded, by the Commission, no person shall address
the Commission without first securing the permission of the Chair.
(Ord. No. 1727, § 1(2.04.170), 12-3-2007; Ord. No. 1757, § 1(2.04.160), 2-23-2009)
2.04.180 ORDER OF PRESENTATION AND PUBLIC PARTICIPATION IN REGULAR MEETINGS
A. The procedure in which items are presented to the Commission shall be as follows:
1. The City Manager shall present the agenda item to the Commission.
2. The City Staff may present a background report on the matter for discussion. If the agenda item is a public hearing, the Mayor will open the public hearing prior to staff
presentation. Upon conclusion of a staff report, Commissioners may ask questions for the purposes of understanding and clarification.
3. Comments from the applicant, or his agent, shall be heard by the Commission. The
applicant's presentation/testimony is limited to ten (10) minutes.
4. After being recognized by the Chair, a Commissioner may direct questions to the staff
or applicant.
5. Members of the audience or their agent may be invited to present testimony or other
evidence. To be recognized, each person desiring to give testimony shall step to the lectern
and, after being recognized, give his or her name and address before testifying, commenting
or presenting other evidence. The audience presentation/testimony is limited to three (3)
minutes per speaker. The Presiding Officer may lengthen or shorten public testimony.
6. After being recognized by the Chair, a Commissioner may direct questions to any
person so testifying for purposes of clarification.
7. Following public comment, staff shall be given the opportunity to comment on any
testimony or other evidence.
8. Following staff comment, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant's comments and rebuttal is
limited to five (5) minutes.
9. Following applicant rebuttal and any further questions, the Mayor will close the Public
Hearing and bring the agenda item to the dais for discussion, motion and vote.
10. After being recognized by the Chair, a Commissioner may direct questions limited to the
rebuttal testimony and evidence.
11. The City Clerk shall enter into the record all correspondence that has been received but
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was not yet provided to the Commission.
12. The Commission may continue the discussion to a date certain, close discussion and
vote on the matter, or close the discussion and continue the vote to a date certain.
13. The Commission, upon the request of a Commissioner who is to be absent from a meeting at which a public hearing on a particular item of interest is scheduled, may reschedule
the public hearing until a full Commission is present, unless precluded from doing so due to
statutory time constraints.
B. All testimony and evidence shall be directed to the Chair. No person, other than a Commissioner and the person recognized as having the floor shall be permitted to enter into
the discussion. No questions shall be asked of a Commissioner except through the presiding officer.
C. The Commission may ask staff for its recommendation.
D. In the event the applicant does not appear at the scheduled time and place, unless the
applicant has waived his or her appearance in writing, and which waiver has been accepted by
the Commission, or unless the matter is submitted as a consent item, the matter may be continued to the next regular meeting, public hearing date, or other date certain.
E. For all public hearings involving land use and annexation decisions, the Commission will
wait a minimum of one week before making a decision whenever requested by a member of
the Commission unless a decision is required due to a statute, ordinance or other law.
F. Commissioners are urged to state the reasons for their decisions, particular on land use issues; the record must reflect reasons for all decisions involving zoning variances.
G. Witnesses may be required to testify under oath.
H. The Commission shall not be bound by the strict rules of evidence, but may exclude
irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
I. The Chair shall rule on all questions relating to the admissibility of evidence with advice
from the City Attorney, which ruling may be overruled by a majority vote of the Commission.
J. A public hearing which has been formally closed for all public input may not be
reopened and no additional evidence or testimony from the public shall be received or
considered. If additional information is required from the public before a decision can be
made, the Commission upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be duly noticed, specifying date, time place and
subject matter of hearing. This paragraph does not preclude the Commission, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a
hearing held on a preliminary plat, pursuant to MCA 76-3-605, from consulting the subdivider
about conditions or other mitigation required of the subdivider. If the motion is made to
reopen the public hearing prior to close of the agenda item in which the hearing was closed,
the requirement to provide public notice does not apply; the public hearing may be reopened
and the additional input provided prior to moving to the next agenda item.
K. A City Commissioner has an obligation to vote unless there is a conflict of interest. In
the event of a tie a Commissioner is required to vote after disclosing the conflict of interest.
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(Ord. No. 1727, § 1(2.04.180), 12-3-2007; Ord. No. 1757, § 1(2.04.170), 2-23-2009)
2.04.190 DECORUM
A. While the Commission is in a session, the Commissioners must preserve order and decorum, and a Commissioner shall neither, by conversation or otherwise, delay or interrupt
the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or its presiding officer.
B. Any person making personal, impertinent or slanderous remarks or who shall become
boisterous while addressing the Commission shall be forthwith barred from further audience
with the Commission by the presiding officer, unless permission to continue be granted by a majority vote of the Commission.
C. The Commission shall not debate, in a heated or argumentative manner, with a member
of the public presenting testimony during a public hearing or regular meeting.
D. Speakers shall only address the agenda item before the Commission. Any person
speaking on an agenda item not before the Commission shall be called out of order.
(Ord. No. 1727, § 1(2.04.190), 12-3-2007; Ord. No. 1757, § 1(2.04.180), 2-23-2009)
2.04.200 BOARDS, COMMISSIONS AND COMMITTEES
A. In addition to boards and commissions established by Statute, the Commission may
create boards, commissions or committees as determined necessary.
B. All City boards, commissions or committees will be established by the City Commission
and members appointed following a public solicitation through the newspaper advertised not
less than twice annually. Between public solicitations for members, appointments may be made to fill unexpected vacancies or vacancies not filled through the last round of
advertisements from those applications on file as of the date of appointment. Subcommittees
of existing boards, commissions or committees may be appointed by the City Commission
without the necessity of public solicitation. Members shall be appointed by a majority of the
Commission for all appointments made by the City Commission. In the case of statutorily authorized mayoral appointments, the Mayor shall seek the concurrence of at least two other
Commissioners.
(Ord. No. 1727, § 1(2.04.200), 12-3-2007; Ord. No. 1757, § 1(2.04.190), 2-23-2009)
Chapter 2.05
ACQUISITION AND TRANSFER OF CITY PROPERTY
2.05.010 Authorization for City to obtain property.
The City Commission has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to purchase, receive by donation or exchange, or lease any real or personal
property necessary for the use of the City and to preserve, take care of, manage, and control
the same.
(Ord. No. 1658, § 1(2.05.010), 1-17-2006)
2.05.020 Appraisal required for certain purchases of real property or conservation
easements. Unless otherwise provided by law, the City may not purchase real property in an amount in
Page 38 of 924
excess of $200,000 or a conservation easement using public funds in an amount in excess of
$40,000 unless the value of the property or conservation easement has been previously
estimated by a disinterested certified general real estate appraiser selected by the City
Manager.
(Ord. No. 1658, § 1(2.05.020), 1-17-2006; Ord. No. 1683, § 1, 11-27-2006)
2.05.030 Authorization to sell and exchange City property.
A. The City Commission has the power to sell, trade, or exchange any real or personal
property, however acquired, belonging to the City that is not necessary to the conduct of City
business or the preservation of its property.
B. Whenever the City purchases equipment, as provided in MCA 7-5-4301 through 7-5-
4310, City equipment that is not necessary to the conduct of the City business may be traded in as part of the purchase price or may be sold at public auction, as provided in MCA 7-5-
4310, in the discretion of the City Manager or City Manager's designee.
C. Any sale, trade, or exchange of real or personal property must be accomplished under
the provisions of this Chapter. In an exchange of real property, the properties must be appraised, and an exchange of City property may not be made unless property received in
exchange for the City property is of an equivalent value. If the properties are not of equivalent values, the exchange may be completed if a cash payment is made in addition to the delivery
of title for property having the lesser value.
D. If the City owns property containing a historically significant building or monument, the
City may sell or give the property to nonprofit organizations or groups that agree to restore or
preserve the property. The contract for the transfer of the property must contain a provision
that:
1. requires the property to be preserved in its present or restored state upon any
subsequent transfer; and
2. provides for the reversion of the property to the City for noncompliance with conditions
attached to the transfer.
(Ord. No. 1658, § 1(2.05.030), 1-17-2006)
2.05.040 Requirements for certain sales.
When the City Commission, after public hearing, has determined by a two-thirds vote of all the
members that any real property owned by the city is not needed for public use, or that the
public interest may be furthered, the City may sell such property by bid, auction with reserve,
or negotiated sale or exchange, subject, where appropriate, to a minimum price established through an appraisal that certifies the value of such property. Notice of sale, exchange, or
auction shall be published as provided in MCA 7-1-4127. The city may terminate the sale procedures used at any time and may reinitiate the same or different procedures at a later
date.
(Ord. No. 1658, § 1(2.05.040), 1-17-2006 Ord. No. 1713, § 1, 8-27-2007)
2.05.050 Terms of sale.
A. Except as provided in Section 2.05.030.D, a sale under this part must be for cash or on
terms that the City Commission may approve, provided that at least 20% of the purchase
Page 39 of 924
price is paid in cash. All deferred payments on the purchase price of any property sold must
bear interest at a market rate, payable annually, and may be extended over a period of not
more than five years.
B. Subject to Section 2.05.030.D, a sale may not be made for less than 90% of the
appraised value.
C. Subject to Section 2.05.030.D, the title to any property sold may not pass from the City
until the purchaser or the purchaser's assigns have paid the full amount of the purchase price
into the City treasury for the use and benefit of the City.
(Ord. No. 1658, § 1(2.05.050), 1-17-2006)
2.05.060 Appraisal required for certain sales.
Unless otherwise provided, no sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale.
(Ord. No. 1658, § 1(2.05.060), 1-17-2006)
2.05.070 Use of proceeds of property disposition.
The funds derived from property disposed of in accordance with this chapter, in the discretion
of the City Commission, may be credited to any account that is in the best interest of the City."
(Ord. No. 1658, § 1(2.05.070), 1-17-2006)
Chapter 2.06
MUNICIPAL COURT*
*State law reference—Municipal courts, MCA 3-6-101 et seq.
Sections: 2.06.010 Establishment of the municipal court.
2.06.020 Sessions of the municipal court.
2.06.030 Office of clerk of the municipal court.
2.06.040 Duties of the clerk of the municipal court.
2.06.050 Office of municipal judge.
2.06.060 Method of selection and term of office.
2.06.070 Qualifications of municipal judge. 2.06.080 Powers and duties of municipal judge.
2.06.090 Procedure for court appointed counsel.
2.06.100 Compensation and expenses.
2.06.110 Oath and deposit of funds.
2.06.120 Qualifications of a judge pro tempore.
2.06.130 Vacancy filled by commission.
2.06.140 Appeal to district court. 2.06.150 Limitation on appeals.
2.06.010 Establishment of the municipal court.
A. The municipal court is hereby established pursuant to Title 3, Chapter 6, Montana Code
Annotated (MCA 3-6-101 et seq.). The court is established for all intents and purposes set
forth in state law and any reasonable inference therein.
Page 40 of 924
B. The municipal court will be a court of record by electronic recording or stenographic
transcription and will assume continuing jurisdiction over all pending city court cases.
31C. The municipal court will commence on January 1, 2000.
(Code ????, § 2.06.010; Ord. No. 1490 § 1, 1999)
2.06.020 Sessions of the municipal court.
A. The municipal court will be in a continuous session from nine o'clock a.m. until noon
and from one o'clock p.m. until four o'clock p.m. on every day except nonjudicial days. The
judge may set additional hours as necessary.
B. Nonjudicial days are defined as any legal holidays, or days appointed by the President of the United States or by the Governor of Montana for a public fast, thanksgiving, or holiday
except as set forth in subsection C of this section.
C. The municipal court will, on any day:
1. Give instructions to a jury when deliberating;
2. Receive a verdict or discharge a jury;
3. Exercise its powers in a criminal action; and
4. Issue writs of prohibition, injunctions and habeas corpus.
(Code ????, § 2.06.020; Ord. No. 1490 § 1, 1999)
2.06.030 Office of clerk of the municipal court.
The position of clerk of the municipal court is established. The clerk will work under the
supervision and control of the department of finance.
(Code ????, § 2.06.030; Ord. No. 1490, § 1, 1999)
2.06.040 Duties of the clerk of the municipal court.
The clerk of the municipal court will establish, maintain, retain and administer all municipal court records by means of electronic filing or storage or both. In any event, the clerk will
maintain a paper copy of all records established. The clerk will assist the municipal judge in
the recording and signing of court proceedings as well as general operations of the court. The
clerk will have all other powers and duties as prescribed in MCA 3-5-501., relevant to a
municipal court as well as all other duties assigned by the department of finance.
(Code ????, § 2.06.040; Ord. No. 1490, § 1, 1999)
2.06.050 Office of municipal judge.
The office of municipal judge is hereby established for the city. There will be one full-time
municipal judge. The judge will not be employed in addition to the employment as a municipal
judge.
31 This subsection is unnecessary now.
Page 41 of 924
(Code ????, § 2.06.050; Ord. No. 1490, § 1, 1999)
2.06.060 Method of selection and term of office.
The person holding the office of municipal judge will be elected at a general election and will hold office for a period of four years.
(Code ????, § 2.06.060; Ord. No. 1490, § 1, 1999)
2.06.070 Qualifications of municipal judge.
A municipal judge, at the time of election or appointment, will be a resident of and registered
to vote in the city. The municipal judge must have the same qualifications as a district judge,
as set forth in Article VII, Section 9, of the 1972 Montana Constitution, except that the judge need only be admitted to the practice of law in the state of Montana for a minimum of two
years prior to the date of election or appointment.
(Code ????, § 2.06.070; Ord. No. 1490, § 1, 1999)
2.06.080 Powers and duties of municipal judge.
The municipal judge will have those powers and duties as are provided by state law and the
Montana Supreme Court. The judge will also have all duties imposed by city ordinances. The judge will hear and determine all suits, actions and prosecutions instituted in the municipal
court pursuant to state law and ordinances of the city.
(Code ????, § 2.06.080; Ord. No. 1490, § 1, 1999)
2.06.090 Procedure for court appointed counsel.
A. Upon request for court appointed defense counsel, the municipal judge will require the
defendant complete and sign a written application for court appointed counsel as provided in the Montana Supreme Court Bench Book. This application will be notarized prior to
submission. The municipal judge will verify all information provided by the defendant prior to
appointing a public defender.
B. The municipal judge will establish written criteria for determining proper appointment of
defense counsel for indigent defendants in criminal actions and appoint counsel to all
individuals who qualify under this criteria. The municipal judge will provide a copy of the criteria to the city commission and the city manager within thirty days of taking office or
assuming the position of municipal judge.
C. The municipal judge will provide the city commission and city manager with a report
indicating the number and type of cases in which the defendant received appointed counsel;
the income level of each individual appointed counsel; and any other information the municipal
judge feels pertinent. The report will be due on or before the 15th of every month.
(Code ????, § 2.06.090; Ord. No. 1490 § 1, 1999)
2.06.100 Compensation and expenses.
A. The city commission will establish the annual salary of the municipal judge by
ordinance.
B. The municipal judge will receive any actual and necessary expenses as budgeted in the
Page 42 of 924
city's annual budget.
(Code ????, § 2.06.100; Ord. No. 1490, § 1, 1999)
2.06.110 Oath and deposit of funds.
A. The oath of office will be filed with the office of the clerk of the commission.
B. The moneys, from whatever source, collected under the jurisdiction of the municipal
judge will be deposited and managed in accordance with the rules of the Montana Supreme
Court.
C. So long as the rules of the Montana Supreme Court do not require otherwise, all such moneys will be deposited daily with the treasurer of the city as directed by the director of
finance.
D. In order to establish an appropriate control of moneys deposited temporarily for bonds,
appearance bonds, etc., all such moneys will be placed into a trust fund to be maintained and
controlled by the clerk of the municipal court. Upon final disposition of the matter to which
such a bond pertains by the municipal court, the clerk of the municipal court will disburse such moneys according to the direction of the municipal judge.
(Code ????, § 2.06.110; Ord. No. 1490, § 1, 1999)
2.06.120 Qualifications of a judge pro tempore.
A. When a judge of the municipal court has been disqualified or is sick or for any reason
unable to act, the judge will call in a qualified practicing attorney of the city who will be judge
pro tempore with the same powers for the purposes of the cause as the judge of the municipal
court.
B. Any person acting as judge pro tempore must meet the following qualifications:
1. Be an attorney admitted to practice in the state of Montana for a period of not less than
two years; and
2. Be either a resident of the city or have a law practice or other law-related employment
whose business address is within the Bozeman city limits.
(Code ????, § 2.06.120; Ord. No. 1490, § 1, 1999)
2.06.130 Vacancy filled by commission.
Should a vacancy occur in the office of municipal judge, the city commission will appoint a
qualified individual to serve for the remainder of the term.
(Code ????, § 2.06.130; Ord. No. 1490, § 1, 1999)
2.06.140 Appeal to district court.
A. A party may appeal a municipal court judgment or order to the district court in either
criminal or civil actions. An appeal to the district court is confined to review of the record and
questions of law, subject to the Supreme Court's rulemaking and supervisory authority.
B. On appeal, the clerk of the municipal court will transfer the record consisting of an
Page 43 of 924
electronic recording or stenographic transcription of the case tried, together with all papers
filed in the action. The clerk may charge the requestor a reasonable fee for any copies or
transcription made necessary by the appeal.
(Code ????, § 2.06.140; Ord. No. 1490 § 1, 1999)
2.06.150 Limitation on appeals.
A. A party in a civil case may appeal a municipal court judgment or order to the district
court in cases where the amount in controversy exceeds one thousand dollars.
B. In criminal actions, a defendant may appeal a municipal court judgment or order to the
district court in cases where the amount in controversy exceeds three hundred dollars or where incarceration has been ordered. The state may appeal in any instance set forth in
Montana law.
C. Notwithstanding the foregoing, the district court may, in the interests of justice, accept
appeal jurisdiction upon petition of the aggrieved party.
(Code ????, § 2.06.150; Ord. No. 1490, § 1, 1999)
Chapter 2.08
CITY MANAGER
Sections:
2.08.010 Appointment--Powers and duties.
2.08.020 Compensation--Oath of office--Bond.
2.08.010 Appointment--Powers and duties.
A. The commission shall appoint a city manager, who shall be the administrative head of
the city government and be responsible for the efficient administration of all its departments.
He shall hold his office at the will of the commission.
B. The powers and duties of the city manager shall be to:
1. Enforce laws, ordinances and resolutions;
2. Perform the duties required of him by law, ordinance or resolution;
3. Administer the affairs of the local government;
4. Direct, establish, organize, supervise, and administer all departments, agencies and offices of the local government unit except as otherwise provided by law or ordinance;
5. Carry out policies established by the commission;
6. Prepare the commission agenda;
7. Recommend measures to the commission;
8. Report to the commission on the affairs and financial condition of the local government;
Page 44 of 924
9. Execute bonds, notes, contracts and written obligations of the commission, subject to
the approval of the commission;
10. Report to the commission as the commission may require;
11. Attend commission meetings and may take part in the discussion, but may not vote;
12. Prepare and present the budget to the commission for its approval and execute the
budget adopted by the commission;
13. Appoint suspend and remove all employees of the local government except as otherwise
provided by law or ordinance;
14. Appoint members of temporary advisory committees established by the manager."
(Prior code, § 2.08.100; Code ????, § 2.08.010; Ord. No. 1537, § 7, 5-29-2001)
2.08.020 Compensation--Oath of office--Bond.
The city manager shall receive such salary as may be fixed by the commission. Before
entering upon the duties of his office, he shall take and subscribe to the oath of office, and he shall give an official bond in such sum as may be fixed by the commission, conditioned for the
faithful performance of the duties of his office, with sufficient surety to be approved by the
commission, and such oath and bond shall be filed with the clerk thereof."
(Prior code, § 2.08.110; Code ????, § 2.08.020; Ord. No. 1537, § 8, 5-29-2001)
Chapter 2.1032
2.10.010 Assistant City Manager. The City Manager shall appoint an Assistant City Manager who shall serve as acting City
Manager in the absence of the City Manager. The Assistant City Manager shall perform such
other duties by direction of the City Manager or as required by law."
(Ord. No. 1643, § 1, 7-18-2005)
Chapter 2.12
ADMINISTRATIVE DEPARTMENTS GENERALLY33
Sections:
2.12.010 Administrative departments established.
2.12.010 Administrative departments established.
A. The following administrative departments of the city are established:
1. Department of Law;
2. Department of Public Service;
32 Suggest merging this section in the chapter on city manager. 33 Do you need a whole chapter for this one section?
Page 45 of 924
3. Department of Planning & Community Development;
4. Department of Public Safety;
5. Department of Finance.
B. The City Manager may, by Administrative Order, transfer, eliminate, or add functions, to
the departments, to include organizing or reorganizing all divisions thereunder."
(Prior code, § 2.08.130; Code ????, § 2.12.010; Ord. No. 1643, § 2, 7-18-2005)
Chapter 2.16
CITY ATTORNEY--DEPARTMENT OF LAW34
Sections:
2.16.010 City attorney--Appointment--Authority as head of department of law.
A. The head of the department of law shall be an attorney at law, who has been admitted to practice in the state, and shall be known as the city attorney. The city attorney shall be the
legal advisor of and attorney and counsel for the city and for all the officers and departments
thereof in matters relating to their official duties. The city attorney shall perform duties and
have the authority conferred upon city attorneys by law.
B. The city attorney shall be appointed by the city manager. Before entering upon the
duties of his or her office, he or she shall take and subscribed to the oath of office and give an official bond, if the commission shall require, in a sum to be fixed by it, with sufficient surety
to be approved by the commission, and said oath and bond shall be filed with the clerk thereof. The city attorney shall receive such salary as may be fixed by the city manager."
(Prior code, § 2.08.140; Code ????, § 2.16.010; Ord. No. 1537, § 9, 5-29-2001)
Chapter 2.20
HEALTH OFFICER35
Sections:
2.20.010 Health officer--Appointment--Powers and duties.
2.20.010 Health officer--Appointment--Powers and duties.
There shall be a health officer of the city who, under the direction and control of the city manager or director of public welfare, shall enforce all ordinances and laws relating to health,
and shall perform all duties and have all powers provided by law relative to the public health
and applicable to or to be exercised in municipalities by health officers. He shall be appointed
by the city manager, and shall serve until removed by him, or until his successor is appointed
34 Do you need a whole chapter for this one section? 35 I assume that I can delete chapters where all the sections have been repealed.
Page 46 of 924
and qualifies. Before entering upon the duties of his office, the city health officer shall take
and subscribe to the oath of office, and shall give an official bond if the commission shall
require, in a sum to be fixed by it, with sufficient surety to be approved by the commission,
and said oath and bond shall be filed with the clerk thereof. He shall receive such salary or
compensation as may be fixed by the city manager.
(Prior code, § 2.08.190; Code ????, § 2.20.010)
Chapter 2.30 Office of the City Clerk
2.30.010 City Clerk.
A. The City Clerk shall be appointed by the City Manager and shall serve until removed by him, or until a successor is appointed and qualifies.
B. Powers and duties of the City Clerk shall include:
1. Attend all meetings of the Commission and record and sign the proceedings thereof.
2. Keep records of the Commission. Maintain and preserve the minutes and records of the proceedings of the Commission in accordance with State statutes, ordinances and resolutions.
3. Record ordinances and resolutions. Enter into a book all ordinances and resolutions
passed and adopted by the Commission and be the legal custodian of the same.
4. Maintain all contracts passed, adopted or entered into by the City.
5. Countersign and cause to be posted or published, as provided by State statute, all
ordinances or resolutions adopted by the Commission.
6. Publish all legal notices as required by State statute or ordinance.
7. Take and administer oaths.
8. Make and certify copies of all records, books and papers in the possession of the office.
9. Make and keep a complete index of the minutes, ordinances and resolutions on file in
the office.
10. Post meeting notices. Cause notices of special meetings of the City Commission to be
posted in accordance with State statutes, ordinances or resolutions.
11. Maintain the City seal. Have custody of the seal of the City and affix it to such documents as may be required and authorized pursuant to law.
12. Records Manager. Serve as the City's records manager, ensuring that all records of the
City are retained and maintained in accordance with State statutes and adopted records
retention schedules.
13. Perform such other duties as may be required by ordinance or resolution or by order of
the City Manager.
C. The City Clerk shall receive such salary as may be fixed by the City Manager."
Comment [kbar1]: Bc section
repealed by ord no 1537
Page 47 of 924
(Ord. No. 1632, § 1, 4-4-2005)
2.32.050 Assistance by clerk of the commission--Oath and bond.2.30.020 City
Clerk - Oath and bond
Before entering upon the duties of the office, the City Clerk shall take and subscribe to the oath of office, and give an official bond which bond shall cover the duties of the City Clerk."
(Prior code, § 2.08.360; Code ????, § 2.32.050; Ord. No. 1537, § 13, 5-29-2001; Ord. No.
1632, § 2, 4-4-2005))
Chapter 2.32
DEPARTMENT OF FINANCE
Sections: 2.32.010 Director of finance--Appointment--Bond--Powers and duties.
2.32.020 City manager duties.
2.32.030 Fiscal year--Revenue and expenditure estimates.
2.32.040 Sinking fund trustees designated.
2.32.050 Assistance by clerk of the commission--Oath and bond.
2.32.010 Director of finance--Appointment--Bond--Powers and duties.
A. The director of public finance shall be the head of the department of finance, and shall
work under the supervision and control of the city manager in all matters; except that as
custodian of all the public moneys which may come into his hands, he shall be governed by
the laws of the state relating to city treasurers and funds of municipalities, and shall be
responsible under his bond for the safekeeping of all public moneys and the deposit of the
same as required by law. The director of finance shall be custodian of all public moneys for the city and all other public moneys for the city and all other public moneys coming into his hands.
He shall keep and preserve such money in the place or places determined by ordinance or by
the provisions of any law applicable thereto. Except as otherwise provided by law, he shall
collect, receive and disburse all other public moneys coming into his hands, in pursuance of
such regulations as may be prescribed by the authorities having lawful control of such funds.
The director of finance shall keep and have the supervision of all accounts of the city, and shall
be the collector of all moneys paid to the city.
B. The director of finance shall:
1. Mail notices of all special assessments for public improvements to property owners, and
perform all duties in connection with special assessments for improvements prescribed by law
for city treasurers;
2. Have charge of the collection of such assessments as are payable directly to the city
and the preparation of the lists and the certification thereof of all unpaid assessments to the county treasurer for collection by him;
3. Issue all licenses and collect all fees therefor;
4. Be the collector of water rents and all other moneys owing to the city on account of the
city waterworks system. The director of finance shall be responsible for the safekeeping of all
funds on account of the city waterworks system, and the bond to be given by the director of
Page 48 of 924
finance, as hereinafter provided, shall cover his duties with respect to funds derived from or
on account of the waterworks system, as well as all other funds which may come into his
hands.
C. The director of finance shall have all the authority and shall be charged with all the
duties prescribed by all of the laws of the State of Montana and ordinances of the city relating to the powers and duties of city treasurers of municipalities, except that the director of finance
shall not have charge of the purchasing of supplies for or selling property belonging to the
city."
D. The director of finance shall be appointed by the city manager. Before entering upon the duties of his or her office, the director of finance shall take and subscribe to the oath of office,
and give an official bond in the sum of at least twenty thousand dollars, and such an additional amount as the commission may require, with sufficient surety to be approved by the
commission, and said oath and bond shall be filed with the clerk thereof. The director shall
receive such salary as may be fixed by the city manager."
(Prior code, § 2.08.320; Code ????, § 2.32.010; Ord. No. 1537, § 10, 11, 5-29-2001)
2.32.020 City manager duties.
Under the department of finance, the duties of the city manager shall include the purchase, storage and distribution of supplies needed by the various departments, and he shall have
charge, under the supervision of the city commission, of selling all real and personal property
of the city not needed or suitable for public use or that may have been condemned as useless
by him. He shall have charge of such storerooms and storehouses as the city may possess in
which shall be stored all supplies and materials purchased by the city and not delivered to the
various departments. He shall inspect all supplies delivered to determine quality and quantity
in conformity with specifications.
(Prior code, § 2.08.330; Code ????, § 2.32.020)
2.32.030 Fiscal year--Revenue and expenditure estimates.
A. The fiscal year of the city shall begin on the first day of July. The city manager shall
submit to the commission an estimate of the expenditures and revenues of the city departments for the ensuing year. Thereafter, and upon receipt of such estimate, the
commission shall prepare and pass an appropriation ordinance."
B. Upon request of the city manager, the commission may transfer any part of an
unencumbered balance of an appropriation to a purpose or object for which the appropriation
for the current year has provided insufficient, or may authorize a transfer to be made between
items appropriated to the same office or department.
C. At the close of each fiscal year, the unencumbered balance of each appropriation shall revert to the respective funds from which it was appropriated and shall be subject to future
appropriation.
(Prior code, § 2.08.340; Code ????, § 2.32.030; Ord. No. 1537, § 12, 5-29-2001)
2.32.040 Sinking fund trustees designated.
The members of the commission, the city manager and the director of finance shall constitute
the sinking fund trustees. The mayor shall be the president and the director of finance and
Page 49 of 924
shall be the secretary of the trustees of the sinking fund. The trustees of the sinking fund shall
manage and control the sinking fund in the manner provided by the laws of the state or by
ordinance.
(Prior code, § 2.08.350; Code ????, § 2.32.040)
Chapter 2.36
DIVISION OF RECREATION
Sections:
2.36.010 Creation and purpose of division. 2.36.020 Division administration.
2.36.030 Recreation and parks advisory board creation, membership and meetings.
2.36.050 Board, ex officio member.
2.36.060 Board secretary.
2.36.070 Board recommendations to city manager.
2.36.080 Board recommendations to city commission. 2.36.090 Board--Donations.
2.36.100 Division duties. 2.36.110 Recreation fees.
2.36.010 Creation and purpose of division.
There is created in and under the department of public welfare of the city a division of
recreation. The division shall have charge of and be charged with the responsibility for public
recreation, playground work and other activities to be carried on in the public parks and playgrounds and other facilities of the city and facilities contracted for with other agencies.
(Code ????, § 2.36.010; Ord. No. 1175, § 1, 1985)
2.36.020 Division administration.
The functions of the division of recreation shall be carried out by a designee of the city manager and such employees and/or assistants as may be necessary.
(Code ????, § 2.36.020; Ord. No. 1175, § 1, 1985)
2.36.030 Recreation and parks advisory board creation, membership and
meetings.
A. The city commission shall appoint a recreation and parks advisory board, hereinafter
referred to as the "board," which shall consist of up to fourteen members, representing as many facets of recreational programs as possible and selected as follows:
1. Seven of the members shall be city of Bozeman residents appointed by the city
commission;
2. Two of the members shall be recommended by the board of commissioners of Gallatin
County, Montana, with final appointment to be made by the city commission;
3. Up to three additional at-large members may be appointed by the city commission, with
Comment [kbar2]: repealed by
ord no 1643
Page 50 of 924
city residency being a consideration, but not a mandatory requirement; and
4. Up to two student members from area secondary schools, including home schooled
students, may be appointed by the city commission, with city residency being a consideration,
but not a mandatory requirement.
All members shall be appointed for terms of three years, except student members who shall
be appointed for a term of one year. A majority of the members on the board, regardless of its
size, shall be residents of the city.
B. The board shall hold an annual meeting in January, at which meeting it shall elect one of its members as chairman of the board to serve as such for the ensuing year; and it shall
hold such other meeting as may be required to transact business which may come before it. A majority of the voting members of the board shall constitute a quorum for the purposes of
conducting business. Regular meetings will be held on such dates as may be set by the board,
and special meetings may be held on any date at the request of a majority of the members of
the board, the city manager or the city commission. All meetings shall be open to the public.
Reasonable public notice shall be given prior to all regular and special meetings.
(Code ????, § 2.36.030; Ord. No. 1175, § 1, 1985; Ord. No. 1312, § 1, 1990; Ord. No. 1507, §
1, 2000)
2.36.050 Board, ex officio member.
The city manager, or a designee, shall be an ex officio, nonvoting member of the board. It
shall be his duty to keep the board informed as to city policies, the city budget, to make
available to them any information which he deems pertinent to the recreation and parks
advisory board.
(Code ????, § 2.36.050; Ord. No. 1175, § 1, 1985; Ord. No. 1312, § 3, 1990)
2.36.060 Board secretary.
The board shall select a secretary, who shall attend all meetings of the board and keep correct
minutes of all proceedings of the board in a book to be provided for that purpose, to be called
the "record of the recreation and parks advisory board of the city of Bozeman" and shall perform such other duties necessarily implied by the activities and duties of the board. The
secretary may be an employee of the city approved by the city manager or a board member.
(Code ????, § 2.36.060; Ord. No. 1175, § 1, 1985; Ord. No. 1312, § 4, 1990)
2.36.070 Board recommendations to city manager.
The board shall make recommendations to the city manager on the following subjects:
A. The number and nature of duties of division employees and/or assistants;
B. Recreation program offerings;
C. Rules and regulations for the management of playgrounds, recreation centers and other
recreation places and activities;
D. Fees to be charged for activities and use of recreation property;
Page 51 of 924
E. Annually review with administration each year a proposed budget covering the
recreational activities to be offered for the ensuing fiscal year; and
F. Other recommendations as requested."
(Code ????, § 2.36.070; Ord. No. 1175, § 1, 1985; Ord. No. 1643, § 3, 7-18-2005)
2.36.080 Board recommendations to city commission.
The board shall make recommendations to the city commission on policy and procedural
matters in the field of public recreation. Subject to the approval of the city manager, the board
shall make recommendations on the following subjects:
A. Equipment, operation and supervision of playgrounds, athletic fields, swimming pools
and indoor recreation facilities, on or in any public grounds or buildings, either within or without the city, which the city commission may from time to time provide, acquire, authorize,
offer, designate or set apart for such use;
B. The organization and conduct of play and recreation activities on the grounds and in the
buildings under the control of the school district or Gallatin County, upon approval of the respective entity;
C. The use of any grounds, places, buildings or facilities which may be offered, either
temporarily or permanently, by individuals or corporations for playground or recreational
purposes;
D. On parkland or cash-in-lieu proposals by developers through the planning process; and
E. Other recommendations as requested.
(Code ????, § 2.36.080; Ord. No. 1175, § 1, 1985)
2.36.090 Board--Donations.
When approved by the city commission, the board may, on behalf of the city, receive
donations, legacies or bequests for the improvement or maintenance of playgrounds, recreation centers or other recreational facilities; and all moneys that may be derived from
such donations, legacies or bequests shall be deposited with the director of finance of the city to the credit of the recreation trust fund; and the same may be drawn therefrom and paid out
upon approval of the city commission in the same manner as provided in payment of moneys
legally appropriated for the acquisition, support and improvement for playgrounds, recreation
centers and other recreation places; and the moneys so derived from such donations, legacies
or bequests shall be used solely for such playground or recreation uses.
(Code ????, § 2.36.090; Ord. No. 1175, § 1, 1985)
2.36.100 Division duties.
The division of recreation shall have authority to organize and conduct leisure time activities
for individuals of all ages in a constructive and whole some manner.
(Code ????, § 2.36.100; Ord. No. 1175, § 1, 1985)
2.36.110 Recreation fees.
Comment [kbar3]: repealed by
ord no 1643
Page 52 of 924
Fees charged by the division for activities and use of recreation property shall be deposited
with the director of finance.
(Code ????, § 2.36.110; Ord. No. 1175, § 1, 1985)
Chapter 2.40
DEPARTMENT OF PUBLIC SAFETY
Sections:
2.40.010 Powers and duties of city manager.
2.40.020 Police force--Organization--Enforcement authority.
2.40.030 Fire force--Organization--Fire chief authority. 2.40.040 Application of other laws to police and fire departments.
2.40.050 Enforcement personnel for building, electrical and plumbing codes.
2.40.010 Powers and duties of director of public safety - police.
The director of public safety-police shall be the head of the department of public safety-police,
and shall work under the supervision and control of the city manager in all matters. The director shall be the executive head of the division of police. Whenever state law, contracts or
interlocal agreements require the chief of police to perform any service or carry out any function, the director of public safety-police shall have the responsibility to perform the service
or carry out the function. The director shall also be charged with the enforcement of all laws
and ordinances relating to weights and measures. The director shall receive such salary as
shall be fixed by the city manager."
(Prior code, § 2.08.270; Code ????, § 2.40.010; Ord. No. 1537, § 14, 5-29-2001; Ord. No.
1640, § 1, 6-6-2005)
2.40.015 Powers and duties of director of public safety- Fire.
The director of public safety-fire shall be the head of the department of public safety-fire, and
shall work under the supervision and control of the city manager in all matters. The director
shall be the executive head of the division of fire. Whenever state law, contracts or interlocal
agreements require the fire chief to perform any service or carry out any function, the director
of public safety-fire shall have the responsibility to perform the service or <com>Cannot
read</com> the function. The director shall also be the chief administrative authority in <com>Cannot read</com> affected the inspection and regulation of, the erection,
maintenance, repair and occupancy of buildings including the inspection of plumbing and electrical wiring in buildings, and shall have charge of the enforcement of all ordinances of the
city regulating such matters, and shall see that the laws of the state in respect thereto are
enforced within the city."
(Ord. No. 1640, § 2, 6-6-2005)
2.40.020 Police force--Organization--Enforcement authority.
A. The police force of the city shall be composed of a chief of police and such other
officers, patrolmen and other employees as the city manager may determine. The chief of
police shall have control of stationing and transferring the police force, under such rules and
regulations as the city manager may prescribe. Before entering upon the duties of his office,
the chief of police shall take and subscribe to the oath of office, and shall give an official bond
in the sum of one thousand dollars, with sufficient surety to be approved by the commission,
and said oath and bond shall be filed with the clerk thereof. All other officers, patrolmen and employees constituting the police force shall take and subscribe to the oath of office which
Page 53 of 924
shall be duly filed and shall give bond to the city, if required by the city manager, and in an
amount to be fixed by him. The chief of police, and all of the officers, patrolmen and
employees constituting the police force, shall receive such salary or compensation as may be
fixed by the city manager. The chief of police, patrolmen and all officers constituting the police
force shall hold their office at the will of the city manager.
B. Pursuant to MCA § 7-32-4301, 1981, the members of the police department of the city
are authorized to make arrests of persons charged with crime within the city limits of the city
and within five miles thereof.
(Prior code, § 2.08.280 Code ????, § 2.40.020)
2.40.030 Fire force--Organization--Fire chief authority.
A. The fire force of the city shall be composed of a fire chief and such other officers,
firemen and employees as the city manager may determine. The fire chief shall have control of
the stationing and transferring of all firemen and other employees and officers constituting the
fire force, under such rules and regulations as the city manager may prescribe. Before
entering upon the duties of his office, the fire chief shall take and subscribe to the oath of
office, and shall give an official bond in the sum of one thousand dollars, with sufficient surety
to be approved by the commission, which shall be filed with the clerk thereof.
B. All other officers, paid firemen and employees constituting the fire force shall take and subscribe to the oath of office, which shall be duly filed, and shall give bond to the city if
required by the city manager, in an amount to be fixed by him. The fire chief and all of the
officers, firemen and employees constituting the fire force shall receive such salary or
compensation as may be fixed by the city manager. The fire chief, firemen and employees
constituting the fire force shall hold their office at the will of the city manager.
(Prior code, § 2.08.290; Code ????, § 2.40.030)
2.40.040 Application of other laws to police and fire departments.
The provisions of all of the laws of the state and of the ordinances of the city relating to police
and fire departments shall be in force and shall govern the police and fire departments of the
city, insofar as they are not inconsistent with Chapter 152 of the Acts of the Fifteenth
Legislative Assembly of the state, and the provisions of this title.
(Prior code, § 2.08.310; Code ????, § 2.40.040)
2.40.050 Enforcement personnel for building, electrical and plumbing codes.
The city manager shall have the power and authority to employ such assistants as he may
require in order to effectually enforce the provisions of the building, wiring and plumbing
codes of the city. Such assistants as he may employ for such purposes shall receive such
compensation as the city manager may determine, and shall be employed for such length of time and on such a basis as he shall determine necessary or advisable.
(Prior code, § 2.08.300; Code ????, § 2.40.050)
Section, 2.40.060.
Comment [kbar4]: Bc sections
repealed by ord no 1537
Page 54 of 924
36MCA 3-6-303, 7-4-4101, 7-32-4105, 7-32-4118, 7-32-4119, 37-60-304, 3737-60-406, 39-
3-406, 45-8-322, 45-8-325, 46-23-503, 46-23-504, 46-23-505, 52-2-211, 61-3-106, 3861-3-
424, 61-12-401, 61-12-402, 7-33-4103, 7-33-4104, 7-33-4123, 19-17-401, 50-37-107, 50-
61-114, 50-62-101, 50-63-202, and 50-78-301, where inconsistent with Bozeman Municipal Code section 2.40.010 are hereby superseded to the extent said sections require a police or
fire chief and require the fire chief or police chief to perform any service or carry out any function instead of the Director of Public Safety. The intent of this section is to place
responsibility of any fire chief or police chief duties, functions or services required by state law
with the Director of Public Safety."
(Ord. No. 1551 § 2, 12-3-200139)
Chapter 2.44
DEPARTMENT OF PUBLIC SERVICE
Sections:
2.44.010 Director designated--Powers and duties.
2.44.020 Sewer connection requirements--Director powers and duties. 2.44.030 Engineer and other department personnel.
2.44.010 Director designated--Powers and duties.
The director of public service shall be the head of the department of public service and shall
work under the supervision and control of the city manager in all matters. The director shall
discharge all of the duties prescribed by law for that officer, and as such shall manage and
have charge of the construction, improvements, repair and maintenance of streets, sidewalks,
alleys, lanes, bridges, viaducts and other public highways, and of all sewers and sewerage disposal plants, drains, ditches, culverts, canals, streams and watercourses. The director shall
manage and have charge of the waterworks, system owned by the city, and improvements
thereon, and shall have charge of the enforcement of all obligations of privately owned or
operated public utilities enforceable by the city. The director shall have charge and supervision
of the making and preservation of all surveys, maps, plans, drawings and estimates for public
work; and charge of the cleaning, sprinkling and lighting of streets and public places; and of
the collection and disposal of waste; and charge and supervision of the preservation of contracts, papers, plans, tools and appliances belonging to the city and pertaining to the
department of public service. The director shall receive such salary as may be fixed by the city
manager."
(Prior code, § 2.08.150; Code ????, § 2.44.010; Ord. No. 1537, § 15, 5-29-2001; Ord. No.
1643, § 4, 7-18-2005)
2.44.020 Sewer connection requirements--Director powers and duties.
The director of public service shall have authority to compel the making of sewer connections
36 Would you like these placed in numerical order? 37 This section was repealed. 38 This is no such section. 39 Is this the correct adoption date?
Page 55 of 924
whenever, in view of a contemplated street improvement which has been ordered by the
commission, or as a sanitary regulation, a sewer connection should in the director's judgment
be constructed. The director shall cause written notice requiring such construction to be given
to the owner of each lot or parcel of land for which such connection is to be made. Such notice
shall be served by the director of public service or some person designated by the director in
the manner provided for the service of summons in civil actions. Non-residents of the city, or persons who cannot be found, may be served by one publication of such notice in a daily
newspaper of general circulation in the city. It shall state the time within which such
connections shall be constructed, and if they are not constructed within the time specified,
they may be constructed by the city and the cost thereof, together with a penalty of five
percent, assessed against the lots and lands for which such connections are made. Such assessments shall be certified and collected as other assessments for street improvements."
(Prior code, § 2.08.160; Code ????, § 2.44.020; Ord. No. 1537, § 16, 5-29-2001)
2.44.030 Engineer and other department personnel.
In the department of public service there may be an engineer, and there shall be such officers
and employees as the city manager may determine, all of whom shall work under the direction and supervision of the director of public service. Before entering upon the duties of his or her
office, the engineer shall take and subscribe to the oath of office and shall give an official bond in the sum of at least one thousand dollars, with sufficient surety to be approved by the
commission, and such oath and bond shall be filed with the clerk thereof; and all other officers
and employees in the department of public service shall give a bond to the city if required by
the city manager, in an amount to be fixed by the city manager. The engineer and all of the
officers and employees in the department of public service shall receive such salary or
compensation as may be fixed by the city manager, and shall hold office or be employed at the
will of the city manager."
(Prior code, § 2.08.170; Code ????, § 2.44.030; Ord. No. 1537, § 17, 5-29-2001)
402.44.100 Adoption of the Montana Public Works Standard Specifications
A. The current edition of the Montana Public Works Standard Specifications (MPWSS),
including all accompanying appendices, amendments and modifications adopted by the
Association of General Contractors, Montana Chapter of the American Public Works Association and the Civil Engineers Council of Montana, and as amended from time to time, are adopted
by reference and incorporated in this Title as if fully set forth herein, except as may be noted
in this chapter, by future Administrative Order, or by any regulations not applicable to local
government jurisdictions.
B. One (1) copy of the MPWSS shall be kept on file in the office of the Clerk of Commission
of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public Service of the City of Bozeman and one (1) copy shall be kept on file in the office of the City
Engineer of the City of Bozeman.
C. Any amendments or addendums adopted by the Association of General Contractors,
Montana Chapter of the American Public Works Association and the Civil Engineers Council of
Montana which apply to local government jurisdictions, including the adoption of the latest
40 Shouldn’t the following sections be in the public service title rather than the administration title?
Page 56 of 924
edition of MPWSS, shall become effective upon execution of an Administrative Order of the
City Manager unless a different effective date is specified in the Administrative Order.
D. A copy of the amendment notification and the corresponding new edition will be kept in
the offices of the Clerk of Commission, the Director of Public Service, and the City Engineer.
E. The Montana Public Works Standard Specifications as adopted above are applicable
within the City of Bozeman and to all projects in which falling under the supervision and
jurisdiction of the City of Bozeman Engineering office.
(Ord. No. 1611, § 1, 4-5-2004)
2.44.110 Adoption of City of Bozeman Modifications to the Montana Public Works Standard Specifications
A. The City of Bozeman Modifications to the MPWWS (Modifications) as drafted by the City
Engineer are hereby adopted by reference and incorporated in this Title as if fully set forth
herein, except as may be noted in this chapter, by future Administrative Order, or by other
amendment.
B. One (1) copy of the Modifications shall be kept on file in the office of the Clerk of
Commission of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public Service of the City of Bozeman, and one (1) copy shall be kept on file in the
office of the City Engineer of the City of Bozeman.
C. The Modifications, as adopted, are applicable within the City of Bozeman and to all
projects in which falling under the supervision and jurisdiction of the City of Bozeman
Engineering office.
(Ord. No. 1611, § 2, 4-5-2004)
2.44.120 Adoption of the City of Bozeman Design Standards and Specifications Policy
A. The City of Bozeman Design Standards and Specifications Policy (Policy) as drafted by
the City Engineer is hereby adopted by reference and incorporated in this Title as if fully set
forth herein, except as may be noted in this chapter, by future Administrative Order, or by other amendment.
B. One (1) copy of the Policy shall be kept on file in the office of the Clerk of Commission
of the City of Bozeman, one (1) copy shall be kept on file in the office of the Director of Public
Service of the City of Bozeman and one (1) copy shall be kept on file in the office of the City
Engineer of the City of Bozeman.
C. The Policy, as adopted, is applicable within the City of Bozeman and to all projects in
which falling under the supervision and jurisdiction of the City of Bozeman Engineering office.
(Ord. No. 1611, § 3, 4-5-2004)
2.44.130 Amendment of the City Modifications to the MPWWS and City Design
Standards and Specifications Policy
A. Any amendments to the Modifications and the Policy shall first be drafted and reviewed
by the City Engineering Division, with comment from the public. These amendments, when
compiled and reviewed, shall be forwarded to the Director of Public Service for review. The
Page 57 of 924
Director of Public Service shall forward the proposed revisions to the City Manager for approval
as appropriate.
B. The City Manager may approve the changes and adopt them by issuance of an
Administrative Order. The effective date of the changes shall be upon execution of the
Administrative Order unless the Order specifies otherwise. The City Manager may also decline to adopt the changes by Administrative Order. In the event the City Manager declines to adopt
the changes by Administrative Order, the Director of Public Service shall be notified of this
decision and the proposal may be submitted through the ordinance amendment procedure.
C. A copy of the amendment notification, when approved, will be kept in the office of the Clerk of Commission, the Director of Public Service, and the City Engineer. A copy of the
revised Modifications or Policy shall accompany this notification.
D. The Modifications and the Design Standards and Specifications Policy, as amended, are
applicable within the City of Bozeman and to all projects in which falling under the supervision
and jurisdiction of the City of Bozeman Engineering office.
(Ord. No. 1611, § 4, 4-5-2004)
Chapter 2.48
DEPARTMENT OF PUBLIC WELFARE
Sections:
2.48.010 Director designated--Powers and duties.
2.48.020 Employment of personnel.
2.48.030 Public band concerts and band concert fund.
2.48.010 Director designated--Powers and duties.
The director of public welfare shall be the head of the department of public welfare and the
director thereof, and shall discharge all the duties prescribed by law for that officer, and as
such shall manage all charitable, correctional and reformatory institutions and agencies
belonging to the city and the use of all recreational facilities of the city, including libraries,
parks and playgrounds. The director shall have charge of the inspection and supervision of public amusements and entertainments. The director shall enforce all laws, ordinances and
regulations relative to the preservation and promotion of public health, the prevention and
restriction of disease, the prevention, abatement and suppression of nuisances, and the
sanitary inspection and supervision of the production, transportation, storage and sale of food
stuffs. The director shall cause a complete and accurate system of vital statistics to be kept. In
time of epidemic or threatened epidemic, he may enforce such quarantine regulations as are
appropriate to the emergency."
(Prior code, § 2.08.180; Code ????, § 2.48.010; Ord. No. 1537, § 18, 5-29-2001)
2.48.020 Employment of personnel.
The city manager, as head of the department of public welfare, shall have power to employ
such assistants, laborers and employees as may be necessary in that department in order to
carry out and do the work of the department, in all cases where no provision has otherwise
been made therefor.
(Prior code, § 2.08.050; Code ????, § 2.48.020) Comment [kbar5]: Bc section repealed by ord no 1537
Page 58 of 924
2.48.030 Public band concerts and band concert fund.
The matter of providing for public band concerts in the city, and of the expenditures of the
band concert fund, shall be under the department of public welfare, and under the direct
charge and supervision of the city manager.
(Prior code, § 2.08.260; Code ????, § 2.48.030)
Chapter 2.56
LIBRARY BOARD OF TRUSTEES*
*State law reference—Libraries, MCA 22-1-101 et seq.
Sections:
2.56.010 Appointment--Composition and organization--Powers and duties.
2.56.010 Appointment--Composition and organization--Powers and duties.
A. The board of trustees of the public library of the city shall be under the department of
public welfare. The board shall be composed of five persons, and shall be appointed by the mayor with the advice and consent of the commission, and shall serve without pay. The
trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year for the term of five years, and until his/her
successor is appointed and qualifies. Trustees shall serve no more than two full terms in
succession. The powers and duties of the board shall be those prescribed by the laws of the
state and the ordinances of the city.
B. The trustees of the library board shall perfect their own organization, and select such
officers for such board as they may deem advisable. The chairman and vice-chairman of the board shall be one of their number. They shall have power to select librarians and other
employees as they may determine and fix the amount of any bond which they may require to
be given by the librarian and other employees. They shall have power to receive books from
all sources for the use and benefit of the library and to purchase books therefor with any
money available for that purpose, and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions,
and shall make a report to the city commission at the close of each calendar year, covering the business transacted by it during the year.
(Prior code, § 2.08.200; Code ????, § 2.56.010; Ord. No. 1094, § 1, 1982; Ord. No. 1163,
1984)
Chapter 2.64
CITY-COUNTY PLANNING BOARD
Sections:
2.64.010 Established--Powers and duties.
2.64.020 State law adopted by reference.
2.64.030 Additional member appointed by city.
2.64.010 Established--Powers and duties.
Comment [kbar6]: Repealed by ord no 1643
Page 59 of 924
Pursuant to and under the provisions of Title 76 of the Montana Code Annotated (MCA 76-1-
101 et seq.), the city commission of the city of Bozeman does create and establish a joint city-
county planning board as provided in said title, and does by this chapter adopt all of the
sections of the laws of Montana aforementioned that specifically pertain to a joint city-county
planning board, granting and delegating to the city-county planning board all of the rights,
privileges, powers, duties and responsibilities thereto appertaining.
(Prior code, § 2.20.010; Code ????, § 2.64.010; Ord. No. 1291 § 1, 1989)
2.64.020 State law adopted by reference.
The city commission does adopt by this reference the language of the laws of Montana
aforementioned as they specifically pertain to a joint city-county planning board, in this chapter the same as if they were set out herein in full.
(Prior code, § 2.20.020; Code ????, § 2.64.020; Ord. No. 1291 § 2, 1989)
2.64.030 Additional member appointed by city.
In addition to the membership specified in MCA 76-1-201, pursuant to the interlocal
agreement between the city of Bozeman and Gallatin County dated September 11, 1989, on
file and of record both in the offices of the clerk of the city commission and the Gallatin County clerk and recorder, so long as the city-county planning board is designated to act as the city of
Bozeman's zoning commission, the city shall appoint one additional member to the city-county planning board who must reside within the city limits of Bozeman, Montana.
(Code ????, § 2.64.030; Ord. No. 1291 § 3, 1989)
Chapter 2.66
CITY PLANNING BOARD
Sections:
2.66.010 Established--Powers and duties.
2.66.020 Jurisdiction.
2.66.030 Composition.
2.66.010 Established--Powers and duties.
Pursuant to and under the provisions of Title 76, Montana Code Annotated (MCA 76-1-101 et seq.), the city commission of the city does create and establish a city planning board to be
known as the "Bozeman planning board" as provided in said title, and does by this chapter
adopt all of the sections of the laws of Montana aforementioned that specifically pertain to a
city planning board, granting and delegating to the city planning board all of the rights,
privileges, powers, duties and responsibilities thereto appertaining.
(Code ????, § 2.66.010; Ord. No. 1508, § 1, 1999: Ord. No. 1494, § 1, 1999)
2.66.020 Jurisdiction.
The Bozeman planning board shall have such jurisdiction as provided by state law.
(Code ????, § 2.66.020; Ord. No. 1508 § 1, 1999: Ord. No. 1494 § 1, 1999)
2.66.030 Composition.
Page 60 of 924
The Bozeman Planning Board shall consist of nine members, appointed to two year terms to
expire on January 31, as follows:
A. One member appointed by the City Commission from its own membership. The term of
the appointed member shall be coextensive with the term of office to which he or she has
been elected or appointed unless the Commission, on its first regular meeting of each year, appoints another to serve as its representative or unless the appointee's Commission term is
terminated;
B. Three members appointed by the City Commission one of whom, at the Commission's
discretion, may be an employee of the City of Bozeman or hold public office in Bozeman or Gallatin County. The appointments shall be for two-year terms, with those terms to expire
on January 31 of odd-numbered years;
C. One member appointed by the Mayor, upon designation by the Gallatin County Board of
Commissioners, who may be a member of the Board of County Commissioners or an office
holder or employee of the County. This appointment shall expire on January 31 of odd-
numbered years;
D. Four citizen members appointed by the Mayor, who shall be resident freeholders within the city limits, and who shall be qualified by knowledge and experience in matters pertaining
to the development of the city. These appointments shall be coterminous with the term of the
Mayor.
The City Clerk shall certify the members appointed by the City Commission. The certificates
shall be sent to and become a part of the records of the Bozeman Planning Board. The Mayor
shall make similar certification for the appointment of citizen members."
(Code ????, § 2.66.030; Ord. No. 1508 § 1, 1999: Ord. No. 1494 § 1, 1999; Ord. No. 1686 §
1, 1-8-2007)
Chapter 2.72
CITY EMPLOYEES
Sections:
2.72.010 Residency restrictions for city employees.
2.72.010 Residency restrictions for city employees.
A. All employees of the city are required to maintain their residency within the city limits,
or within a twenty minute response time to their place of employment.
B. All employees desiring to live outside of the city limits shall:
1. Obtain written permission from his or her respective department head and the city
manager;
2. Provide a personal one-party-line telephone connection to his or her place of residency.
C. In establishing and verifying the twenty minute response time, the city manager shall have full discretion.
Page 61 of 924
(Code ????, § 2.72.010; Ord. No. 1108, § 1--3, 1982)
Chapter 2.76
CEMETERY*41
*State law references—Cemetery services, MCA 7-35-101 et seq.; cemetery associations, MCA 35-20-
101 et seq.; mausoleum-columbarium authorities, MCA 35-21-101 et seq.
Sections:
2.76.010 Authority.
2.76.020 Cemetery land.
2.76.030 Cemetery board--Composition--Organization--Power and duties.
2.76.040 Management--Enforcement authority.
2.76.050 Sale of lots.
2.76.060 Transfer of lots. 2.76.070 Record of lots sold.
2.76.080 Special cemetery sections.
2.76.090 Interment permit required.
2.76.100 Disinterment.
2.76.110 County burial.
2.76.120 Expenditures--Payment of claims.
2.76.130 Perpetual care--Plan generally. 2.76.140 Perpetual care--Fund established--Maintenance fee--Agreement and
deposit conditions.
2.76.150 Perpetual care--Form of agreement.
2.76.160 Perpetual care--Fund record keeping and reports.
2.76.170 Interment restrictions.
2.76.180 Fences prohibited.
2.76.190 Malicious mischief prohibited. 2.76.200 Entering at night prohibited.
2.76.210 Speed limit and other motor vehicle restrictions.
2.76.220 Dogs prohibited.
2.76.230 Penalties for violations.
2.76.010 Authority.
A. Pursuant to the provisions of MCA 7-35-4101, the city has established a municipal
cemetery known as the "Sunset Hills Cemetery."
B. It is unlawful for any person, association or corporation to bury or inter, or cause to be
buried or interred, the dead body of any person in any place in the city, or to maintain a
cemetery within the limits of the city, or within three miles of the limits of the city, except as
provided in this chapter.
(Code ????, § 2.76.010; Ord. No. 1200, 1986)
2.76.020 Cemetery land.
41 This chapter contains a lot more than just administrative provisions.
Comment [kbar7]: Repealed by
ord no 1690
Page 62 of 924
Sunset Hills Cemetery shall be comprised of all those lots, blocks and parcels of land
heretofore conveyed to the city for cemetery purposes, as recorded in the office of the clerk
and recorder of the county, together with such land hereafter conveyed and recorded for that
purpose.
(Code ????, § 2.76.020; Ord. No. 1200, 1986)
2.76.030 Cemetery board--Composition--Organization--Power and duties.
A. There is created a Cemetery Board consisting of seven members to be appointed by the
City Commission for three year staggered terms. Should a vacancy occur on the board, the
City Commission shall appoint a new member to complete the term of appointment so
vacated. A majority of the board members shall be residents of the city and all members shall serve without remuneration. Whenever practicable, one of the members of the board shall be
a representative of an active, recognized veterans group.
B. The cemetery board, as herein created, shall serve as an advisory board to both the
city commission and city administration and, as such, shall be charged with making such
investigation and recommendations as requested or deemed necessary for the operation of the
cemetery and as required in this chapter."
C. The members of the cemetery board shall perfect their own organization and select such officers for the board as they deem advisable. They shall cause to be kept correct
minutes of all proceedings of the board and the same shall be available for public review in the
office of the clerk of the commission.
(Code ????, § 2.76.030; Ord. No. 1200, 1986; Ord. No. 1462 § 1, 1998; Ord. No. 1643, § 5,
7-18-2005; Ord. No. 1742, § 1, 4-7-2008)
2.76.040 Management--Enforcement authority.
The management, maintenance and control of the Sunset Hills Cemetery shall be under the
direct control and supervision of the City Manager or his designee. It shall be his duty to
enforce all rules, regulations and ordinances promulgated by the cemetery board and adopted
by the City Commission for the administration of the cemetery."
(Code ????, § 2.76.040; Ord. No. 1200, 1986; Ord. No. 1643, § 6, 7-18-2005)
2.76.050 Sale of lots.
A. All ground within the Sunset Hills Cemetery, as now created or hereinafter added to, as
platted or as hereinafter platted, shall be sold for burial purposes only, and such sale shall be
made subject to the rules and regulations promulgated by the cemetery board and adopted by
the city commission. The director of finance, or his designee, shall sell lots at the prices fixed
by the city commission, giving to the purchaser a deed receipt therefor, showing the amount
paid and a description of the lot/s sold. Said deed form and sale price of the lots shall be as recommended by the cemetery board and approved in resolution form by the city commission.
The purchase price for the lot or lots and the maintenance fee for same, as required in Section
2.76.130 of this chapter, are due and payable before a deed receipt can be issued.
B. The purchaser may enter into a sale/purchase agreement with the city for a cemetery
lot or lots with the following stipulations:
1. The total purchase price shall be the same as in subsection A above.
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2. A downpayment in the amount of one-third shall be paid at the time of the execution of
the agreement.
3. The balance of the total purchase price shall be paid on or before one year from date of
execution of the agreement. An administrative charge of one dollar per month shall be assessed, regardless of the amount due, until the full purchase price has been paid.
4. Upon final payment, as per the agreement, a deed receipt shall be issued by the
director of finance in the same manner as provided for in subsection A above, but in no case
shall the lot or lots be used for purposes of interment until the full purchase price has been paid.
5. In the event that the purchaser fails to pay the balance within one year from date of
execution of the agreement, the purchaser shall lose the downpayment and forfeit all rights,
title and interest in and to said lot or lots and the same shall revert to the city.
6. The above agreement may be revoked by the purchaser for good cause, i.e., leaving
the state, etc., upon notification to the director of finance of same. The downpayment shall be
refunded less the administrative charge as listed in subdivision 3 above.
The sale/purchase agreement shall be promulgated by the director of finance and approved by
the city attorney.
(Code ????, § 2.76.050; Ord. No. 1200, 1986)
2.76.060 Transfer of lots.
No lot or lots sold by the director of finance shall be sold or transferred by the purchaser to any person whomsoever except as follows:
A. Such lot or lots may be transferred to other members of the family upon receipt by the
director of finance of a notarized letter from the owner requesting such transfer and stating
the reason therefor. Nothing herein shall prevent the interment of nonfamily members at the
request of the owner of the lot or lots.
B. Such lot or lots may be reconveyed to the city. The purchaser shall receive therefore
the price paid for the lot or lots in the first instance less an administrative charge as
recommended by the cemetery board and approved by the city commission. Such
reconveyance to the city shall be by quitclaim deed.
C. The owner of such lot or lots may trade same for another lot or lots of equal size. If the
current price of the deed and the maintenance fee (previously called permanent care) is greater for the new lot or lots than that paid for the original lot or lots, the owner shall pay the
difference before the trade shall be completed. In addition, if no permanent care fee had been
paid on the original lot or lots, the current maintenance fee shall be paid before the trade shall
be completed.
(Code ????, § 2.76.060; Ord. No. 1200, 1986)
2.76.070 Record of lots sold.
The director of finance, or designee, shall keep a record of all lots sold and the deed receipt
therefor; the deed receipt shall be duly recorded in a book kept for that purpose. In addition, a
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record of such sales shall also be made in the cemetery plat book.
(Code ????, § 2.76.070; Ord. No. 1200, 1986)
2.76.080 Special cemetery sections.
Certain sections of the Sunset Hills Cemetery have been set aside and are known as the
Veteran's Section, the Catholic Section, the I.O.O.F. Section and the Masonic Section. The sale of such lots shall be in the same manner as provided in Section 2.76.050. Operation, care and
maintenance of these sections shall be the same as provided in all other parts of the cemetery.
(Code ????, § 2.76.080; Ord. No. 1491, § 1, 1999: Ord. No. 1490, § 1, 1999)
2.76.090 Interment permit required.
No person, firm, association or corporation shall inter or assist in and about the interment of
the final placing of the body of any human being within the cemetery unless an interment
permit has first been applied for, and been granted, authorizing such interment. Said
interment permit shall be issued by the director of finance, and shall not be so issued until the
fee (as set forth by resolution of the city commission) therefor has been paid. The interment
permit shall only be issued subject to a permit therefor obtained from the county sanitarian's
office and under such rules and regulations as shall be prescribed by the Bureau of Records and Statistics of the State Department of Health and Environmental Sciences. The city shall
prepare all grave sites for interment. The foregoing shall not preclude the director of finance from billing local mortuaries on a monthly basis for such fees.
(Code ????, § 2.76.090; Ord. No. 1200, 1986)
2.76.100 Disinterment.
No person, firm, association or corporation shall disinter, move or remove any body from the cemetery without first obtaining a permit therefor from the director of finance. The
disinterment permit shall only be issued subject to a permit therefor obtained from the county
sanitarian's office and under such rules and regulations as shall be prescribed by the Bureau of
Statistics of the State Department of Health and Environmental Sciences.
If the original interment took place more than one week prior to the request for disinterment,
said request showing reasonable cause, shall be in writing to the city manager, or his designee, and be accompanied with the appropriate fee.
In addition, if the original interment took place more than one week prior to the request for
disinterment, and the coffin is to be opened, the county coroner or other disinterested official
shall be on hand to witness the disinterment.
(Code ????, § 2.76.100; Ord. No. 1200, 1986)
2.76.110 County burial.
Lots in the Sunset Hills Cemetery shall be set aside and are so reserved for pauper dead. All
burials therein shall be made subject to the order of the board of county commissioners of this
county. In all cases of the burial of poor, the interment fee shall be charter to, and collected
from, the county. The interment fee shall be as agreed upon by the county commissioners and
the city commission.
Cadavers from the Montana State University Biology Department, Medical Science and WAMI
Page 65 of 924
Programs shall be interred in the same manner as county burials, the interment fee being
charged to, and collected from, Montana State University.
(Code ????, § 2.76.110; Ord. No. 1200, 1986)
2.76.120 Expenditures--Payment of claims.
The city commission shall annually appropriate money for operation and maintenance of the cemetery, and the director of finance shall pay all approved claims that are within the
appropriation. Claims for expenditures may be ordered and authorized by the director of public
service or his designee. Upon the approval and allowance of said claims, so presented, the
same shall be paid from the all-purpose general fund.
(Code ????, § 2.76.120; Ord. No. 1200, 1986)
2.76.130 Perpetual care--Plan generally.
The city shall provide for the perpetual care of cemetery lots in the cemetery under such rules
and regulations promulgated by the cemetery board and approved by the city commission.
(Code ????, § 2.76.130; Ord. No. 1200, 1986)
2.76.140 Perpetual care--Fund established--Maintenance fee--Agreement and
deposit conditions.
A. The permanent care fund heretofore established is reestablished as the cemetery
perpetual care trust fund and is herein referred to as the CPC. All moneys deposited in, or
credited to, the CPC shall be held in trust by the city and the same shall be kept by the
director of finance in a separate fund apart from all other funds of the city.
B. For the purpose of providing funds for care and maintenance of the cemetery, both now and in the future, there is established a maintenance fee a percentage of which, as adopted by
resolution of the city commission, shall be deposited into the CPC trust fund. At the time of
purchase of the lot or lots the purchaser shall deposit the maintenance fee as herein
established and at the same time enter into an agreement with the city for perpetual care of
the lot or lots, which agreement shall be known as the "perpetual care agreement."
C. The CPC trust fund shall be invested and reinvested by the director of finance. The city commission may from time to time direct the investment of such funds. The interest thereon,
or earnings therefrom, shall be credited to the all-purpose general fund for the sole purpose of defraying the cost of operating and maintaining the cemetery.
(Code ????, § 2.76.140; Ord. No. 1200, 1986)
2.76.150 Perpetual care--Form of agreement.
The form of the perpetual care agreement shall be as determined by the director of finance and approved by the city attorney.
(Code ????, § 2.76.150; Ord. No. 1200, 1986)
2.76.160 Perpetual care--Fund record keeping and reports.
A. The director of finance shall prepare and keep a record of the perpetual care fund,
which record shall show:
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1. The name of the person in whose name, or for whom the deposit is made, and the
amount thereof;
2. The character and amount of the securities in which the perpetual care fund is invested;
3. Income from perpetual care fund investments.
B. An unaudited report shall be made by the director of finance in the month of August
immediately following the close of the fiscal year, to the city commission, or at such times as
the cemetery board or the city commission may request.
(Code ????, § 2.76.100; Ord. No. 1200, 1986)
2.76.170 Terms of interment.
A. Funerals may be conducted on Saturdays, Sundays and holidays only when it is
impossible or impractical to conduct the funeral at another time. However, an additional
opening and closing fee shall be charged as established by city commission resolution.
B. Generally there shall be one interment per standard size (five foot by ten foot) lot. If requested in advance, not more than two coffins may be interred in the standard size lot. If
requested in advance, and only if the coffin is interred first, a standard size lot may be used to inter one additional infant or up to four ashes canisters. In all cases where more than one
interment is to take place on a standard size lot, an additional fee shall be charged as
established by city commission resolution.
(Code ????, § 2.76.170; Ord. No. 1200, 1986)
2.76.180 Fences prohibited.
No lot or lots in the cemetery shall be marked or defined by any fence, coping, railing, hedge, corner posts or embankment, nor shall any lot be filled above the established surrounding
grade.
(Code ????, § 2.76.180; Ord. No. 1200, 1986)
2.76.190 Malicious mischief prohibited.
It is unlawful for any person to cut, injure or remove any tree, shrub or vegetation in the
cemetery (except authorized maintenance), or deface any tombstone or ornament in the cemetery, or any building in or fence surrounding the cemetery.
(Code ????, § 2.76.190; Ord. No. 1200, 1986)
State law reference—Criminal mischief, MCA 45-6-101 et seq.
2.76.200 Entering at night prohibited.
It is unlawful for any person, without written permission of the director of public service, to enter the Sunset Hills Cemetery at any time from one-half hour after sunset to one-half hour
before sunrise.
(Code ????, § 2.76.200; Ord. No. 1200, 1986)
State law reference—Criminal trespass, MCA 45-6-201 et seq.
2.76.210 Speed limit and other motor vehicle restrictions.
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It is unlawful for any person to drive a motor vehicle, or any other vehicle, on any of the
roadways in the cemetery at other than fifteen miles per hour so as not to damage to
roadways or any of the lots, and in accordance with the rules and regulations of the cemetery
board. Such driver shall observe and be confined to the roadways as established.
(Code ????, § 2.76.210; Ord. No. 1200, 1986)
State law reference—Vehicle operating requirements, MCA 61-8-301 et seq.
2.76.220 Dogs prohibited.42
It is unlawful for any person to release, cause, permit or bring a dog into the Sunset Hills
Cemetery, unless prior approval is obtained from the cemetery superintendent or designee and the dog is part of a funeral procession or was owned by the deceased or the immediate family
of the deceased. The cemetery superintendent or designee may impose reasonable conditions upon his or her approval.
(Code ????, § 2.76.220; Ord. No. 1432, § 1, 1996)
2.76.230 Penalties for violations.43
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Every person convicted of a misdemeanor for a violation of any of the provisions of this
chapter shall be punished by a fine of not less than five dollars or more than five hundred
dollars with the following exceptions:
1. The minimum fine for violation of Sections 2.76.190, 2.76.210 and 2.76.220 shall be
one hundred dollars;
2. Violations of Section 2.76.190 shall be punishable by a fine not exceeding five hundred
dollars, or by imprisonment not exceeding six months, or both.
C. Upon conviction, the court costs shall be assessed against the violator.
(Code ????, § 2.76.230; Ord. No. 1432, § 2, 1996)
Chapter 2.80
HISTORIC PRESERVATION ADVISORY BOARD*
*State law reference—Antiquities, MCA 22-3-101 et seq.
Sections:
2.80.010 Purpose and intent.
2.80.020 Object. 2.80.030 Scope.
2.80.040 Definitions. 2.80.050 Establishment and quorum.
2.80.060 Appointment and term vacancy.
42 Add an exception for leader dogs? 43 Do you want to delete this section and allow the general penalty to apply?
Page 68 of 924
2.80.070 Staff.
2.80.080 Meetings--Notice of meetings.
2.80.090 Powers and duties.
2.80.010 Purpose and intent.
The purpose and intent of this chapter is to provide for an appointed citizen board for the city
charged with establishing a local historic preservation program, integrating historic
preservation into local, state and federal planning and decision-making processes, identifying,
evaluating and protecting historic resources within Bozeman, and educating the general public
about historic preservation.
(Code ????, § 2.80.010; Ord. No. 1180, § 1, 1985; Ord. No. 1454, § 1, 1998)
2.80.020 Object.
This chapter is designed as a measure to establish a local historic preservation program
designed to promote the preservation of historic and prehistoric sites, structures, objects,
buildings and historic districts by addressing historic preservation issues at the local level and
integrating them into local, state and federal planning and decision-making processes. The historic preservation program will include the identification, evaluation and protection of
historic resources within the city.
(Code ????, § 2.80.020; Ord. No. 1180, § 2, 1985)
2.80.030 Scope.
The historic preservation advisory board shall serve in an advisory capacity to the city
commission, city-county planning board, zoning commission and other staff members or
boards seeking advice on historic preservation issues.
(Code ????, § § 2.80.030; Ord. No. 1454 § 2, 1998; Ord. No. 1180 § 3, 1985)
2.80.040 Definitions.
A. "City commission" means the governing body of the city of Bozeman, state of Montana.
B. "Historic preservation advisory board" means the board created by this chapter and appointed by the local government of the city which is responsible for creating and
administering a historic preservation program.
C. "Historic preservation officer" hereinafter called "preservation officer" means the official
appointed by the local government who is charged with the responsibility of acting as staff to
the historic preservation advisory board.
(Code ????, § § 2.80.040; Ord. No. 1454 § 3, 1998; Ord. No. 1180 § 4, 1985)
2.80.050 Establishment and quorum.
In order to carry out the purpose of this chapter, an historic preservation advisory board is
created. All historic preservation advisory board members shall have a demonstrated interest,
competence or knowledge in historic preservation. Information on the credentials of the
historic preservation advisory board members must be kept on file in the office of the clerk of
the city commission and available during regular office hours for inspection by the public. This historic preservation advisory board shall consist of up to fifteen members, as follows:
Page 69 of 924
A. At least three but not more than four members with professional expertise in the
disciplines of history, planning, archaeology, architecture, architectural history, historic
archaeology, or other historic preservation-related disciplines such as cultural geography or
cultural anthropology, provided, however that at least one member shall be an architect
holding Montana or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite
for membership as a professional representative.
B. At least two but not more than four members shall be chosen from the finalized list of
National Historic Register historic districts in Bozeman, on file at the city-county planning office. As new members are chosen to replace those whose terms have expired, an effort
should be made to ensure adequate distribution of representation among the districts. A member may be chosen from a locally designated historic district if strong interest exists
among residents of a particular district.
C. One representative for the commercial neighborhood. This representative shall operate
a business or own property in the neighborhood described as Main Street -- the commercial
area of downtown Bozeman.
D. At least four, but no more than six members shall be at-large representatives.
Residency within the city shall not be a prerequisite for membership as an at-large
representative.
E. Quorum. A quorum shall be comprised of a minimum of fifty percent of the members, of
which at least two shall be professional members.
(Code ????, § § 2.80.050; Ord. No. 1454, § 4, 1998; Ord. No. 1296, § 1, 1989; Ord. No. 1252,
§ 1, 1987; Ord. No. 1180, § 5, 1985)
2.80.060 Appointment and term vacancy.
A. All appointments to the historic preservation advisory board shall be made in
accordance with the procedures adopted by the city commission for appointments to all
advisory commissions and boards.
B. Terms of office for the historic preservation advisory board members shall be staggered and two years in duration.
C. Vacancies on the board should be filed by appointment in accordance with the
procedures adopted by the city commission for appointments to all advisory commissions and
boards.
(Code ????, § § 2.80.060; Ord. No. 1454, § 5, 1998; Ord. No. 1252 § 2, 1987; Ord. No. 1180
§ 6, 1985)
2.80.070 Staff.
A. The preservation officer for Bozeman shall act as staff to the historic preservation
advisory board. (S)he will be appointed by the historic preservation advisory board with the
concurrence of the city commission. In addition, (s)he may be employed by the appropriate
city department.
Page 70 of 924
B. The preservation officer must have a demonstrated interest, competence or knowledge
in historic preservation.
C. Duties of the preservation officer include coordinating the local historic preservation
programs, helping in the development of local surveys, projects and historic preservation
planning documents, advising and providing assistance to the local historic preservation advisory board, government agencies and the public, and ensuring to the extent practicable,
that the duties and responsibilities delegated by this chapter are carried out. (Code ????, § §
2.80.070; Ord. No. 1454, § 6, 1998: Ord. No. 1180, § 7, 1985)
2.80.080 Meetings--Notice of meetings.
A. The historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each month, except that the chairperson may cancel any meeting or
schedule special meetings when such meetings are necessary to carry out the provisions of
this chapter. Regularly scheduled meetings shall be held at such place, day and hour as may
from time to time be fixed by the board. Written notice of special meetings shall be personally
served on each member or left at the member's usual place of residence at least twenty-four
hours before the time set for the meeting.
B. Requirements for public notice of meetings of the historic preservation advisory board
shall be determined by the chairperson in consultation with the Bozeman city attorney. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law.
Notice of the meetings should be calculated to reach all interested and affected members of
the community.
C. The historic preservation advisory board shall establish its own bylaws conforming to
the guidelines set forth in the "Certified Local Government Program in Montana" and make all
written or taped minutes, reports and case decisions available to the public.
(Code ????, § § 2.80.080; Ord. No. 1454, § 7, 1998; Ord. No. 1180, § 8, 1985)
2.80.090 Powers and duties.
The historic preservation advisory board shall have the powers and duties to:
A. Maintain a system for the survey and inventory of historic and prehistoric properties.
The historic preservation advisory board shall maintain this inventory of identified districts, sites and/or structures within the city and make this information available to the public;
B. Use the National Register of Historic Places criteria for designation of properties as a
historic district or site and shall apply these criteria for local designation of historic and
prehistoric properties;
C. Participate in the process of nominating to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, Section VI, (B).
This includes reviewing and commenting on any national register nominations on property
within the city;
D. Review and comment on planning programs undertaken by the city, zoning commission,
city-county planning board, and state and federal agencies which relate to historic resources
such as land use, municipal improvements, housing and other public programs. This review
Page 71 of 924
and comment shall be scheduled within time lines in place for whatever action being taken;
E. Consult with city, state and federal agencies on all applications, environmental
assessments, environmental impact statements and other similar documents pertaining to
historic districts, landmark sites, landmarks or neighboring properties within the city.
Comments by the historic preservation advisory board shall be sent to the State Historic Preservation Office;
F. Review the local zoning regulations for their applicability to the characteristics of the
proposed historic districts, and make recommendations to the appropriate advisory body or
decision-making body concerning any changes or modifications to the zoning regulations and zoning district boundaries;
G. Make recommendations to the board of adjustment or city commission regarding
variance applications within any historic overlay zone;
H. Render advice and guidance upon request of the property owner as to the restoration,
alteration, decoration, landscaping or maintenance of potentially historic buildings or
structures. The historic preservation advisory board may create voluntary design guidelines
which will be made available to the public for assistance in preservation projects;
I. Participate in, promote and conduct public information, educational and interpretive
programs pertaining to historic preservation;
J. Review and process applications for tax abatement pursuant to the provisions of
Chapter 424 of the Laws of 1989 of the State of Montana as codified by Sections 15-24-1601
et seq., Montana Code Annotated.
(Code ????, §§ 2.80.090; Ord. No. 1180, § 9, 1985; Ord. No. 1296, § 2, 1989; Ord. No. 1454,
§ 8, 1998)
Title 2.82
NEIGHBORHOOD RECOGNITION
Chapter 2.82.010: Short Title
Chapter 2.82.020: Intent and Purpose Chapter 2.82.030: Definitions
Chapter 2.82.040: Authority to Form Chapter 2.82.050: Bylaws
Chapter 2.82.060: Membership
Chapter 2.82.070: Boundaries
Chapter 2.82.080: Funding
Chapter 2.82.090: Function of Recognized Neighborhood Associations Chapter 2.82.100: Accountability
Chapter 2.82.110: Meetings Chapter 2.82.120: Inter Neighborhood Council
Chapter 2.82.130: Responsibilities of the City of Bozeman
Chapter 2.82.140: Responsibilities of Entities Submitting Applications to the Department of
Planning and Community Development
Chapter 2.82.150: Administration and Enforcement
Chapter 2.82.160: Review Authority
Chapter 2.82
NEIGHBORHOOD RECOGNITION
Page 72 of 924
2.82.010 Short Title
A. This chapter shall be known and cited as the Neighborhood Recognition Ordinance
(NRO) of the City of Bozeman (City), except when cited herein, where it shall be referred to as
"this chapter".
(Ord. No. 1728, § 1(2.82.010), 12-10-2007)
2.82.020 Intent and Purpose
A. The City Commission of the City of Bozeman finds that there is a need to create and
maintain effective channels of communication with the citizens of Bozeman on matters
affecting the livability of their neighborhoods and the community in general. It is the intent of City Commission, through the recognition of neighborhood associations, to foster partnerships
of open communication between the City and its neighborhoods; to enhance the environment in which citizens are afforded an opportunity to participate in local governmental decisions; to
foster cooperation and consensus among diverse interests; to assist the City and
neighborhood residents in developing solutions to mutual problems; and to develop in the
citizens a sense of personal pride and responsibility for their neighborhood.
B. The City Charter requires that minimum recognition requirements for neighborhood
associations be established by ordinance (Bozeman City Charter Section 4.06 part b).
(Ord. No. 1728, § 1(2.82.020), 12-10-2007)
2.82.030 Definition of Terms
A. City Agency -- City Agency includes all departments, bureaus, offices, boards,
councils, liaisons, task forces and commissions of the City of Bozeman.
B. City Liaison -- Designee of the City Manager responsible for administration and enforcement of the responsibilities of the City of Bozeman as defined by this chapter in
2.82.130.
C. InterNeighborhood Council ("INC") - Council composed of delegates selected by
each recognized neighborhood association.
D. Minimum Standards -- Standards contained within this chapter used to assess the eligibility of neighborhood associations to be recognized by the City of Bozeman and to
participate on the INC.
E. Neighborhood -- A geographically contiguous self-selected community.
F. Recognized Neighborhood Association -- An organization formed by residents for
the purpose of maintaining and/or improving the livability and quality of their neighborhood, formally recognized by the INC and therefore the City of Bozeman and subject to this chapter.
G. Non-recognized Neighborhood Association -- An organization formed by residents
for the purpose of maintaining and/or improving the livability and quality of their
neighborhood. A non-recognized neighborhood association is one which has not met the
minimum standards for recognition as set forth in this chapter or has lost their recognized
status for failing to comply with the minimum standards as set forth in this chapter. A non-recognized neighborhood association has no representation on the INC.
Page 73 of 924
G. Neighborhood Group -- A loosely organized, non-recognized group of residents
formed for the purpose of maintaining and/or improving the livability and quality of their
neighborhood and that demonstrates an interest in forming a recognized neighborhood
association. A neighborhood group has no representation on the INC.
(Ord. No. 1728, § 1(2.82.030), 12-10-2007)
2.82.040 Authority
A. Residents, property owners, and representatives of businesses and non-profit
organizations of any City area not recognized previously may form an association. Associations
seeking formal recognition by the City may make a written request to the City Liaison for
formal recognition as a neighborhood association under the provisions of this chapter. Upon receipt of application materials from a non-recognized neighborhood association or
neighborhood group, the City Liaison shall issue a report and recommendation to the INC. Recognition of a non-recognized neighborhood association or neighborhood group shall be
made by a majority vote of the INC.
B. Prior to requesting recognition, a non-recognized neighborhood association or
neighborhood group shall hold one or more adequately noticed public meetings for the purpose of gathering information, approving bylaws, establishing boundaries, electing officers
and determining a name for the association. Adequate notice constitutes mailing, e-mailing, faxing and/or hand-delivering notices to all eligible for membership, as set forth in 2.82.060,
within the proposed boundaries of the non-recognized neighborhood association or
neighborhood group and/or posting of notices in prominent locations throughout the
neighborhood. Notices shall be mailed, e-mailed, faxed, delivered and/or posted at least seven
(7) business days prior to the meeting date.
(Ord. No. 1728, § 1(2.82.040), 12-10-2007)
2.82.050 Bylaws
A. In order to be recognized, each neighborhood association shall adopt bylaws which will
at a minimum include:
1. Statement of organizational purpose;
2. Method for election of officers and description of their terms;
3. Stated duties and responsibilities for officers;
4. Delineation of clear geographic boundaries;
5. Procedures for defining eligibility for neighborhood association membership as set forth
in 2.82.060;
6. Stipulation for one annual meeting; and
7. Defined means of communicating with residents in the neighborhood association.
B. The initial bylaws shall be provided to the City Liaison as part of the official recognition
process by the INC, in accordance with this chapter, and shall be signed by the City Liaison and a delegate of the INC, and filed with the City of Bozeman. Any bylaws changes must also
be filed in writing with the City Liaison within sixty (60) days of the revision.
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(Ord. No. 1728, § 1(2.82.050), 12-10-2007)
2.82.060 Membership
A. The membership of recognized neighborhood associations shall be open to all residents, property owners, business licensees, and representatives of non-profit organizations within the
defined neighborhood boundaries.
B. All eligible for membership in recognized neighborhood associations may actively
participate in neighborhood events, activities and meetings exercising voting rights pursuant
to neighborhood association bylaws, without regard to race, national origin, religion, economic
status, sex or physical ability.
C. A recognized neighborhood association will be responsible for maintaining sign-in sheets and other records as required by the neighborhood association bylaws.
(Ord. No. 1728, § 1(2.82.060), 12-10-2007)
2.82.070 Boundaries
A. Boundaries of recognized neighborhood associations will be defined by the association membership, with assistance from City Liaison and INC, and may not overlap other recognized
neighborhood association boundaries. A boundary description shall be included in neighborhood association bylaws.
B. A newly-forming non-recognized neighborhood association or neighborhood group may
file, with the City Liaison's office, proposed boundaries while working towards meeting the
minimum standards of this chapter. The City Liaison shall be available to provide assistance to
newly-forming, non-recognized neighborhood associations or neighborhood groups in
reviewing and establishing proposed boundaries. If a neighborhood meeting is not noticed and conducted within six months of filing application materials with the City Liaison, or bylaws are
not filed with the City Liaison within twelve months of filing application materials, the proposed
boundaries will no longer be considered valid.
C. The City Liaison shall be notified in writing and within a reasonable time period of the intent of any recognized neighborhood association considering any boundary modifications.
Boundary modifications may occur after residents in the affected area are given notice and the opportunity to vote as prescribed by the recognized neighborhood association's bylaws and
provided that any modifications do not overlap with an adjacent recognized neighborhood
association. The INC and relevant City departments will be made aware of neighborhood
boundary changes by the City Liaison.
D. Boundaries of a recognized neighborhood association may extend beyond the Bozeman
City limits at the discretion of the respective neighborhood association. Services to non-City residents within a recognized neighborhood association may be limited.
(Ord. No. 1728, § 1(2.82.070), 12-10-2007)
2.82.080 Funding
A. Membership fees shall be voluntary and shall not bar any resident from neighborhood
association membership or voting privileges. Voluntary dues, contributions, contracts, grants
or subscriptions may be used by a recognized neighborhood association as provided for in the
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neighborhood association's bylaws, and may be subject to any applicable public funding
requirements.
(Ord. No. 1728, § 1(2.82.080), 12-10-2007)
2.82.090 Functions and Responsibilities of Recognized Neighborhood Associations
A. All recognized neighborhood associations must meet and continue to maintain conformity with the minimum standards as established by this chapter in order to benefit from
official recognition by the City and be eligible to elect members to the INC. Failure to meet and
continue to maintain conformity with the minimum standards as established by this chapter
may result in the association's loss of official recognition by the City.
B. Recognized neighborhood associations are autonomous organizations. Although the City
may provide limited forms of financial aid to officially recognized neighborhood associations, recognized neighborhood associations are not considered agencies of the City. Responsibilities
of a recognized neighborhood association include:
1. Becoming a self-sustaining organization that will further the purpose and intent of this
chapter.
2. Making a good faith effort to recruit a diverse and representative group of residents, property owners, business and non-profit representatives to participate in and perpetuate the
governance and operation of the neighborhood association.
3. Providing effective community participation in government by defining, articulating and
addressing neighborhood problems and concerns; by advising, consulting and cooperating with
the various City departments, boards, councils and task forces; and by notifying and relaying
information to residents, property owners, business and non-profit representatives and the City Liaison regarding matters that affect their respective neighborhoods.
4. Providing community input on the efficiency and efficacy of the City's delivery of
services.
5. Making recommendations concerning particular actions, policies, plans, programs,
projects, and other matters of the City Commission and to any City department or agency where the livability of the neighborhood is affected, including, but not limited to, land use,
housing, community facilities, human services, social and recreational programs, open space
and parks, traffic and transportation, environmental quality, and public safety.
6. Establishing and following clear processes for reporting the association's position on
matters affecting their respective neighborhoods to the City.
7. Assisting City staff in determining priority needs affecting the quality of life for the
neighborhood and the overall community;
8. Undertaking and managing projects to benefit the recognized neighborhood association
as may be agreed upon by the recognized neighborhood association membership or contracted
with the City and/or other public agencies.
9. Maintaining current board rosters and providing the City Liaison with the names,
addresses, e-mail addresses and phone numbers of each of the officers on their board who will receive all notices and other mailings from the City.
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10. Electing or appointing, in accordance with recognized neighborhood association bylaws,
an INC delegate and an alternate.
11. Submission, by each recognized neighborhood association, of an annual report to the
City Liaison. The report shall be submitted no later than June 30 of each year. This provision does not pertain to recognized neighborhood associations in existence less than six (6) months
prior to the June 30 deadline. Each report shall include, at a minimum, the following
information:
a. Names, addresses, e-mail addresses and telephone numbers of contact persons and officers elected and/or appointed at the annual election;
b. Dates of neighborhood meetings held during the previous calendar year;
c. Any changes to the approved by-laws, including changes in neighborhood boundaries;
d. A completed annual neighborhood survey form provided by the City; and
e. Minutes from the organization's annual meeting.
C. The requested information will aid in maintaining updated listings of recognized
neighborhood associations.
D. Additionally, an annual report affords the City the opportunity to review annual changes
in recognized neighborhood associations that may threaten their recognized status as defined
in this chapter. If a recognized neighborhood association does not return the requested information, the City Liaison will advise the INC. The INC will determine whether the City will
continue to formally recognize the neighborhood association.
E. If any recognized neighborhood association's annual report is lacking any of the
minimum requirements, the INC will review, comment, and re-evaluate the recognized status
of the neighborhood association.
(Ord. No. 1728, § 1(2.82.090), 12-10-2007)
2.82.100 Accountability
A. Recognized neighborhood associations shall be accountable to the membership of the
neighborhood which they represent.
B. They shall be responsible for notifying the membership about meetings, elections, and
other association events.
C. All meetings of a recognized neighborhood association shall be open to the public;
subject to the State of Montana's open meeting laws.
D. A recognized neighborhood association shall make a good faith effort to seek the views
of the people affected by proposed policies or actions and shall consider all proposed options
before adopting any final recommendations or actions.
E. INC delegates will serve as liaison between City staff and the recognized neighborhood association, and shall be selected by the neighborhood association membership in accordance
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with neighborhood association bylaws.
F. All recognized neighborhood associations shall establish procedures, through the
adoption of bylaws, which shall at a minimum provide that the general membership of such
associations have the ability to register support or opposition to any issue, action or proposed
action by the City including, but not limited to, holding of a special meeting, if necessary, to address such issue or action. When a recognized neighborhood association presents its official
position on an issue, action or proposed action to the City, it shall identify how the general
neighborhood association membership was contacted, and the vote tally for and against the
position asserted by the association.
1. The recognized neighborhood association shall establish and follow a clear method for
reporting to the City actions which accurately reflect the neighborhood's position. When a recognized neighborhood association presents its official position on an issue to the City, it
shall be prepared to identify whether the decision was reached by the board, a poll of the
general membership, or by a vote at a general membership meeting, and the vote for and
against the position.
2. The consensus view of a dissenting minority or minorities on any issue considered shall
be recorded and transmitted along with any recommendations made by a recognized neighborhood association to the City.
G. Nothing in this chapter shall be considered as a limitation of any citizen's rights to
participate directly in the decision-making process of the City government.
(Ord. No. 1728, § 1(2.82.100), 12-10-2007)
2.82.110 Meetings
A. Recognized neighborhood associations shall hold, at a minimum, an annual meeting.
Recognized neighborhood associations shall set forth meeting requirements in their bylaws.
B. Recognized neighborhood associations shall hold meetings for all members within their
boundaries. These meetings shall be open to the public; subject to the State of Montana's
open meeting laws.
(Ord. No. 1728, § 1(2.82.110), 12-10-2007)
2.82.120 Inter Neighborhood Council (INC)
A. The INC is a representative organization to which the City may provide limited forms of
financial aid. The INC is an advisory board to the City Commission.
B. The INC shall be composed of one delegate selected by each recognized neighborhood
association.
1. A vacancy on the Council shall be filled only by the affected recognized neighborhood
association.
2. Each recognized neighborhood association shall also select one alternate to represent
the association in the event the selected delegate is unable to participate in the INC.
3. A delegate to the INC unable to attend an INC meeting may provide written
authorization for another delegate to vote on their behalf on any matter that may come before
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the INC at that meeting. The written proxy authorization shall state the name of the
authorized delegate and be signed and dated by the absent delegate. A proxy vote will be fully
documented in the minutes of the meeting.
C. The INC shall provide a forum for recognized neighborhood associations to come
together, share information and make recommendations to the City. The INC shall also provide a forum for non-recognized neighborhood associations, neighborhood groups and City
agencies to communicate with recognized and non-recognized neighborhood organizations and
groups.
D. The INC shall establish and follow a clear method for reporting to the City, actions which accurately reflect neighborhood positions. When the INC presents its official position on
an issue to the City, it shall be prepared to identify whether the decision was reached by consensus or majority vote of the INC, a poll of the general membership of each recognized
neighborhood association, or by a vote at recognized neighborhood association general
membership meetings. In each instance, INC shall also identify the vote totals for and against
the position.
E. The INC shall meet on a regular basis to address City-wide concerns and foster dialogue
between neighborhoods.
F. The INC shall adopt and maintain bylaws to govern the conduct of their business. These
bylaws shall be approved by a two-thirds vote of the INC memberships and subsequently
ratified by City Commission. The bylaws shall contain, but are not limited to, the following
items:
1. Mission and/or vision;
2. Authorization;
3. Officer elections, terms & vacancies;
4. Voting procedures;
5. Attendance policy;
6. Conflict of interest; and
7. City Liaison duties.
(Ord. No. 1728, § 1(2.82.120), 12-10-2007)
2.82.130 Responsibilities of the City of Bozeman
A. The City Liaison shall:
1. Provide notice to INC delegates regarding all applications received by the Department
of Planning and Community Development where notification guidelines (BMC 18.76) require
that notice be posted "on-site", published in the local newspaper or mailed first class.
Notification to the INC delegates shall be sent via telephone, mail, e-mail, or facsimile
concerning all public hearings associated with the application except those that have been
postponed to a date certain announced at a prior hearing.
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2. Provide notice to INC delegates regarding any proposed change to City property which
requires public notification, including but not limited to change in use, sale, bids and/or leases.
3. Respond within ten (10) working days, or a minimum of five (5) days prior to any
related public hearing, whichever is sooner, when contacted by an elected officer of a
recognized neighborhood association or the INC with a request for information regarding any City project.
4. Review recognition requests from non-recognized neighborhood associations and/or
neighborhood groups and provide a checklist of minimum requirements for recognition, a copy
of this chapter and an updated City of Bozeman Neighborhood Boundaries map and assist non-recognized neighborhood associations and/or neighborhood groups in determining
whether compliance with the requirements for recognition have been satisfied.
5. Forward a notice of noncompliance to any recognized neighborhood association failing
to comply with any requirements or provisions set forth in this chapter.
a. A recognized neighborhood association shall have ninety (90) days from the date of the
notice to come into compliance with the minimum standards established by this chapter and
provide satisfactory evidence of such compliance to the City Liaison.
b. Should a recognized neighborhood association fail to provide such evidence, the INC
shall remove said association from the list of recognized neighborhood associations
immediately upon the expiration of the ninety-day review period. A recognized neighborhood
association may request one ninety (90) day extension in order to obtain compliant status and
provide satisfactory evidence of such compliance to the City Liaison. Extension requests should
be forwarded to the City Liaison within thirty (30) days of the expiration of the original ninety-day term.
c. The INC shall vote on a request from the recognized neighborhood association for an
extension of time to provide evidence of compliance with minimum standards at the earliest
possible meeting date and notify the association of any decision within seven (7) days. If a
request for an extension of time is denied, the terms of the original 90-day compliance period
shall be enforced. Should the request for an extension be granted, the extension will commence on the day following the expiration of the original 90-day term.
d. After expiration of the 90-day review period and extensions, if any, the INC will be
entitled to revoke the recognized status of a neighborhood association should said association
fail to provide evidence that the minimum standards for recognition established by this
chapter have been satisfied. Said association, under non-recognized status, shall forfeit a
delegate to the INC and be removed from all official City mailing lists and will lose the opportunity to receive services rendered to recognized neighborhood associations until such
time as said neighborhood association re-activates their recognized status by providing evidence that the minimum standards of neighborhood recognition established by this chapter
have been satisfied.
6. Provide each recognized neighborhood association with a list of current City
departments, their respective department heads, including corresponding telephone numbers
and provide such information on the City's official internet website.
7. Publish a neighborhoods newsletter, at least quarterly, so that each recognized
neighborhood association may communicate pertinent information and increase
communication between recognized neighborhood associations, their memberships and the
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City.
8. Create and maintain an updated neighborhood directory, which lists the contact
information of the recognized neighborhood association's elected officers and/or other
recognized neighborhood associations designated officers.
9. Provide support services to recognized neighborhood associations, including assistance
with general communications, newsletters, grant writing, activity planning, public relations,
outreach efforts, general information and referral, and other technical assistance which may
include instructions on the use of electronic notification systems.
(Ord. No. 1728, § 1(2.82.130), 12-10-2007)
2.82.140 Responsibilities of Individuals or Entities Submitting an Application to the
Department of Planning and Community Development.
A. In order for the City Liaison to effectively perform their duties executing the intent and
purpose of this chapter, as defined in 2.82.020, the following shall be performed:
1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission,
and/or personal delivery to the City Liaison if notification guidelines (BMC 18.76) require that notice be posted "on-site", published in the local newspaper or mailed first class.
2. Such notice shall contain a complete set of application materials as submitted to the
Department of Planning and Community Development.
B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile
transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application.
(Ord. No. 1728, § 1(2.82.140), 12-10-2007)
2.82.150 Administration and Enforcement
A. The City Liaison shall administer and enforce the responsibilities of the City of Bozeman as defined by this chapter in 2.82.130. The City Liaison may be provided with the assistance of
such other persons as the City Manager may supervise and those assistants shall have essentially the same responsibilities as directed by the City Manager. The City Liaison may
consult with other persons having expertise in relevant subject areas inasmuch as their
opinion is necessary for the administration of this chapter.
B. In the event that the City Liaison finds, or is notified, that requirements or provisions of this chapter are being violated by a recognized neighborhood association, the City Liaison shall
conduct a fact-finding study and attempt to determine the nature of the violation, if any. Once determined, the City Liaison shall make initial findings regarding the alleged violation and
report those findings and supporting evidence to the INC for review. Upon review, the INC
may issue a notice of non compliance and may take the action set forth in 2.82.130, Section
A. (5).
C. In the event that the City Liaison finds, or is notified, that requirements or provisions of
this chapter have been violated by the INC, the City Liaison shall conduct a fact-finding study and attempt to determine the nature of the violation, if any. Once determined, the City Liaison
shall make initial findings regarding the alleged violation and report those findings and
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supporting evidence to the City Commission for review. Upon Review, the City Commission
may issue a notice of non compliance and require compliance within a reasonable amount of
time.
(Ord. No. 1728, § 1(2.82.150), 12-10-2007)
2.82.160 Review Authority
A. The City Commission reserves the right to review and require revisions to any and all
sections set forth in this chapter.
B. Upon review, the INC shall have the authority to affirm, modify or reverse initial
administrative findings made by the City Liaison.
C. Upon Review, the City Commission shall have the authority to affirm, modify, or reverse the findings of the INC. The affirmation, modification or reversal of an INC decision by the City
Commission shall be final and binding and shall be set forth in the form of a Commission
resolution.
D. Notice of the INC review, including date, time and location shall be delivered via certified mail to the recognized neighborhood association's officers or board of directors on file
with the City.
E. The INC review shall be open to the public and shall allow for testimony on all relevant
aspects of the alleged violation, proposed action and applicable policies and standards.
F. The INC may establish time limits on testimony or other additional rules regarding the
conduct of any hearing.
G. Notice of the INC's decision(s) or recommendation(s) shall be delivered via certified
mail to the address of the recognized neighborhood association's officers or board of directors
on file with the City.
H. Decision(s) of the INC may be appealed by a recognized neighborhood association and
shall be submitted to the City Commission for review. Any appeal of an INC review decision(s)
shall be in writing and set forth the specific provisions of the INC review decision(s) being appealed. Written appeals must be received by the City Liaison within fourteen (14) days of
the date of reception of the notice of decision of the INC. Any INC decision, not appealed to
the City Commission within the required time frame shall be considered final and binding.
I. In the event of appeal of an INC review decision, the City Liaison shall forward the
appeal. INC's written decision and the record of the proceedings of the INC hearing to the City
Commission within fourteen (14) days of receipt of the written appeal. Upon receipt of the appeal documents the Commission shall conduct a review within a reasonable amount of time.
(Ord. No. 1728, § 1(2.82.160), 12-10-2007)
Chapter 2.84
BOZEMAN BEAUTIFICATION ADVISORY BOARD
Sections:
2.84.010 Creation.
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2.84.020 Membership--Meetings.
2.84.030 Duties and responsibilities.
2.84.050 Board--Authority.
2.84.010 Creation.
The city commission shall appoint a Bozeman beautification advisory board, hereinafter
referred to as "board," and designate the board to act as the advisory board to the city
commission on matters relating to beautification projects in the Bozeman area.
(Code ????, § 2.84.010; Ord. No. 1360, § 1, 1993)
2.84.020 Membership--Meetings.
A. The board shall consist of up to nine members to be appointed by the city commission. Members of this board shall serve three-year staggered terms. Each member may be
reappointed without any limitation on the number of reappointments. Vacancies shall be filled
in the same manner as original appointments for the balance of the term remaining. In
addition to the appointed membership, the city historic preservation officer shall serve as an
ex-officio, nonvoting member.
B. Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Nonresident members of the board shall have some interest in the city by
virtue of working in the city, owning property in the city, or entering the city frequently for any
lawful purpose.
C. The city shall pay only the expenses of the board which have been authorized by vote
of the city commission prior to such expense being incurred. Members shall serve without
compensation for their time and services.
D. Meetings of the board shall be conducted in accordance with all applicable rules and
regulations of the city and the adopted bylaws of the board.
(Code ????, § 2.84.020; Ord. No. 1360, § 1, 1993)
2.84.030 Duties and responsibilities.
The board shall have the following duties and responsibilities:
A. To identify, investigate and recommend community beautification projects and
programs to the city commission, and to assist in their implementation once approved;
B. In coordination with the appropriate city staff persons, to investigate and pursue grants and other possible funding sources for beautification projects and forward recommendations to
city staff and the city commission; and
C. To advise the city commission concerning actions related to the beautification of city-
owned properties and facilities.
D. The board may have such other duties and responsibilities as the city commission, from
time to time, may direct.
(Code ????, § 2.84.030; Ord. No. 1360, § 1, 1993)
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2.84.040 Board--Authority.
The actions of the board shall be advisory only and shall not constitute policy of the city and
shall not be binding upon the city commission or upon the city. The city may adopt all or any
part of any recommendation of the board, with or without any changes made by the city
commission, as city policy.
(Code ????, § 2.84.040; Ord. No. 1360, § 1, 1993)
Chapter 2.88
TAX INCREMENT FINANCING INDUSTRIAL DISTRICT BOARD*
*State law reference—Urban Renewal Law, MCA 7-15-4201 et seq.
Sections:
2.88.010 Purpose and intent.
2.88.020 Definitions.
2.88.030 Creation--Powers and duties.
2.88.040 Members--Appointment and terms.
2.88.050 Meetings--Election of officers.
2.88.060 Annual reports.
2.88.010 Purpose and intent.
The purpose and intent of this chapter is to provide for an advisory board of citizens of
Bozeman, Montana to assist in the attraction and retention of secondary, value-adding
industries including ware-housing, distribution and transportation industries, and
manufacturing that uses Montana timber, mineral, oil, gas, coal and agricultural resources in
the production of products in the state of Montana. More specifically, this board of citizens will
consult and advise the city commission regarding the Bozeman TIFID program.
(Code ????, § 2.88.010; Ord. No. 1337, § 1, 1991)
2.88.020 Definitions.
The following words and phrases used in this chapter shall be defined as follows:
A. "Actual taxable value" means the taxable value of taxable property at any time, as
calculated from the assessment role last equalized.
B. "Base taxable value" means the actual taxable value of all taxable property within an
urban renewal area or industrial district prior to the effective date of a tax increment financing
provision. This value may be adjusted as provided in MCA 7-15-4287 or 7-15-4293.
C. "Incremental taxable value" means the amount, if any, by which the actual taxable
value at any time exceeds the base taxable value of all property within a tax increment financing industrial district.
D. "Industrial district" or "tax increment financing industrial district" or "TIFID" means a
tax increment financing industrial district created pursuant to Ordinance No. 1336, and MCA
7-15-4299.
E. "Industrial infrastructure development project" means a project undertaken within or
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for an industrial district that consists of any or all of the activities authorized by MCA 7-15-
4288.
F. "Tax increment" means the collections realized from extending the tax levies, expressed
in mills, of all taxing bodies in which the industrial district or a part thereof is located against
the incremental taxable value.
G. "Tax increment provision" means a provision for the segregation and application of tax
increments as authorized by MCA 7-15-4282 through 7-15-4292.
H. "Taxes" means all taxes levied by a taxing body against property on an ad valorem basis.
(Code ????, § 2.88.020; Ord. No. 1337, § 2, 1991)
2.88.030 Creation--Powers and duties.
The Bozeman city commission creates the Bozeman tax increment financing industrial district
(TIFID) board and authorizes the TIFID board to exercise any of the following industrial district
powers:
A. To undertake and carry out industrial infrastructure development projects as approved the city commission;
B. To disseminate industrial development information;
C. To advise the commission on the improving, clearing or preparing for development or
redevelopment any real or personal property in the industrial district;
D. To effectuate industrial infrastructure development project plans;
E. To assist in conducting appraisals, title searches, surveys, studies, and other
preliminary plans and work necessary to prepare for the undertaking of industrial
infrastructure development projects;
F. To assist in the negotiation for the acquisition of land;
G. To study the closing, vacating, planning or replanning of streets, roads, sidewalks,
ways, railroad spurs, sewer lines, sewer treatment facilities, waterlines, waterways, water
treatment facilities, or other places and to make recommendations with respect thereto;
H. To make recommendations concerning the allocation of tax increment financing
industrial district funds as appropriated by the Bozeman City Commission and as provided for in MCA 7-15-4288;
I. To perform such duties as the city commission may direct so as to make the necessary
arrangements for the exercise of the powers and performance of duties and responsibilities
entrusted to the city commission.
(Code ????, § 2.88.030; Ord. No. 1337, § 3, 1991)
2.88.040 Members--Appointment and terms.
A. All appointments to the TIFID board will be made by the city commission.
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B. The TIFID board shall consist of at least five and not more than seven members with
the initial terms as follows: one member appointed at one year, one for two years, two for
three years, and the remainder for four years. Each appointment thereafter shall be for four
years.
C. Whenever possible, at least one board member will be selected from each of the
following disciplines: real estate, economic development, commercial lending, and civil or
environmental engineering. The remaining position(s) shall be at large.
D. Each board member shall hold office until his or her successor has been appointed and has qualified.
E. A board member shall receive no compensation for his or her services, but shall be
entitled to previously authorized expenses, including travelling expenses, incurred in the
discharge of his or her duties.
F. Any persons may be appointed as board members if they are residents of, property
owners within, or gainfully employed by a business or firm located within the city.
G. A board member may be removed for inefficiency, neglect of duty or misconduct in
office.
H. A majority of members must reside or own real property within the city.
(Code ????, § 2.88.040; Ord. No. 1339, § 1, 1991: Ord. No. 1337, § 4, 1991)
2.88.050 Meetings--Elections of officers.
A. The TIFID board shall hold meetings as it deems necessary to execute its powers and
duties as provided for in Section 2.88.030 and Chapter 3.20.
B. The TIFID board shall adopt bylaws enabling it to elect officers, set officer terms and
establish regular meeting times.
(Code ????, § 2.88.050; Ord. No. 1337, § 5, 1991)
2.88.060 Annual reports.
The TIFID board shall file with the city commission, on or before March 31st of each year, a
report of its activities for the preceding calendar year.
(Code ????, § 2.88.060; Ord. No. 1337, § 6, 1991)
Chapter 2.92
BOZEMAN TREE ADVISORY BOARD (BTAB)
Sections:
2.92.010 Purpose.
2.92.020 Definitions.
2.92.030 Creation.
2.92.040 Membership.
2.92.050 Meetings.
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2.92.060 Annual reports.
2.92.010 Purpose.
The purpose and intent of this chapter is to provide for an advisory board of citizens of
Bozeman, Montana to assist or advise in the promotion of urban forestry; the education of the general public toward the value, benefits and necessity of urban trees; the promotion of and
use of professionally recognized arboricultural practices; the recommendation of programs and
policies dealing with planting, maintenance and removal of trees, shrubs and other plants and
other tree-related matters; and the development and periodic review of the master street tree
plan.
(Code ????, § 2.92.010; Ord. No. 1364, § 1, 1993)
2.92.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular and words in the
singular include the plural. The word "shall" is mandatory and not merely directory.
"Public way" means all city property deeded or recorded as streets, roads, boulevards, alleys, sidewalks and parking strips.
"Public area" means Sunset Hills Cemetery, public ways, city parks and all other lands owned,
leased, managed or occupied by the city.
(Code ????, § 2.92.020; Ord. No. 1364, § 1, 1993)
2.92.030 Creation.
The Bozeman city commission creates the Bozeman tree advisory board, hereinafter referred
to as "BTAB." BTAB shall act as an advisory board to the city commission. BTAB shall have the
following duties and responsibilities:
A. Give guidance and advice to the city in determining the needs of the city's tree program;
B. Conduct street tree inquests pursuant to Chapter 12.30;
C. Consider and recommend for adoption to the city commission, an arboricultural
specifications manual and revision as necessary;
D. Assist in the selection of applicants for cost-share tree planting and tree transplanting
from the city nursery for use in the public way only;
E. Make recommendations as to the type and kind of trees to be planted upon the city
streets and public areas;
F. Assist in conducting appraisals, title searches, surveys, studies and other preliminary
plans and work necessary to prepare for the establishment of the master street tree plan and
recommend an urban forestry plan and the master street tree plan to the city commission for its acceptance;
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G. Study the closing, vacating, planning or replanning of public ways, streets, roads,
sidewalks, railroad spurs, sewer lines, and make recommendations with respect to urban
forestry;
H. Periodically review master street tree plan and recommend changes to the city
commission;
I. Work with other appropriate boards to update the city of Bozeman street tree and park
tree inventory; and
J. Perform such duties and responsibilities as the city commission from time to time may direct.
(Code ????, § 2.92.030; Ord. No. 1364, § 1, 1993)
2.92.040 Membership.
A. BTAB shall consist of five voting members, to be appointed by the city commission.
Members shall serve two years each, provided that the members initially appointed shall be
appointed two for one year and three for two years so they will serve staggered terms.
B. Whenever possible, two of the members shall be from the following disciplines: real estate, commercial lending, civil or environmental engineering, or landscape architecture or
construction.
C. Each member shall hold office until the member's successor has been appointed and
has qualified, except as provided in subsection F of this section.
D. A member shall receive no compensation for the member's services but shall be entitled to previously authorized expenses, including traveling expenses, incurred in the discharge of
the member's duties.
E. Members shall be residents of the city, own property within the city, or be gainfully
employed within the city.
F. A member will be removed for inefficiency, neglect of duty, misconduct in office or three unauthorized absences from regularly scheduled board meetings.
G. The city manager, or a designee, shall be an ex officio, nonvoting member of the board.
The city manager or designee shall keep the board informed as to city policies and city budget
affecting BTAB, and make available to them any information which the city manager or
designee deems pertinent.
(Code ????, § 2.92.040; Ord. No. 1364 § 1, 1993)
2.92.050 Meetings.
A. BTAB shall hold meetings as it deems necessary to execute its duties and
responsibilities but not less often than quarterly.
B. Meetings shall be conducted in accordance with all applicable rules and regulations of
the city of Bozeman and the adopted and approved bylaws of BTAB.
(Code ????, § 2.92.050; Ord. No. 1364, § 1, 1993)
Page 88 of 924
2.92.060 Annual reports.
BTAB shall file with the city commission, on or before March 31st of each year, a report of its
activities for the preceding calendar year.
(Code ????, § 2.92.060; Ord. No. 1364, § 1, 1993)
Chapter 2.96
BOZEMAN SENIOR CITIZENS' ADVISORY BOARD
Sections: 2.96.010 Creation.
2.96.020 Membership--Meetings. 2.96.030 Duties and responsibilities.
2.96.040 Bozeman Senior Citizens' Advisory Board--Authority.
2.96.010 Creation.
The City Commission of the City of Bozeman shall appoint a Bozeman Senior Citizens' Advisory
Board, and designate the Bozeman Senior Citizens' Advisory Board to act as the advisory board to the City Commission on matters relating to senior citizen issues.
(Code ????, § 2.96.010; Ord. No. 1521, § 1, 2000; Ord. No. 1748, § 1(2.96.010), 10-6-2008)
2.96.020 Membership--Meetings.
A. The Bozeman Senior Citizens' Advisory Board shall consist of seven members,
appointed by the City Commission. Unless prohibited by the bylaws, each member may be
reappointed without limitation on the number of reappointments. Members of the Bozeman Senior Citizens' Advisory Board shall serve two-year staggered terms. Vacancies shall be filled
in the same manner as original appointments for the balance of the term remaining.
B. A minimum of five members shall reside within the city limits of Bozeman. Nonresident
members of the Bozeman Senior Citizens' Advisory Board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for
any lawful purpose.
C. The City shall pay only the expenses of the Bozeman Senior Citizens' Advisory Board
which have been authorized by vote of the City Commission prior to said expense being
incurred. Members shall serve without compensation for their time and services.
D. Meetings of the Bozeman Senior Citizens' Advisory Board shall be conducted in
accordance with all applicable rules and regulations of the City of Bozeman and the adopted bylaws of the Board.
(Code ????, § 2.96.020; Ord. No. 1521, § 1, 2000; Ord. No. 1748, § 1(2.96.020), 10-6-2008)
2.96.030 Duties and responsibilities.
The Bozeman Senior Citizens' Advisory Board shall have the following duties and
responsibilities:
Page 89 of 924
Senior citizen issues. The Bozeman Senior Citizens' Advisory Board shall make
recommendations concerning all pertinent issues regarding the health, welfare, and quality of
life for all senior citizens in the Bozeman area. In order to do this, the Bozeman Senior
Citizens' Advisory Board must work closely with all other agencies located in Gallatin County
whose primary concern is senior citizen issues. The Bozeman Senior Citizens' Advisory Board
will make presentations to the Commission, the City Manager, or his designee regarding these issues and their recommendations, if any, regarding these issues.
(Code ????, § 2.96.030; Ord. No. 1521, § 1, 2000; Ord. No. 1748, § 1(2.96.030), 10-6-2008)
2.96.040 Bozeman Senior Citizens' Advisory Board--Authority.
The actions of the Bozeman Senior Citizens' Advisory Board shall be advisory only and shall not constitute policy of the City and shall not be binding upon the City Commission or upon
the City. The City may adopt all or any part of any recommendation of the Bozeman Senior Citizens' Advisory Board, with or without any changes by the City Commission, as City policy."
(Code ????, § 2.96.040; Ord. No. 1521, § 1, 2000; Ord. No. 1748, § 1(2.96.040), 10-6-2008)
ORDINANCE NO. 155444
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 2.96 PROVIDING FOR A LIVING WAGE TO
EMPLOYEES OF THE CITY OF BOZEMAN AND TO EMPLOYEES OF BUSINESSES AND
OTHER RECIPIENTS OF FINANCIAL ASSISTANCE FROM THE CITY OF BOZEMAN.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
"Chapter 2.96
Quality Jobs and Living Wage
2.96.010 Title and Purpose
This ordinance shall be known as the "City of Bozeman Quality Jobs and Living Wage Ordinance." The purpose of this ordinance is to prescribe a living wage for City employees and
to prescribe that businesses receiving certain financial assistance from the City pay employees
a minimum level of compensation.
(Ord. No. 1554, § 1(2.96.010), 12-19-2001)
2.96.020 Definitions
As used in this chapter, the following terms shall have the meanings:
A. "City" means the City of Bozeman and all its agencies, departments and offices.
B. "Covered regular employee" shall mean any employee regularly employed for twenty
(20) or more hours per week by the City or by a Recipient of financial assistance from the City.
Covered regular employee does not include part-time, seasonal, temporary, short-term, or
44 A chapter 2.96 already exists.
Page 90 of 924
probationary employees, or an employee who is also an owner under a Chapter S or C
corporation.
C. "Financial assistance" means financial support from the City of Bozeman for any of the
following City programs:
1. Community Development Block Grant Economic Development Revolving Loan Fund
(CDBG Revolving Loan); and
2. Tax Incentive Program for New Industry or Expanding Industry Under M.C.A. §15-24-
1401, et seq. (Tax abatement).
D. "Health benefits" means an offer by the Recipient or City to its employees to pay at
least $1.00 per hour towards the provision of health care benefits for employees or for employees and their dependents. The health benefits described herein shall be increased by an
amount equal to the increase in the Consumer Price Index (CPI-U) for the Western Region for
expenditure category medical care for the twelve month period ending in the previous
November.
E. "Living wage" means a wage calculated on an hourly basis equal to $8.50 with health
benefits or $9.50 without health benefits paid to a covered regular employee; a wage calculated on an hourly basis equal to $8.07 with health or without health benefits paid to a
probationary employee; a wage calculated on an hourly basis equal to $8.0618 with health
benefits or without health benefits paid to a seasonal employee; a wage calculated on an
hourly basis equal to $7.4933 with health benefits or without health benefits paid to a
temporary employee; and a wage calculated on an hourly basis equal to $7.4933 with health
benefits or without health benefits paid to a short-term employee. Beginning on or after
January 1, 2004, the living wage described herein shall be increased at the beginning of the fiscal year of the City or Recipient, or annually, each year thereafter by an amount equal to the
change in the most recent Consumer Price Index, Class "B" and "C" for the Western Region.
F. "Part-time employee" means an employee regularly employed for less than twenty (20)
hours per week by the City or by a Recipient of financial assistance from the City. Part-time
employee does not include seasonal, temporary, short-term, or probationary employees.
G. "Probationary employee" means a current regular employee designated as probationary
and one who has not been employed for a period of more than six (6) months from the most
recent date of hire. Neither this definition nor payment of probationary employees a living
wage is intended to establish a shorter probationary period than established by the City or
Recipient receiving financial assistance from the City nor intended to preclude the extension of
a probationary period by the City or Recipient receiving financial assistance from the City.
H. "Recipient" means any person, entity, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust, governmental entity, or organization.
I. "Seasonal employee" means a regular employee who is designated as seasonal, who
performs duties interrupted by the seasons, and who may be recalled without the loss of rights
or benefits accrued during the preceding season.
J. "Short-term worker" means a person who:
a. is hired by an agency for an hourly wage established by the agency;
Page 91 of 924
b. may not work for the agency more than 90 days in a continuous 12-month period;
c. is not eligible for regular status;
d. may not be hired into another position by the agency without a competitive selection process; and
e. is not eligible to earn the leave and holiday benefits or group insurance benefits.
K. "Temporary employee" means an employee who:
1. Is designated as a temporary employee for a definite period of time not to exceed twelve (12) months;
2. Performs temporary duties or regular duties on a temporary basis;
3. Is not eligible for regular status;
4. Is terminated at the end of the employment period; and
5. Is not eligible to become a regular employee without a competitive selection process.
(Ord. No. 1554, § 1(2.96.020), 12-19-2001)
2.96.030 Living Wage for City Employees
On and after July 1, 2002, the City shall pay to employees a living wage, except as provided
by section 2.96.060 and except for any employee that is a member of a bargaining unit that has not negotiated a new collective bargaining agreement since the effective date of this
Ordinance.
(Ord. No. 1554, § 1(2.96.030), 12-19-2001)
2.96.040 Living Wage for Employees of Recipient of Financial Assistance
On and after July 1, 2002, any Recipient receiving financial assistance the Tax Abatement
Program shall pay its employees a living wage. On or after July 1, 2002, any Recipient receiving financial assistance under the CDBG Revolving Loan program with less than 15
employees shall pay its employees a living wage within three (3) years of receiving financial
assistance. On or after July 1, 2002, any Recipient receiving financial assistance under the
CDBG Revolving Loan program with 15 or more employees shall pay its covered employees a
living wage. This section applies only to Recipients that make application and receive financial assistance after the effective date of this ordinance. It does not apply to Recipients receiving
financial assistance on or before the effective date of this Ordinance.
(Ord. No. 1554, § 1(2.96.040), 12-19-2001)
2.96.050 Proof of Wages and Benefits and Other Requirements
A. Each Recipient of financial assistance shall keep full and accurate payroll and benefits
records for each covered employee. The City may demand and examine, and it shall be the
duty of every recipient, and agent thereof, to keep and furnish to the City copies of payroll and
benefits records which relate to wages paid to employees by recipients receiving financial
Page 92 of 924
assistance from the City. Annually or upon request by the City, the Recipient receiving financial
assistance shall provide proof of wages and benefits for employees for the period for which
assistance is being provided or five (5) years, whichever is longer.
B. Recipients of financial assistance shall execute an agreement with the City providing for
the payment of living wages as provided in Section 2.96.040 to employees. The agreement shall contain a notice in substantially the following form:
"The Recipient agrees to pay all workers employed by the Recipient in the performance of this
loan [or grant], a living wage as provided by Chapter 2.96 of the Bozeman Municipal Code.
The Recipient agrees to make available for City inspection the recipient's payroll records relating to employees providing services under this loan [or grant]. If any payroll records of
Recipient contain any false, misleading or fraudulent information, or if the Recipient fails to comply with any of the provisions of Bozeman Municipal Code Chapter 2.96, the City may
withhold payments on the agreement, terminate, cancel or suspend the agreement in whole,
or in part."
C. Failure to pay employees in accordance with this Chapter will constitute a breach of the
agreement described in subsection B above and entitles the City to immediate and full
repayment of any financial assistance provided to the Recipient of financial assistance or other remedies acceptable to the City.
D. Every Recipient of financial assistance shall post a notice of the current living wage
posted at the site of the work in a permanent place where it can be easily seen and read by
the persons employed. The notice shall also provide information of the means the reader may
use to file a complaint of violation. In addition, copies of the current living wage requirement
shall be supplied to any person employed at the request of such person and within a reasonable period of time after the request.
E. An employee may file a complaint alleging a recipient's violation of this section. All
complaints shall be filed with the Director of Administrative Services for the City of Bozeman.
The Director of Administrative Services shall investigate the complaint and present his or her
findings to the City Commission.
F. At the time of application, Recipients receiving financial assistance from the City will be
advised that they can apply for a variance in accordance with Section 2.96.090.
(Ord. No. 1554, § 1(2.96.050), 12-19-2001)
2.96.060 Collective Bargaining Exemption
Except for Recipients covered under Section 2.96.040, all the provisions of this Chapter, or any
part hereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is expressly set forth in such an agreement in clear and unambiguous terms.
(Ord. No. 1554, § 1(2.96.060), 12-19-2001)
2.96.070 Cuts and Non-Wage Benefits Prohibited
No Recipient of financial assistance will fund wage increases required by this ordinance, or
otherwise respond to the provisions of this Chapter, by reducing the health benefits, insurance,
pension, vacation or other non-wage benefits of any its employees.
(Ord. No. 1554, § 1(2.96.070), 12-19-2001)
Page 93 of 924
2.96.080 Non-Impairment of Existing Contracts
Nothing contained herein shall operate to impair any existing contracts, except that the
renewal, amendment or modification of such contracts occurring on or after the effective date
of this ordinance shall be subject to this Chapter.
(Ord. No. 1554, § 1(2.96.080), 12-19-2001)
2.96.090 Variance
The City Commission, in its sole discretion, may grant a variance from this Chapter if:
A. A Recipient of financial assistance submits a plan to comply with this Chapter for ninety
percent (90%) of employees upon receiving City financial assistance, for ninety five percent (95%) of employees within one (1) year, and for all employees within two (2) years of
receiving financial assistance; or
B. The City Commission determines that it would be in the public interest after a hearing
that the Recipient of financial assistance should be granted a variance or a conditional variance from this Chapter.
(Ord. No. 1554, § 1(2.96.090), 12-19-2001)
2.96.100 Retaliation and Discrimination Barred
A Recipient of financial assistance from the City shall not discharge, reduce the compensation,
or otherwise discriminate against any employee, any employee making a complaint or
otherwise asserting his or her rights under this Chapter, or any employee participating in any
investigation or proceedings.
(Ord. No. 1554, § 1(2.96.100), 12-19-2001)
2.96.110 Biennial Review
During the month of July 2004 and then every two years thereafter, the Commission shall
review this chapter to determine whether any modifications to this chapter are necessary or
whether this chapter should be repealed. Failure to review this chapter does not affect this chapter nor the requirement to pay a living wage."
(Ord. No. 1554, § 1(2.96.110), 12-19-2001)
CHAPTER 2.98
BOZEMAN AREA BICYCLE ADVISORY BOARD
2.98.010 Creation
The City Commission shall appoint a Bozeman Area Bicycle Advisory Board, hereinafter
referred to as "board," and designate the board to act as the advisory board to the City Commission on matters relating to enhanced bicycle circulation, community-wide bicycle
education and safety programs, and other matters relating to bicycling in the Bozeman area.
(Ord. No. 1594, § 1(2.98.010), 4-28-2003)
2.98.020 Membership
A. The board shall consist of up to nine (9) members to be appointed by the City
Page 94 of 924
Commission. Members of this board shall serve two (2) year staggered terms. Each member
may be reappointed without any limitation on the number of reappointments. Vacancies shall
be filled in the same manner as original appointments for the balance of the term remaining.
B. Persons of legal age may be appointed to the board. A majority of the board shall be
residents of the city. Non-resident members of the board shall have some interest in the city by virtue of working in the city, owning property in the city, or entering the city frequently for
any lawful purpose. In addition, the members should be knowledgeable of bicycling and/or
traffic safety in the Bozeman area.
C. The City shall pay only the expenses of the board which have been authorized by vote of the City Commission prior to said expense being incurred. Members shall serve without
compensation for their time and services.
(Ord. No. 1594, § 1(2.98.020), 4-28-2003)
2.98.030 Meetings
Meetings of the board shall be conducted in accordance with all applicable rules and
regulations of the City of Bozeman and the adopted bylaws of the board.
(Ord. No. 1594, § 1(2.98.030), 4-28-2003)
2.98.040 Duties and Responsibilities
The board shall have the following duties and responsibilities:
A. The board shall provide advice and recommendations to the City Commission on
matters before the City Commission which may have an impact on bicycling, insofar as it may
relate to usage of public streets and other public ways by bicycles.
B. The board shall provide advice and recommendations to the City Commission regarding
bicycling issues pertaining to the Parks, Open Space and Trails Master Plan and the Bozeman
Urban Area Transportation Plan.
C. The board may have such other duties and responsibilities as the City Commission may, from time to time, direct.
(Ord. No. 1594, § 1(2.98.040), 4-28-2003)
2.98.050 Authority
The actions of the board shall be advisory only and shall not constitute policy of the City and
shall not be binding upon the City Commission or upon the City. The City may adopt all or any
part of any recommendation of the board, with or without any changes made by the City Commission, as City policy."
(Ord. No. 1594, § 1(2.98.050), 4-28-2003)
Page 95 of 924
Page 96 of 924
Title 3
REVENUE AND FINANCE*
*State law references--Financial administration and taxation, MCA 7-6-101 et seq.; debt management,
MCA 7-7-101 et seq. ; taxation, MCA 15-1-101 et seq.
Chapters: 3.04 Collection of Taxes
3.08 Transfer of Surplus Funds 3.12 Police Reserve Fund
3.16 Special Improvement District Revolving Fund
3.20 Tax Increment Financing Industrial District Program
3.24 Impact Fees
Chapter 3.04
COLLECTION OF TAXES
Sections:
3.04.010 Tax collection by county authorized when.
3.04.020 Annual city tax levy determination.
3.04.030 Monthly settlement and collection from county treasurer.
3.04.040 Annual tax reports to commission--Contents. 3.04.050 Special assessments--Collection procedure.
3.04.060 Special assessments--Procedure for levy.
3.04.070 Special assessments--Payable when--Delinquency penalty.
3.04.080 Special assessments--Form of notice and receipt.
3.04.090 Special assessments--Notice of payment deadlines and delinquency
conditions.
3.04.100 Special assessments--Delinquency report. 3.04.110 Delinquent assessments--Declaration by resolution--Conditions.
3.04.120 Delinquent assessments--Certificates to county clerk and county treasurer.
3.04.130 Delinquent assessments--Notice publication required.
3.04.140 Delinquent assessments--Payment procedure.
3.04.150 Delinquent tax sales--Director of finance authority and duties.
3.04.160 Reinstating special assessments. 3.04.170 Special improvement districts--Annual reports.
3.04.010 Tax collection by county authorized when.
All taxes levied by the city of Bozeman for general, municipal and administrative purposes
shall be collected by the county treasurer, as provided by MCA 7-6-4413, 1981, as amended.
(Prior code, § 2.32.010; Code ????, § 3.04.010)
3.04.020 Annual city tax levy determination.
The commission of the city must, on or before the second Monday in August of each year, by
resolution, determine the amount of the city taxes for all purposes to be levied and assessed
on the taxable property in the city for the current fiscal year, and the clerk of the commission
must duly certify to the county clerk a copy of such resolution, and the county treasurer must
collect such taxes, as provided by MCA 7-6-4413, 1981, as amended.
Page 97 of 924
(Prior code, § 2.32.020; Code ????, § 3.04.020)
3.04.030 Monthly settlement and collection from county treasurer.
The director of finance shall, immediately after the first of every month, settle with and collect from the county treasurer all taxes for general, municipal and administrative purposes
collected by the county treasurer.
(Prior code, § 2.32.030; Code ????, § 3.04.030)
3.04.040 Annual tax reports to commission--Contents.
A. On or before the first day of January of each and every year, the director of finance
shall make a report to the commission showing:
1. Total assessable value of property within the city;
2. Taxable value of property within the city;
3. Rate of taxation for the city for general, municipal and administrative purposes;
4. Total amount of taxes due the city for the preceding year;
5. Amount collected;
6. Amount delinquent.
B. On or before the first day of August of each and every year, the director of finance shall
make a like report to the commission of the city.
C. The reports so made shall likewise contain a statement showing taxes delinquent and
due and owing to the city for prior years.
(Prior code, § 2.32.040; Code ????, § 3.04.040)
3.04.050 Special assessments--Collection procedure.
All special assessments, of whatever kind and character, heretofore levied, or which may be
hereafter levied, by the commission of the city to defray the cost of any special improvements in the city, or special assessments heretofore levied or hereafter levied for special purposes, as
provided by law and the Code of the city, shall be collected by the city, by and through its
director of finance. The director of finance shall make these collections in the same manner
and at the same time as general taxes are collected by the county treasurer. He shall make
proper distribution to the various funds for which such collections are made of all money collected by him.
(Prior code, § 2.32.050; ; Code ????, § 3.04.050)
3.04.060 Special assessments--Procedure for levy.
Within two days after the passage and adoption of any resolution of the commission of the city
levying and assessing any special improvement assessment, the clerk of the commission shall
deliver the original or certified copy of such resolution of such levy and assessment to the director of finance, and the director of finance shall thereupon enter and spread the
Page 98 of 924
assessments so made in the Special Improvement Assessment Book, against the property
against which the assessment is a lien.
(Prior code, § 2.32.060; ; Code ????, § 3.04.060)
3.04.070 Special assessments--Payable when --Delinquency penalty.
All special assessments, or installments of special assessments, heretofore or hereafter levied and assessed for any purpose whatsoever, duly and regularly levied by resolution according to
law, shall be payable on or before six p.m. on the thirtieth day of November of each year, and
in the event the same are not paid on or before said date, the same shall become delinquent
and shall be subject to a penalty of five percent, and shall bear interest at the rate of one
percent per month from the date of delinquency.
(Prior code, § 2.32.070; Code ????, § 3.04.070)
3.04.080 Special assessments--Form of notice and receipt.
The director of finance shall prepare and adopt, subject to the approval of the city manager, a
form of notice and receipt for special assessments. Such notice and receipt shall conform
substantially to the form used by the county treasurer. The original shall constitute the receipt
to the taxpayer; the duplicate, the notice to the taxpayer; and the triplicate, the permanent record in the office of the director of finance. The notice herein specified shall contain an
itemized statement of the amount of taxes due the current year, and the amount due and delinquent for other years (if any). The director of finance shall mail, on or before the twenty-
fifth day of October of each year, postage prepaid, the aforesaid notice to the last known
address of each taxpayer.
(Prior code, § 2.32.080; ; Code ????, § 3.04.080)
3.04.090 Special assessments--Notice of payment deadlines and delinquency conditions.
A. On or before the twenty-fifty day of October of each year, the director of finance shall
publish a notice specifying:
1. That all special taxes, special assessments, or installments of special assessments,
made for special improvements or special services of any nature, duly and regularly levied by resolution of the city commission, according to law, shall by payable before six p.m., on the
thirtieth day of November next thereafter, and in the event the same are not paid on or before said date, the amount of such taxes and assessments shall become delinquent, and all
delinquent taxes shall bear interest at the rate of one percent per month from the time they
are first delinquent until paid. A penalty of five percent shall be added to all delinquent taxes;
2. The time and place at which payment of such taxes may be made;
3. That in the event that any installment of an assessment which has been made payable in installments shall be allowed by a taxpayer to become delinquent, the city commission may
declare all unpaid installments of such assessment delinquent, also.
B. Provided, that any failure to give any of these notices will not affect the legality of the
tax, nor relieve the taxpayer from any of his liability.
(Prior code, § 2.32.090; Code ????, § 3.04.090)
Page 99 of 924
3.04.100 Special assessments--Delinquency report.
Immediately after the thirtieth day of November, and before the seventh day of December of
each and every year, the director of finance shall make to, and file with, the commission of the
city a report showing the delinquencies for that year, and setting forth:
A. The name of the owner;
B. The description of the lot or parcel of property;
C. The amount of delinquent assessments for the current year;
D. The number and amount of unpaid installments of such delinquent special assessments;
E. The amount due and delinquent for other years, if any.
(Prior code, § 2.32.100; Code ????, § 3.04.100)
3.04.110 Delinquent assessments--Declaration by resolution--Conditions.
When the payment of any one installment of any special assessment becomes delinquent, all
payments of subsequent installments shall, at the option of the commission of the city, by appropriation resolution duly adopted, become delinquent. The commission shall thereupon, at
its option, by appropriation resolution duly adopted, declare all such unpaid special
assessments, or installment of such special assessments, and all subsequent installments of
such special assessments, due, payable and delinquent. The whole property may be sold the
same as other property is sold for taxes.
(Prior code, § 2.32.110; Code ????, § 3.04.110)
3.04.120 Delinquent assessments--Certificates to county clerk and county treasurer.
A. Before the tenth day of December (or before the tenth day of June, if the December
certification has been omitted or incompletely or improperly made), the director of finance
shall certify all delinquent taxes and assessments to the county clerk and to the county treasurer of Gallatin County for collection as provided by law.
B. Such certificate shall contain:
1. The description of each lot or parcel of land on which any tax or assessment has
become delinquent, and against which it is a lien;
2. The name and address of the person to whom assessed;
3. The date when the same became delinquent;
4. The amount of the delinquent tax or assessment;
5. The penalty to be added thereto;
6. The total amount of such delinquent tax or assessment with penalty added; and
7. If any special assessment is payable in installments, and any installment thereof
Page 100 of 924
becomes delinquent, the amount of such delinquent installment shall be included in such
certificate, provided that in the event the city commission shall by resolution declare the whole
of the assessment remaining unpaid to be delinquent, then the whole of the assessment
remaining unpaid shall be included in such certificate.
(Prior code, § 2.32.120; Code ????, § 3.04.120)
3.04.130 Delinquent assessments--Notice publication required.
Within ten days of the time of filing the certificates required in Section 3.04.120, the director
of finance shall publish, in not less than one issue of the daily newspaper of largest circulation
in the city, a notice specifying:
A. That he has certified to the county treasurer a complete delinquent list of all persons
and property in the city, against which delinquent taxes are a lien and that the county treasurer will sell such property at a later date at public auction unless prior to such auction all
delinquent taxes, together with interest, penalties and costs thereon due, are paid;
B. That a complete delinquent list of all persons and property in the city now owing taxes
is on file in the office of the county treasurer and in the office of the director of finance and is subject to public inspection and examination;
C. That the date of the sale shall be as determined by the county treasurer;
D. That delinquent assessments may be reinstated by complying with the provisions of
MCA 7-12-4184, 1981.
(Prior code, § 2.32.130; Code ????, § 3.04.130)
3.04.140 Delinquent assessments--Payment procedure.
All delinquent assessments certified to the county clerk shall be paid to and collected, with
penalty and interest, by the county treasurer, and that the county treasurer shall account
therefor and pay the same to the director of finance, as provided by MCA 7-12-4184, 1981.
(Prior code, § 2.32.140; Code ????, § 3.04.140)
3.04.150 Delinquent tax sales--Director of finance authority and duties.
At the time and place that property in the county upon which delinquent taxes are a lien is
sold, at public auction, as provided by MCA 4515-17-101(1), 1981, as amended, the director
of finance shall attend each delinquent tax sale, and shall then and there take such
proceedings as the commission or city manager may direct, to protect the interests of the city
in and to any property sold for delinquent taxes, and in which the city may have an interest by
reason of delinquent special assessments which are a lien thereon, and the city may at such
delinquent tax sale purchase, and may, under and by virtue of the provisions of MCA 7-12-
4227 and 7-12-4228, 1981; and MCA 4615-18-202 and 15-18-203, 1981; and MCA 15-17-
202, 1981, bid in said property, and have certificate of sale issued to the city; or the city may,
at any time subsequent to said delinquent tax sales, or either of them, acquire any of the
property struck off to the county at said delinquent tax sales, as provided by said MCA Chs. 7-
45 This section has been repealed. Should it now be MCA 15-17-122? 46 15-18-202, 15-18-203 and 15-17-202 have been repealed.
Page 101 of 924
12, 15-18 and 15-17 hereinbefore referred to, and under such terms and conditions as the
commission may authorize and direct; that any properties so acquired shall be paid for from
the revolving fund, if and when such revolving fund is provided by the commission of the city,
as provided by MCA Ch. 7-12, 1981.
(Prior code, § 2.32.150; Code ????, § 3.04.150)
3.04.160 Reinstating special assessments.
When any special assessment, or installment or installments of special assessments, have
become delinquent, and are so declared by appropriate resolution of the commission of the
city, and have been certified to the county clerk and county treasurer for collection, as
provided in this chapter, the commission may nevertheless, at its option, upon the payment to the director of finance of the assessment or installment, or installments of special
assessments, with penalty and interest, up to date, by appropriate resolution, be withdrawn from the county treasurer, and cancelled from his records, and reinstated in the office of the
director of finance on his Special Improvement Assessment Book. Such withdrawal and
reinstatement may be had and made at any time before or after the sale of the property for
delinquent taxes, and before tax deed therefor has been executed. When the commission shall
have passed a resolution as contemplated in this chapter, and when a taxpayer shall have complied with all the conditions therein specified, the director of finance shall file with the
county clerk and the county treasurer a certified copy of such resolution, which shall be the county treasurer's authority to cancel and withdraw such delinquent special assessments as
may be therein specified. The director of finance shall then reinstate such assessments or
installments on his Special Improvement Assessment Book, as he is directed in the resolution
of the commission to reinstate.
(Prior code, § 2.32.160; Code ????, § 3.04.160)
3.04.170 Special improvement districts--Annual reports.
On the first day of January of each year, or at such time as the commission may direct, the
director of finance shall make a written report to the commission showing the status of the
assessments and bonds outstanding against the several special improvement districts, setting
forth the following:
A. Amount of special assessment levied against each district;
B. Amount of bonds or warrants issued in payment of the cost of the improvement;
C. Bonds or warrants which have been paid;
D. Bonds or warrants outstanding;
E. Special improvement assessments outstanding but not delinquent;
F. Delinquent special assessments, if any, and the property against which such delinquent
special assessments are a lien.
(Prior code, § 2.32.170; Code ????, § 3.04.170)
Chapter 3.08
TRANSFER OF SURPLUS FUNDS
Page 102 of 924
Sections:
3.08.010 Transfer of funds authorized when.
3.08.010 Transfer of funds authorized when.47
The commission shall have power to transfer funds or moneys collected under the general
levy, or for fees, licenses or fines, from any fund into which they may have been paid, to any
other fund; provided, however, there shall be a surplus in the fund from which such transfer is
made.
(Prior code, § 2.12.010; Code ????, § 3.08.010)
Chapter 3.12
POLICE RESERVE FUND48
Sections:
3.12.010 Board of trustees established--Membership--Duties.
3.12.020 Board of trustees--Election of police members. 3.12.030 Organization of the board.
3.12.040 Meetings of the board.
3.12.050 Duties of the board.
3.12.010 Board of trustees established--Membership--Duties.
For the audit, administration, investment, control and disbursement of the police reserve fund
as heretofore established and accumulated, as the same now exists and as it may hereafter be
augmented in the manner as by law provided, there is created, set up and established a board of trustees. The board of trustees, hereinafter in this chapter referred to as the "board," shall
consist of the mayor, the clerk of the city commission, and the city attorney, who shall be such
trustees by virtue of their respective offices as mayor, clerk and city attorney, as aforesaid,
and two members of the police department on the active list of policemen of the city, to be
chosen by a majority vote of all of the active members of the police force.
(Prior code, § 2.40.010; Code ????, § 3.12.010)
3.12.020 Board of trustees--Election of police members.
A. The active members of the police force shall hold a meeting upon the call of the chief of
police, at which meeting a majority of such active members of the police force shall constitute
a quorum. They shall choose a chairman and a secretary of the meeting from among their
number and proceed to the election of two members of the board from among their number by a majority vote of those present and entitled to vote. Voting shall be by written and secret
ballot. Of those elected at the first meeting, one shall serve until May 10, 1946, and one until May 10, 1947. The chairman and secretary of such meeting shall certify the names of those so
elected to the clerk of the city commission, in writing, the certificate stating the term for which
each is elected, as such terms are herein designated.
47 I question the necessity of sections like this where the commission grants itself powers. Either
they have the power under state law and the Charter, or they don’t. 48 Most boards were classified in Title 2.
Page 103 of 924
B. Thereafter, between the first and tenth day of May, the active members of the police
force shall hold a like meeting for the election of one member of the board, by the same
procedure, for the term of two years from and after the tenth day of May of the year in which
he is elected, and certify such election to the clerk of the city commission as above provided.
The filing of the certificate of election with the clerk, as aforesaid, shall constitute the qualification for membership on the board of the police force members thereof. Any vacancy
on the board as to police force members shall be filled by appointment by the chief of police,
certified as above provided, such appointed member to hold office until his successor is
elected and qualified at the succeeding annual election.
(Prior code, § 2.40.020; Code ????, § 3.12.020)
3.12.030 Organization of the board.
The mayor shall be the chairman, the city attorney the vice-chairman, and the clerk of the city
commission the secretary of the board. The chairman shall preside at all meetings of the board
and, in his absence, the vice-chairman. The secretary shall keep the minutes of the board in a
suitable permanent record, and perform the duties usually appertaining to the office of
secretary. A majority of the board shall constitute a quorum for the transaction of business. No compensation shall be paid to any member of the board for his services as such, but he may
be allowed his actual and necessary expenses incurred in the transaction of any business of the board outside of the city, by authority and direction of the board entered on the minutes,
and upon presentation of verified and itemized claim therefor and approved by the chairman.
(Prior code, § 2.40.030; Code ????, § 3.12.030)
3.12.040 Meetings of the board.
The board shall hold not less than two stated meetings in each year, the dates of which shall
be fixed at the first meeting of the board, and other meetings upon call of the chairman or any two members of the board, upon notice to all of the members of the board who are in the city,
of not less than twenty-four hours. Such notice may be oral, by telephone, or by letter, and
given by the secretary. Any business of the board may be transacted at such special or called
meeting.
(Prior code, § 2.40.040; Code ????, § 3.12.040)
3.12.050 Duties of the board.
It shall be the duty of the board to audit, control, invest and administer the police reserve
fund in accordance with the statutes of the state in such case made and provided, and as the
same may be from time to time altered, amended and repealed, and particularly MCA 7-32-
4101 et seq., 1981 and 49MCA 19-10-201 et seq., 1981.
(Prior code, § 2.40.050; Code ????, § 3.12.050)
Chapter 3.16
SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND*
*State law reference—Special improvement districts, MCA 7-12-4101 et seq.
49 This was renumbered as MCA 19-19-201 et seq.
Page 104 of 924
Sections:
3.16.010 Established--Name and purpose.
3.16.020 Sources of funds.
3.16.030 Loans from revolving fund to special improvement district fund--
Conditions. 3.16.040 Liens imposed for amounts loaned.
3.16.050 Use of surplus in fund.
3.16.060 Levy of tax--Method and effect.
3.16.070 Statutory authority for chapter provisions.
3.16.010 Established--Name and purpose.
In order to secure the prompt payment of any special improvement district bonds and/or
warrants issued in payment of improvements made in any special improvement district or
districts created after February 25, 1929, and the interest thereon, as it becomes due, there is
created and established a fund to be known and designated as "special improvement district
revolving fund."
(Prior code, § 2.36.010; Code ????, § 3.16.010)
3.16.020 Sources of funds.
For the purpose of providing funds for the special improvement district revolving fund, the
commission:
A. Transfer From General Fund. May, in its discretion, from time to time, transfer to the
special improvement district revolving fund from the general fund of the city such amount or
amounts as may be deemed necessary, which amount or amounts so transferred shall be deemed and considered and shall be loans from such general fund to the special improvement
district revolving fund; and
B. Tax Levy. Shall, in addition to such transfers from the general fund, or in lieu thereof,
levy and collect for the special improvement district revolving fund such a tax, hereby declared
to be for a public purpose, on all the taxable property of the city, as shall be necessary to
meet the financial requirements of the fund, such levy, together with such transfer, not to exceed in any one year five percent of the principal amount of the then-outstanding special
improvement district bonds and/or warrants.
(Prior code, § 2.36.020; Code ????, § 3.16.020)
3.16.030 Loans from revolving fund to special improvement district fund--
Conditions.
Whenever any special improvement district bond or warrant, or interest thereon, issued for improvements made in special improvement districts created after February 25, 1929, shall be
or shall become due and payable, and there shall then be either no money or not sufficient
money in the appropriate special improvement district fund with which to pay the same, an
amount sufficient to make up the deficiency may, by order of the commission, be loaned by
the special improvement district revolving fund to such special improvement district fund, and
thereupon such bond or warrant or such interest thereon, whether it be for principal or for
interest, or for both, as the commission may in its discretion elect or determine, shall be paid from the money so loaned, or from the money so loaned when added to the insufficient
amount, as the case may require.
Page 105 of 924
(Prior code, § 2.36.030; Code ????, § 3.16.030)
3.16.040 Liens imposed for amounts loaned.
Whenever any loan is made to any special improvement district fund from the special improvement district revolving fund, the special improvement district revolving fund shall have
a lien therefor on all unpaid assessments and/or installments of assessments on such district, whether delinquent or not, and on all moneys thereafter coming into such special
improvement district fund to the amount of such loan, together with interest thereon from the
time it was made at the rate or percentage borne by the bond or warrant for payment of
which, or of interest thereon, such loan was made. Whenever there shall be moneys in such
special improvement district fund which are not required for the payment of any bond or warrant of such special improvement district, or of interest thereon, so much of such moneys
as may be necessary to pay such loan shall, by order of the commission, be transferred to the special improvement district revolving fund, and after all the bonds and warrants issued on
any special improvement district have been fully paid, all moneys remaining in such special
improvement district fund shall, by order of the commission, be transferred to and become a
part of the special improvement district revolving fund.
(Prior code, § 2.36.040; Code ????, § 3.16.040)
3.16.050 Use of surplus in fund.
Whenever there is, in the special improvement district revolving fund, an amount in excess of
the amount which the commission deems necessary for the payment or redemption of
maturing bonds or warrants, or interest thereon, the commission may:
A. Transfer to General Fund. By a vote of all its members, at a meeting called for that
purpose, order such excess, or any part thereof, transferred to the general fund of the city; or
B. Purchase of Property for Delinquent Taxes. Use such excess, or any part thereof, for the
purpose of purchase of property at sales for delinquent taxes or assessments, or both, or
which may have been struck off or sold to the county for delinquent taxes or assessments, or
both, and against which property there then are any unpaid assessments for special
improvements on account whereof there are outstanding special improvement district bonds or warrants of the city; and
C. Disposition of Property. Sell any tax certificates issued on any such sale or sales. After
acquiring title to such property, the commission may lease such property or sell the same at
public or private sale and make conveyance thereof, or otherwise dispose thereof, as the
interest of the city may require; and all proceeds from such sale of tax certificates, or from
such leasing, sale or other disposition of the property, shall belong to and be paid into the special improvement district revolving fund, and be subject to transfer, in whole or in part, to
the general fund by the vote of all the members of the commission at a meeting called for that purpose, as hereinbefore provided.
(Prior code, § 2.36.050; Code ????, § 3.16.050)
3.16.060 Levy of tax--Method and effect.
The special tax to be levied, as herein provided in subsection B of Section 3.16.020, shall be in
addition to the tax for general, municipal and administrative purposes, and the levy shall be
made by the commission at the time and by the resolution passed and adopted by the
Page 106 of 924
commission as provided by Section 3.04.020.
(Prior code, § 2.36.060; Code ????, § 3.16.060)
3.16.070 Statutory authority for chapter provisions.50
This chapter is passed pursuant to the power and authority vested in the commission by Chapter 24, Laws of Montana, 21st Session, 1929, entitled:
"An Act Relating to Special Improvement Districts in Cities and Towns; Authorizing the
Creation, Maintenance and Use of a Special Improvement District Revolving Fund in any City
or Town for the Purpose of Securing Prompt Payment of Special Improvement District Bonds
and Warrants and Interest Thereon, and Requiring Levy of Taxes When Necessary for the
Financial Requirements of Such Fund,"
and the interpretation thereof by the Supreme Court of the state in the case of Stanley vs.
Jeffries, 86 Mont. 114.
(Prior code, § 2.36.070; Code ????, § 3.16.070)
Chapter 3.20
TAX INCREMENT FINANCING INDUSTRIAL DISTRICT PROGRAM*51
*State law reference—Urban Renewal Law, MCA 7-15-4201 et seq.
Sections:
3.20.010 Definitions.
3.20.020 Industrial development districts--Creation.
3.20.030 Costs which may be paid from tax increments.
3.20.040 Use of tax increments for bond payments. 3.20.050 Contents of ordinance.
3.20.060 Districts--Termination.
3.20.070 Administration.
3.20.010 Definitions.
The following words and phrases used in this chapter shall be defined as follows:
A. "Actual taxable value" means the taxable value of taxable property at any time, as
calculated from the assessment role last equalized.
B. "Base taxable value" means the actual taxable value of all taxable property within an
urban renewal area or industrial district prior to the effective date of a tax increment financing
provision. This value may be adjusted as provided in MCA 7-15-4287 or 7-15-4293.
50 Do you wish to retain this old cite or refer now to MCA 7-12-4221 et seq. The statute has been
amended several times since 1929. Do you feel that you need to codify the state law, or
just create the fund as authorized by the statute? 51 This chapter was derived from MCA 7-15-4201 et seq. The statute has been amended several
times since you adopted this in 1991. Do you feel that you need to duplicate the state law
language or just adopt by reference?
Page 107 of 924
C. "Incremental taxable value" means the amount, if any, by which the actual taxable
value at any time exceeds the base taxable value of all property within a tax increment
financing industrial district.
D. "Industrial district" means a tax increment financing industrial district created pursuant
to MCA 7-15-4299.
E. "Industrial infrastructure development project" means a project undertaken within or
for an industrial district that consists of any or all of the activities authorized by MCA 7-15-
4288.
F. "Tax increment" means the collections realized from extending the tax levies, expressed
in mills, of all taxing bodies in which the industrial district or a part thereof is located against the incremental taxable value.
G. "Tax increment provision" means a provision for the segregation and application of tax
increments as authorized by MCA 7-15-4282 through 7-15-4292.
H. "Taxes" means all taxes levied by a taxing body against property on an ad valorem
basis.
(Code ????, § 3.20.010; Ord. No. 1336, § 1, 1991)
3.20.020 Industrial development districts--Creation.
A. The city commission may, from time to time, create by ordinance a tax increment
financing industrial district following a public hearing on the proposed district. In order for land
to be included in the proposed district, it must:
1. Consist of a continuous area with an accurately described boundary;
2. Not be contained within the boundaries of another industrial district or an urban
renewal district with a tax increment provision;
3. Be zoned for light or heavy industrial use in accordance with the Bozeman area master
plan;
4. Be determined to be deficient in infrastructure improvements for industrial
development.
B. The industrial district must have as its purpose the development of infrastructure to
encourage the growth and retention of secondary, value-added industries.
C. Notice of the public hearing on the creation of a proposed industrial district shall be
given in accordance with the provisions of MCA 7-15-4215.
(Code ????, § 3.20.020; Ord. No. 1336, § 2, 1991)
3.20.30 Costs which may be paid from tax increments.
3.20.31
The tax increment received from an industrial district may be used to pay for the following
costs incurred for an industrial infrastructure development project (in that district):
A. Land acquisition;
Page 108 of 924
B. Demolition and removal of structures;
C. Relocation of occupants;
D. The acquisition, construction and improvement of infrastructure or industrial infrastructure, which includes streets, roads, curbs, gutters, sidewalks, pedestrian malls,
alleys, parking lots and off-street parking facilities, sewers, sewer lines, sewage treatment
facilities, storm sewers, waterlines, waterways, water treatment facilities, natural gas lines,
electrical lines, telecommunication lines, rail lines, rail spurs, bridges, publicly owned
buildings, and any public improvements authorized by MCA §§ 7-12-41 through 7-12-45, 7-
13-42, 7-13-43, and 7-14-47, and items of personal property to be used in connection with improvements for which the foregoing costs may be incurred;
E. Costs incurred in connection with the redevelopment activities allowed under MCA § 7-
15-4233;
F. Acquisition of infrastructure-deficient areas or portions thereof;
G. Administrative costs associated with the management of the industrial district;
H. Assemblage of land for development or redevelopment by private enterprises or public agencies including sale, initial leasing, or retention by the municipality itself at its fair value;
I. The compilation and analysis of pertinent information required to adequately determine
the infrastructure needs of secondary, value-adding industries in the industrial district;
J. The connection of the industrial district to existing infrastructure outside the industrial
district; and
K. The provision of direct assistance, through industrial infrastructure development
projects, to secondary, value-adding industries to assist in meeting their infrastructure and
land needs within the industrial district.
(Code ????, § 3.20.030; Ord. No. 1336, § 3, 1991)
3.20.040 Use of tax increments for bond payments.
The tax increments received may be pledged for the payment of the principal of premiums, if
any, and interest on bonds which the city may issue for the purpose of providing funds to pay
for costs accrued pursuant to Section 3.20.030.
(Code ????, § 3.20.040; Ord. No. 1336, § 4, 1991)
3.20.050 Contents of ordinance.
Each ordinance creating a tax increment financing industrial district shall:
A. Designate each tax increment financing district by number;
B. Set forth a legal description of and map showing the boundaries of the industrial
district;
Page 109 of 924
C. Include a plan that describes the tax increment industrial development project and
contains provisions for undertaking and implementing the project; and
D. Establish the base year for the calculation of tax increment within the industrial district.
(Code ????, § 3.20.050; Ord. No. 1336 § 5, 1991)
3.20.060 Districts--Termination.
A. Tax increment financing industrial districts will terminate upon the later of:
1. The fifteenth year following the creation of the industrial district; or
2. The payment or provision for payment in full or discharge of all bonds for which the tax
increment has been pledged and the interest thereon.
B. After termination of the tax increment financing provision, all taxes shall be levied upon
the actual taxable value of the taxable property in the industrial district and shall be paid into
funds of the taxing bodies levying taxes within the industrial district.
(Code ????, § 3.20.060; Ord. No. 1336 § 6, 1991)
3.20.070 Administration.
The tax increment financing program created in this chapter shall be administered by the
Bozeman city commission. The commission shall be advised on matters pertaining to the
program by the tax increment financial industrial district board created pursuant to Chapter
2.88.
(Code ????, § 3.20.070; Ord. No. 1336, § 7, 1991)
Chapter 3.24
IMPACT FEES*
*State law reference—Impact fees to fund capital improvements, MCA 7-6-1601 et seq.
Sections:
3.24.010 Legislative findings.
3.24.020 Authority and applicability. 3.24.030 Intent.
3.24.040 Definitions.
3.24.050 Street impact fees.
3.24.060 Fire protection impact fees.
3.24.070 Water impact fees.
3.24.080 Wastewater impact fees.
3.24.090 Refunds of development impact fees paid. 3.24.100 Credits against development impact fees.
3.24.110 Miscellaneous provisions.
3.24.010 Legislative findings.
The City Commission of the City of Bozeman, Montana finds that:
A. The protection of the health, safety, and general welfare of the citizens of the city
Page 110 of 924
requires that the street, fire protection, water, and wastewater systems of the city be
expanded and improved to accommodate continuing growth within the city and within those
areas directly served by its Fire Department and within those areas connected to its water and
wastewater systems.
B. New residential and nonresidential development imposes increased and excessive demands upon existing city facilities.
C. New development often overburdens existing public facilities, and the tax revenues
generated from new development often do not generate sufficient funds to provide public
facilities to serve the new development.
D. New development is expected to continue and will place ever-increasing demands on the city to provide public facilities to serve new development.
E. The creation of an equitable development impact fee system would enable the City to
impose a proportionate share of the costs of required improvements to the city's
transportation, fire protection, water, and wastewater systems on those developments that
create the need for them.
F. All types of development that are not explicitly exempted from the provisions of this
chapter will generate demand for city's transportation, fire protection, water, and wastewater
services or facilities that will require improvements to city facilities and equipment.
G. The city's transportation impact fee study, dated October 31, 2007, prepared by
Tindale-Oliver & Associates and as updated, and the fire/EMS impact fee study dated July
2008 and as updated, prepared by HDR Engineering, and water and wastewater impact fee studies dated July 2007, prepared by HDR Engineering, set forth reasonable methodologies
and analyses for determining the impacts of various types of development on the city's street, fire protection, water and wastewater systems and for determining the cost of acquiring land
and the cost of acquiring or constructing facilities and equipment necessary to meet the
demands for such services created by new development.
H. The City establishes as city standards the assumptions and service standards referenced in the impact fee studies and other duly adopted documents as part of its current
plans for the transportation system and for the city's fire protection, water, and wastewater systems.
I. The documentation required by MCA 7-6-1602, is collectively contained in the City's
facility plans, impact fee studies, development regulations, financial records, capital
improvements program, design and specification manual, and other city documents.
J. The development impact fees described in this chapter are reasonably related to the service demands and needs of new development and are based on the above-cited impact fee
studies and documentation and do not exceed the costs of acquiring additional land and the
costs of acquiring or constructing additional facilities or equipment required to serve the new
developments that will pay the fees.
K. All transportation improvements upon which the transportation impact fees are based
and upon which transportation impact fee revenues will be spent, based on the limitations set forth in this chapter will benefit all new development in the city; and it is, therefore,
appropriate to treat the entire city as a single service area for purposes of calculating,
collecting, and spending the transportation impact fees, while recognizing differences in the
Page 111 of 924
demand for service based upon the identified factors set forth in the transportation impact fee
study.
L. All of the fire protection improvements listed in the fire impact fee study will benefit all
new development that receives fire protection service directly from the City Fire Department;
and it is, therefore, appropriate to treat the entire city and all properties served directly by the City Fire Department as a single service area for purposes of calculating, collecting, and
spending the fire protection impact fees.
M. All of the water system improvements listed in the water impact fee study will benefit
all new development that connects to the city water system; and it is, therefore, appropriate to treat the entire city and all properties connected to the city water system as a single service
area for purposes of calculating, collecting, and spending the water impact fees.
N. All of the wastewater system improvements listed in the wastewater impact fee study
will benefit all new development that connects to the city wastewater system; and it is,
therefore, appropriate to treat the entire city and all properties connected to the city
wastewater system as a single service area for purposes of calculating, collecting, and
spending the wastewater impact fees.
O. There is both a rational nexus and a rough proportionality between the development
impacts created by each type of development covered by this chapter and the development
impact fees that such development will be required to pay.
P. The City's facility planning, capital improvement program, development review, and
bidding processes create a public process by which, on a specific and detailed basis, the
capacity expanding components of construction can be identified and funded distinctly from those components which are not capacity expanding by providing for evaluation by the City
and the Impact Fee Advisory Committee of future needs related to growth, identification of applicable funding sources, and monitoring of construction and payments.
Q. This chapter creates a system by which development impact fees paid by new
developments will be used to expand or improve the city transportation, fire protection, water,
and wastewater systems in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid.
R. This chapter creates a system under which development impact fees shall not be used
to cure existing deficiencies in public facilities or to pay maintenance or operations costs
associated with providing public facilities.
(Code ????, § 3.24.010; Ord. No. 1471, § 1, 1998: Ord. No. 1418, § 1, 1996; Ord. No. 1414, §
1, 1996; Ord. No. 1707, § 1(3.24.010), 8-6-2007; Ord. No. 1730, § 1(3.24.010), 1-14-2008;
Ord. No. 1746, § 1, 8-4-2008)
3.24.020 Authority and applicability. A. This chapter is enacted pursuant to the city's self-government powers, the authority
granted to the City by the Montana State Constitution, MCA 7-6-1601 through 7-6-1604, and
MCA 7-1-4123, 7-1-4124, 7-3-4313, 7-7-4404, 7-7-4424, 7-13-4304, and 69-7-101.
B. The provisions of this chapter shall apply to all of the territory within the limits of the
city.
Page 112 of 924
C. The provisions of this chapter related to the fire protection impact fees shall also apply
to all properties located outside the city that are served directly by the City Fire Department.
D. The provisions of this chapter related to water impact fees shall also apply to all
properties located outside the city that are connected to the city water system.
E. The provisions of this chapter related to wastewater impact fees shall also apply to all
properties located outside the city that are connected to the city wastewater system.
(Code ????, § 3.24.020; Ord. No. 1414, § 1, 1996; Ord. No. 1707, § 1(3.24.020), 8-6-2007;
Ord. No. 1730, § 1(3.24.020), 1-14-2008)
3.24.030 Intent.
A. This chapter is adopted to help implement the comprehensive plan of the city, the city's
2001 transportation plan update prepared by Robert Peccia & Associates, and as updated, the
September 2006 draft of the water facility plan prepared for the City by Allied Engineering and
Robert Peccia and Associates, and as updated, and the May 2006 draft of the wastewater
facility plan prepared for the City by HDR Engineering and Morrison-Maierlie, Inc., and as
updated, the August 2006 draft of the Fire Protection Master Plan prepared for the City by
Emergency Services Consulting, Inc, and as updated. B. The intent of this chapter is to ensure that new development bears a proportionate
share of the cost of improvements to the city transportation, fire protection, water, and wastewater systems; to ensure that such proportionate share does not exceed the cost of the
transportation, fire protection, water, and wastewater facilities and equipment required to
serve such new developments; and to ensure that funds collected from new developments are
actually used to construct improvements to the city transportation, fire protection, water, and
wastewater systems that reasonably relate to the benefits accruing to such new
developments.
C. It is the further intent of this chapter that new development pay for its proportionate
share of public facilities through the imposition of development impact fees that will be used to
finance, defray, or reimburse all or a portion of the costs incurred by the City to construct
improvements to the city transportation, fire protection, water, and wastewater systems that
serve or benefit such new development.
D. It is not the intent of this chapter to collect any money from any new development in excess of the actual amount necessary to offset new demands for transportation, fire
protection, water, or wastewater improvements generated by that new development.
E. It is not the intent of this chapter that any monies collected from any development
impact fee and deposited in an impact fee fund ever be co-mingled with monies from a different impact fee fund or ever be used for a type of facility or equipment different from that
for which the fee was paid.
(Code ????, § 3.24.030; Ord. No. 1471, § 2, 1998; Ord. No. 1414, § 1, 1996; Ord. No. 1707, §
1(3.24.030), 8-6-2007; Ord. No. 1730, § 1(3.24.030), 1-14-2008; Ord. No. 1746, § 2, 8-4-
2008)
3.24.040 Definitions.
A. "Central Business District" (CBD) means land uses established within the B-3, "Central Business District," zoning district.
Page 113 of 924
B. "Development" means any construction or expansion of a building, structure, or use,
any change in use of a building or structure, or any change in the use of land, which creates
additional demand for public services.
C. "Development impact fees" means the transportation impact fee, fire protection impact fee, water impact fee, and wastewater impact fee established by this chapter.
D. "Development Impact Fees Review Committee" means the committee composed of the
Impact Fee Coordinator, the Building Official, the Director of Public Service, the Fire Chief, and
the Director of Planning and Community Development, or their designees appointed to serve in the member's place at a meeting.
E. "Encumber" means to legally obligate by contract, or otherwise commit to use by
appropriation or other official act of the City.
F. "Impact Fee Capital Improvement Program" means the capital improvements program
for the transportation system, the city fire protection system, and the city water and
wastewater systems, which shall assign monies from each impact fee fund to specific projects
and related expenses for improvements to the type of facilities or services for which the fees in that fund were paid, and shall not include improvements needed to correct existing
deficiencies or operations or maintenance costs.
G. "Impact Fee Coordinator" means the Director of the City's Department of Planning and
Community Development or the Director's designee.
H. "Impact fee funds" means the transportation impact fee fund, fire protection impact fee fund, water impact fee fund, and wastewater impact fee fund established by this chapter.
I. "Impact fee studies" means the transportation impact fee study, dated October 31,
2007, prepared by Tindale-Oliver & Associates and as updated, and the fire impact fee study,
dated October 1995 and as updated, prepared by James Duncan and Associates, and the
water and wastewater impact fee studies dated May 2007, prepared by HDR Engineering.
J. "Improvement" means planning, land acquisition, engineering design, construction
inspection, on-site construction, off-site construction, equipment purchases, and financing costs associated with new or expanded facilities, buildings, and equipment that expand the
capacity of a facility or service system and that have an average useful life of at least ten
years. "Improvement" does not include maintenance, operations, or improvements that do not
expand capacity.
K. "Independent fee calculation study" means a study prepared by an applicant for a
building permit or water or wastewater connection permit calculating the cost of expansions or improvements to the city's transportation, fire protection, water, or wastewater systems
required to serve the applicant's proposed development; that is performed on an average cost
(not marginal cost) methodology; uses the service units and unit construction costs stated in
the impact fee studies; and is performed in compliance with any criteria for such studies
established by this chapter or by the City.
L. "Initiation of construction" means the date of the preconstruction meeting with the City Engineer or his/her designee, or the date of the first visible change in the physical condition of
the improved site caused by the first person furnishing services or materials to effect
construction of the improvement, whichever occurs first.
Page 114 of 924
M. "Project-related improvements" means site-related improvements including, without
limitation, all access streets adjacent to the proposed development or leading only to the
proposed development and not included on the transportation system; all streets and
driveways within the development; all acceleration, deceleration, right, or left turn lanes
leading to any streets and driveways within the development; all traffic control devices for streets and driveways within the development; all water lines or facilities adjacent to, leading
to, or located within the development and serving only the development; all wastewater lines
or facilities adjacent to, leading to, or located within and serving only the development; and all
off-site improvements necessary for the safety and code compliance of a development. Credit
for incidental improvements shall not be allowed. The presumption shall be made that the minimum improvement needed to serve a project shall be deemed to be a project
improvement even if additional capacity is thereby created that may be potentially used by other developments presently or in the future.
N. "Transportation system" means capacity-adding improvements to collectors or arterial
roads of three lanes or more, which are included on the 2001 Greater Bozeman Transportation
Plan Update or the City's impact fee capital improvement program, and which will benefit new
development as required by law and this chapter. The transportation system includes only
those bicycle and pedestrian facilities built in conjunction with and included in a capacity-adding transportation facility improvement otherwise eligible for impact fee funding pursuant
to the terms of this chapter. The "transportation system" does not include project-related
improvements.
O. "Trip Exchange District" means a defined geographic area that meets the following
criteria, pursuant to the transportation fee study and an independent fee calculation study as
provided in section 3.24.050(B)(3), BMC:
1. The use of shared and consolidated parking;
2. A high degree of pedestrian and bicycle access to and throughout the proposed
development;
3. The availability of public transit;
4. Extensive trip capture within the proposed development where trips to the proposed development result in visits to multiple businesses in the area via a mode other than
automobile;
The following additional physical development characteristics are associated with trip exchange
district land uses:
1. The majority of buildings associated with the proposed development are multi-story building, often more than two stories;
2. Diverse business proprietorships within the development;
3. Primary use at the ground floor is commercial;
4. The majority of individual businesses within the development are less than 20,000 square feet;
5. Structures within the development are in near to each other and the public street (with
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small or no setbacks);
6. Having a high percentage building coverage on the lot and typically in excess of 0.5;
and
7. The physical characteristics are shared among the entire business area, not just one or a few of the businesses.
8. The area should be at least 50% developed as measured by lot area utilized.
9. The area is the subject of a city enforceable common plan of development, such as an urban renewal plan.
(Code ????, § 3.24.040; Ord. No. 1471, § 3, 1998; Ord. No. 1418, § 2, 1996; Ord. No. 1414 §
1, 1996; Ord. No. 1707, § 1(3.24.040), 8-6-2007; Ord. No. 1730, § 1(3.24.040), 1-14-2008)
3.24.050 Street impact fees.
A. Imposition of Transportation Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain any of the following forms of development approval is required to pay a transportation impact fee in the amount specified
in Table 3.24.050:
a. A building permit;
b. Any other permit that will result in the construction of improvements that will generate
additional traffic; or
c. Any extension of any such permit that was issued before the effective date of this chapter; or
d. Any delayed payment of impact fees as specified and approved by the City Commission
in accordance with the BMC Title 17, Chapter 2 for Workforce Housing Lots.
2. Notwithstanding the above subsection, no impact fee shall be imposed earlier than the
issuance of a building permit for developments requiring a building permit.
3. No permits of the types described in Subsection A(1) of this section shall be issued until
the transportation impact fee described in this chapter has been paid, unless the development
for which the permit is sought is exempted by Subsection F of this section.
B. Computation of Amount of Transportation Impact Fee
1. An applicant required by this chapter to pay a transportation impact fee may choose to
have the amount of such fee determined pursuant to either Subsection (B)(2) or (B)(3) of this
section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) shall
be subject to the following adjustment:
a. For the first expansion of an existing nonresidential building, the amount calculated
shall not include the amount calculated for the expansion of up to thirty percent as compared with its size on February 22, 1996, or two thousand square feet, whichever is less.
Page 116 of 924
b. The transportation impact fees adopted are those shown in Table 3.24.050, BMC and as
updated as provided for in this Chapter.
1. Beginning on February 16, 2008 the amount of the fee collected shall be sixty percent
(60%) of the amount calculated.
2. Unless an applicant requests that the City determine the amount of such fee pursuant
to Subsection (B)(3) of this section, the City shall determine the amount of the required
transportation impact fee by reference to Table 3.24.050. The fee amounts set forth in such
table include credits for expected future receipts of state and federal highway funds and
expected future receipts of gas tax revenues, and all other non-impact fee sources of funding anticipated to be made by or as a result of new development to be applied to the
transportation improvements required to serve new development.
a. If the applicant's development is of a type not listed in Table 3.24.050, then the City
shall use the fee applicable to the most nearly comparable type or land use in the table. In
making a decision about which use is most nearly comparable, the City shall be guided by the
most recent edition of "Trip Generation: An Information Report" prepared by the Institute of
Transportation Engineers; or if such publication is no longer available, then by a similar
publication. If the City determines that there is no comparable type of land use listed in the table, then a new fee shall be determined by:
1. Finding the most nearly comparable trip generation rate from the above publication;
and
2. Applying the formula set forth in Subsection (B)(3)(d) of this section.
b. If the applicant's development includes a mix of those uses listed in Table 3.24.050,
then the fee shall be determined by adding up the fees that would be payable for each use if it were a freestanding use pursuant to Table 3.24.050.
c. If the applicant is applying for an extension of a permit issued previously, then the fee
shall be the net increase between the fee applicable at the time of the current permit
application and any transportation impact fee previously paid pursuant to this chapter for the same structure. In the event that the fee applicable at the time of the current permit
application is lower than the transportation impact fee previously paid pursuant to this chapter for the same structure, there shall be no refund of transportation impact fees previously paid.
d. If the applicant is applying for a permit to allow a change of use or the expansion,
redevelopment, or modification of an existing development, the fee shall be based on the net
positive increase in the fee for the new use as compared to the previous use. However, no new fee shall be imposed unless an additional unit of service demand is created, in accordance with
Table 3.24.50. If necessary to determine such net increase, the City shall be guided by the most recent edition of "Trip Generation: An Information Report" prepared by the Institute of
Transportation Engineers; or if such publication is no longer available, then by a similar
publication. In the event that the proposed change of use, expansion, redevelopment, or
modification results in a net decrease in the fee for the new use or development as compared
to the previous use or development, there shall be no refund of transportation impact fees
previously paid.
3. An applicant may request that the City determine the amount of the required
transportation impact fee by reference to an independent fee calculation study for the
applicant's development prepared by qualified professional traffic engineers and/or economists
Page 117 of 924
at the applicant's cost and submitted to the City Engineer. Any such study must show the
traffic engineering and economic methodologies and assumptions used, including, but not
limited to, those forms of documentation listed in Subsections (B)(3)(a) and (B)(3)(b) of this
section and must be acceptable to the City pursuant to Subsection (B)(3)(c) of this section.
a. Traffic engineering studies must include documentation of trip generation rates, trip lengths, any percentage of trips from the site that represent net additions to current trips from
the site, the percentage of trips that are new trips as opposed to pass-by or divert-link trips,
and any other trip data for the proposed land use.
b. Economic studies must include documentation of any special factors that the applicant believes will reduce the traffic volumes otherwise attributable to the proposed land use.
c. The City shall consider all such documentation and any independent fee calculation
study submitted by the applicant, but shall not be required to accept any such study or
documentation that the City deems to be inaccurate or unreliable and may request that the
applicant submit additional or different documentation for consideration. Any independent fee
calculation study submitted by an applicant may be accepted, rejected, or accepted with
modifications by the City as the basis for calculating transportation impact fees.
d. Upon acceptance, or acceptance with modifications, of an independent fee calculation
study and documentation, the City shall use the following formulas to determine the
transportation impact fee:
Net Impact Fee = Total Impact Cost - Gas Tax Credit - Ad Valorem Credit
Where:
Total Impact Cost = ((Trip Rate × Assessable Trip Length × % New Trips) / 2) × (1 -
Interstate Adj. Factor) × (Cost per Lane Mile/Avg. Capacity Added per Lane Mile)
Total Gas Tax Credit = Present Value (Annual Gas Tax Credit), given 4.6% interest rate
& 25-year facility life
Annual Gas Tax Credit = (((Trip Rate × Total Trip Length × % New Trips) / 2) ×
Effective Days per Year × $(Gallon to Capital)/Fuel Efficiency
And where:
Trip Rate = the average daily trip generation rate, in vehicle-trips/day
Assessable Trip Length = the actual average trip length for the category, in vehicle miles
Total Trip Length = the assessable trip length plus an adjustment factor of half a mile is
added to the trip length to account for the fact that gas taxes are collected for travel on all roads including local roads
% New Trips = adjustment factor to account for trips that are already on the roadway
Divide by 2 = The total daily miles of travel generated by a particular category (i.e., rate X length X% new trips) is divided by two to prevent the double-counting of travel generated
Page 118 of 924
among land use codes since every trip has an origin and a destination.
Interstate Adjustment Factor = adjustment factor to account for the travel demand occurring
on interstate highways (15.0%)
Cost per Lane Mile = unit cost to construct one lane mile of roadway, in $/lane mile ($3,678,522 per study and will be subject to inflationary adjustments)
Average Capacity Added per Lane Mile = represents the average daily traffic on one travel lane
at capacity for one lane mile of roadway, in vehicles/lane-mile/day (8,658 per study)
Cost per Vehicle Mile of Capacity = unit cost to construct to provide a vehicle mile of capacity
($472.92 per study)
Present Value = calculation of the present value of a uniform series of cash flows, gas tax
payments in this case, given an interest rate, "i," and a number of periods, "n;" for 4.6%
interest and a 25-year facility life, the uniform series present worth factor is 14.6768
Effective Days per Year = 365 days
$/Gallon to Capital = the amount of gas tax revenue per gallon of fuel that is used for capital
improvements, in $/gallon ($0.102)
Fuel Efficiency = average fuel efficiency of vehicles, in vehicle-miles/gallon (17.70)
C. Payment of Transportation Impact Fee
1. An applicant for any of the permits or extensions listed in Subsection (A)(1) of this
section shall pay the transportation impact fee required by this chapter to the City prior to the issuance of any such permit.
2. All funds paid by an applicant pursuant to this chapter shall be identified as
transportation impact fees and shall be promptly deposited in the transportation impact fee
fund described in Subsection D of this section.
D. Transportation Impact Fee Funds
1. A single transportation impact fee fund is created and such fund shall be maintained in
an interest bearing account.
2. Such fund shall contain only those transportation impact fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts.
E. Use of Transportation Impact Fee Funds. The monies in the transportation impact fee
fund shall be used only as follows:
1. To acquire land for and/or acquire or construct capacity-adding capital improvements to
the transportation system reasonably related to the benefits accruing to new development
subject to the terms of this chapter, in accordance with the requirements of Montana law; or
2. To pay debt service on such capital improvements to the transportation system; or
3. For purposes of refunds or credits, as described in Sections 3.24.090 or 3.24.100(G));
Page 119 of 924
and
4. May not be used for
a. operations or maintenance purposes;
b. to correct existing deficiencies; or
c. for bicycle or pedestrian facilities not built in conjunction with and included in a
capacity-adding transportation system facility, otherwise eligible for impact fee funding.
F. Exemptions from Transportation Impact Fee
1. The following types of development shall be exempted from payment of the
transportation impact fee:
a. Alterations, remodeling, rehabilitations, expansions of existing buildings, or other
improvements to an existing structure where no additional vehicle trips will be produced over
and above those produced by the existing use;
b. Construction of accessory buildings or structures that will not produce additional vehicle
trips over and above those produced by the primary building or land use;
c. The replacement of a destroyed or partially destroyed building or structure with a new
building or structure of the same size and use where no additional vehicle trips will be
produced over and above those produced by the original building or structure;
d. The installation or replacement of a mobile home on a lot or a mobile home site when a
transportation impact fee for such lot or site has previously been paid pursuant to this chapter or where a mobile home legally existed on such site on or prior to the effective date of this
chapter;
e. Any other type of development for which the applicant can demonstrate that the
proposed land use and development will produce no more vehicle trips from such site over and above the trips from such site prior to the proposed development, or for which the applicant
can show that a transportation impact fee for such site has previously been paid in an amount that equals or exceeds the transportation impact fee that would be required by this chapter for
such development.
2. Any such claim for exemption must be made no later than the time when the applicant
applies for the first permit or a type listed in Subsection (A)(1) of this section for the proposed development, and any claim for exemption not made at or before that time shall have been
waived.
3. The City Manager or his designee shall determine the validity of any claim for
exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
TABLE 3.24.050
The following transportation impact fees apply to developments not located in the Central Business District or a designated Trip Exchange District.
ITE LUC Land Use Unit Fee*
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RESIDENTIAL:
210 Single Family (Detached)
Less than 1,500 sf and very low income(2) du $2,171
Less than 1,500 sf and low income (3) du $3,147
Less than 1,500 sf du $3,968
1,500 to 2,499 sf du $5,396
2,500 sf or larger du $6,082
220 Apartments du $3,339
230 Residential Condominium/Townhouse du $2,946
240 Mobile Home Park du $1,593
LODGING:
310 Hotel room $3,063
320 Motel room $1,678
RECREATION:
430 Golf Course hole $12,295
411 City Park acre $546
444 Movie Theaters 1,000
sf
$6,463
INSTITUTIONS:
610 Hospital 1,000
sf
$6,023
620 Nursing Home bed $381
520 Elementary School student $315
530 High School student $477
540 University (7,500 or fewer students) (4) student $609
550 University (more than 7,500 students) (4) student $529
560 Church/Synagogue 1,000
sf
$2,428
565 Day Care 1,000
sf
$7,433
OFFICE:
710 50,000 sf or less 1,000
sf
$3,977
710 50,001-100,000 sf 1,000
sf
$3,623
710 100,001-200,000 sf 1,000
sf
$3,084
710 greater than 200,000 1,000
sf
$2,460
720 Medical Office 1,000
sf
$9,584
RETAIL:
820 under 50,000 sf 1,000
sf
$9,378
820 50,000-99,000 sf 1,000
sf
$9,587
820 100,000-199,000 sf 1,000
sf
$9,331
820 200,000-299,000 sf 1,000
sf
$8,567
820 greater than 300,000 sf 1,000 $8,144
Page 121 of 924
sf
812 Building Material/Lumber 1,000 sf $21,209
813 Discount Super-Store 1,000
sf
$26,996
817 Nursery/Garden Center 1,000
sf
$18,903
851 Convenience Store 1,000
sf
$44,607
931 Quality Restaurant 1,000 sf $22,036
934 Fast Food Rest w/Drive-Thru 1,000
sf
$61,225
841 New/Used Auto Sales 1,000
sf
$12,033
890 Furniture Store 1,000 sf $1,684
912 Bank/Savings Drive-in 1,000
sf
$31,706
INDUSTRY:
110 General Light Industrial 1,000
sf
$2,290
140 Manufacturing 1,000
sf
$1,250
150 Warehouse 1,000
sf
$1,627
151 Mini-Warehouse 1,000
sf
$810
(1) Source: Transportation Impact Fee Study, Appendix F, Table F-1
(2) Defined as 50% of city median income based on 2007 Gallatin County Average Median
Income (AMI)
(3) Defined as 80% of city median income based on 2007 Gallatin County Average Median Income (AMI)
(4) Impact fee to be assessed on structures with classroom facilities. All auxiliary structures
such as administrative buildings and research centers are to be charged at the office land use
rate.
The following transportation impact fees apply to developments located in the Central Business District or within a designated Trip Exchange District.
ITE LUC Land Use Unit Fee*
RESIDENTIAL:
210 Single Family (Detached)
Less than 1,500 sf and very low
income(2)
du $2,171
Less than 1,500 sf and low income (3) du $3,147
Less than 1,500 sf du $3,968
1,500 to 2,499 sf du $5,396
Page 122 of 924
2,500 sf or larger du $6,082
220 Apartments du $3,339
230 Residential Condominium/Townhouse du $2,946
240 Mobile Home Park du $1,593
LODGING:
310 Hotel room $2,835
320 Motel room $1,333
RECREATION:
430 Golf Course hole $4,333
411 City Park acre $182
444 Movie Theaters 1,000
sf
$2,333
INSTITUTIONS:
610 Hospital 1,000
sf
$6,023
620 Nursing Home bed $381
520 Elementary School student $315
530 High School student $477
540 University (7,500 or fewer students) (4) student $609
550 University (more than 7,500 students)
(4)
student $529
560 Church/Synagogue 1,000
sf
$2,428
565 Day Care 1,000
sf
$7,433
OFFICE:
710 50,000 sf or less 1,000 sf $3,187
710 50,001-100,000 sf 1,000
sf
$2,911
710 100,001-200,000 sf 1,000
sf
$2,475
710 greater than 200,000 1,000
sf
$1,974
720 Medical Office 1,000 sf $9,584
RETAIL:
820 under 50,000 sf 1,000
sf
$5,284
820 50,000-99,000 sf 1,000
sf
$5,452
820 100,000-199,000 sf 1,000
sf
$5,182
820 200,000-299,000 sf 1,000 sf $5,115
820 greater than 300,000 sf 1,000
sf
$4,999
812 Building Material/Lumber 1,000
sf
$21,209
813 Discount Super-Store 1,000
sf
$26,996
Page 123 of 924
817 Nursery/Garden Center 1,000
sf
$18,903
851 Convenience Store 1,000
sf
$44,607
931 Quality Restaurant 1,000
sf
$6,009
934 Fast Food Rest w/Drive-Thru 1,000 sf $22,164
841 New/Used Auto Sales 1,000
sf
$12,033
890 Furniture Store 1,000
sf
$1,684
912 Bank/Savings Drive-in 1,000
sf
$24,133
INDUSTRY:
110 General Light Industrial 1,000 sf $2,290
140 Manufacturing 1,000
sf
$1,250
150 Warehouse 1,000
sf
$1,627
151 Mini-Warehouse 1,000
sf
$810
(1) Source: Transportation Impact Fee Study, Appendix F, Table F-2
(2) Defined as 50% of city median income based on 2007 Gallatin County Average Median
Income (AMI)
(3) Defined as 80% of city median income based on 2007 Gallatin County Average Median
Income (AMI)
(4) Impact fee to be assessed on structures with classroom facilities. All auxiliary structures such as administrative buildings and research centers are to be charged at the office land use
rate.
*Compiler's Note: The Transportation Impact Fees listed in this formula shall be adjusted
annually as per 3.24.110.K.
(Code ????, § 3.24.050; Ord. No. 1471, § 4, 1998; Ord. No. 1464, § 1, 1998; Ord. No. 1418, §
3, 1996; Ord. No. 1414 § 1, 1996; Ord. No. 1633, § 1, 4-18-2005; Ord. No. 1707, §
1(3.24.050), 8-6-2007; Ord. No. 1711, § 2, 8-6-2007; Ord. No. 1730, § 1(3.24.050), 1-14-
2008)
3.24.060 Fire protection impact fees.
A. Imposition of Fire Protection Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain:
a. A building permit; or
Page 124 of 924
b. Any other permit that will result in construction that will generate demand for fire
protection services; or
c. Any extension of any such permit that was issued before the effective date of this
chapter, is required to pay a fire protection impact fee in the amount specified in this chapter;
or
d. Any delayed payment of impact fees as specified and approved by the City Commission
in accordance with the BMC Title 17, Chapter 2 for Workforce Housing Lots.
2. No permits of the types described in Subsection (A)(1) of this section shall be issued until the fire protection impact fee described in this chapter has been paid, unless the
development for which the permit is sought is exempted by Subsection F of this section.
B. Computation of Amount of Fire Protection Impact Fee
1. An applicant required by this chapter to pay a fire protection impact fee may choose to
have the amount of such fee determined pursuant to either Subsection (B)(2) or (B)(3) of this
section. The amount of the fee calculated pursuant to either Subsection (B)(2) or (B)(3) of this
section shall be subject to the following adjustment:
a. For the first expansion of an existing nonresidential building, the amount calculated
shall not include the amount calculated for the expansion of up to thirty percent as compared
with its size on February 22, 1996, or two thousand square feet, whichever is less.
2. Unless an applicant requests that the City determine the amount of such fee pursuant
to Subsection (B)(3) of this section, the City shall determine the amount of the required fire protection impact fee by reference to Table 3.24.060.
a. If the type of development that a permit is applied for is not listed in Table 3.24.060,
then the City shall use the fee applicable to the most nearly comparable type or land use in
the table.
b. If the type of development that a permit is applied for includes a mix of those uses listed in Table 3.24.060, then the fee shall be determined by adding up the fees that would be
payable for each use if it were a freestanding use pursuant to Table 3.24.060.
c. If the applicant is applying for an extension of a permit issued previously, then the fee
shall be the net increase between the fee applicable at the time of the current permit
application and any fire protection impact fee previously paid pursuant to this chapter for the
same structure. In the event that the fee applicable at the time of the current permit application is lower than the fire protection impact fee previously paid pursuant to this chapter
for the same structure, there shall be no refund of fire protection impact fees previously paid.
d. If the applicant is applying for a permit to allow a change of use or for the expansion,
redevelopment, or modification of an existing development, the fee shall be based on the net
increase in the fee for the new use as compared to the previous use. In the event that the
proposed change of use, expansion, redevelopment, or modification results in a net decrease
in the fee for the new use or development as compared to the previous use or development,
there shall be no refund of fire protection impact fees previously paid.
3. An applicant may request that the City determine the amount of the required fire
protection impact fee by reference to an independent fee calculation study for the applicant's
Page 125 of 924
development prepared at the applicant's cost by qualified professional fire protection experts
and/or economists and submitted to the City Fire Chief. Any such study shall be based on the
same service standards and unit costs for fire protection used in the fire impact fee study
prepared by HDR Engineering dated July 2008 and as updated, and must document the
economic methodologies and assumptions used. Any independent fee calculation study
submitted by an applicant may be accepted, rejected, or accepted with modifications by the City as the basis for calculating fire protection impact fees. If such study is accepted or
accepted with modifications as a more accurate measure of the demand for new fire protection
facilities and equipment created by the applicant's proposed development than the applicable
fee shown in Table 3.24.060, then the fire protection impact fee due under this chapter may
be calculated according to such study.
C. Payment of Fire Protection Impact Fees
1. An applicant required by this chapter to pay a fire protection impact fee shall pay such
fee to the City prior to the issuance of any of the permits listed in Subsection (A)(1) of this
section.
2. All funds paid by an applicant pursuant to this chapter shall be identified as fire
protection impact fees and shall be promptly deposited in the fire protection impact fee fund described in Subsection D of this section.
D. Fire Protection Impact Fee Funds
1. A single fire protection impact fee fund is created and such fund shall be maintained in
an interest bearing account.
2. Such fund shall contain only those fire protection impact fees collected pursuant to this
chapter and any interest which may accrue from time to time on such amounts.
E. Use of Fire Protection Impact Fee Funds. The monies in the fire protection impact fee
fund shall be used only:
1 To acquire or construct fire protection improvements within the city; or
2 To pay debt service on any portion of any future general obligation bond issue or revenue bond issue used to finance the acquisition or construction of fire protection
improvements within the city; or
3 As described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Fire Protection Impact Fee
1. The following types of development shall be exempted from payment of the fire
protection impact fee:
a. Reconstruction, expansion, or replacement of a previously existing residential unit that
does not create any additional residential units.
b. Construction of unoccupied accessory units related to a residential unit.
c. Projects that the applicant can demonstrate will produce no greater demand for fire
protection from such land than existed prior to issuance of such permit.
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d. Projects for which a fire protection impact fee has previously been paid in an amount
that equals or exceeds the fire protection impact fee that would be required by this chapter.
2. Any such claim for exemption must be made no later than the time when the applicant
applies for the first permit of a type listed in Subsection (A)(1) of this section for the proposed development, and any claim for exemption not made at or before that time shall have been
waived.
3. The City Manager or his designee shall determine the validity of any claim for
exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
Table 3.24.060
Fire/EMS Impact Fee Schedule
Type of Development Impact Fee*
Detached residential per dwelling unit $780.20
Attached residential, per dwelling unit $655.92
Commercial/Industrial/Institutional
per 1,000 gross sq. ft. of building
space
$178.84
*Compiler's Note: The Fire Protection Impact Fees listed in this formula shall be adjusted
annually as per 3.24.110.K.
(Code ????, § 3.24.060; Ord. No. 1471, § 5, 1998: Ord. No. 1464, § 2, 1998; Ord. No. 1418, §
4, 1996; Ord. No. 1414, § 1, 1996; Ord. No. 1633, § 2, 4-18-2005; Ord. No. 1707, §
1(3.24.060), 8-6-2007; Ord. No. 1711, § 2, 8-6-2007; Ord. No. 1711, § 3, 8-6-2007; Ord. No.
1730, § 1(3.24.060), 1-14-2008; Ord. No. 1746, § 3, 8-4-2008)
3.24.070 Water impact fees.
A. Imposition of Water Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for connection to
the city water system, or who is subject to subsection (B)(2)(b) and applies for a city permit
to expand or add to the structure served by a previously approved water connection, or any extension of such a permit issued before the effective date of this chapter, is required to pay a
water impact fee in the amount specified in this chapter; or
2. Any delayed payment of impact fees as specified and approved by the City Commission
in accordance with the BMC Title 17, Chapter 2 for Workforce Housing Lots.
3. No permits for connection to the city water system shall be issued until the water impact fee described in this chapter has been paid, unless the development for which the
permit is sought is exempted by Subsection F of this section.
B. Computation of Amount of Water Impact Fee
1. The City shall determine the amount of the required water impact fee by reference to
Table 3.24.070 unless the applicant chooses to submit an individualized calculation pursuant to subsection (B)(2)(a) or the City determines the application to be subject to subsection
(B)(2)(b). If the applicant is applying for a replacement for a water connection permit issued
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previously, then the fee shall be the net positive difference between the fee applicable at the
time of the current permit application and any water impact fee previously paid pursuant to
this chapter for the same structure. In the event that the fee applicable at the time of the
replacement permit application is lower than the water impact fee previously paid pursuant to
this chapter for the same structure, there shall be no refund of water impact fees previously
paid.
3. Individualized Calculations.
a. An applicant may request that the City determine the amount of the required water
impact fee by reference to an independent fee calculation study for the applicant's development prepared at the applicant's cost by a professional engineer and/or economist and
submitted to the City Public Service Director. Any such study shall be based on the same service standards and unit costs used in the water impact fee study prepared by HDR
Engineering dated May 2007, and as updated, and must document the economic
methodologies and assumptions used. Any independent fee calculation study submitted by an
applicant may be accepted, rejected, or accepted with modifications by the City as the basis
for calculating water impact fees. If such study is accepted, or accepted with modifications, as
a more accurate measure of the demand for new water facilities created by the applicant's
proposed development than the applicable fee shown in Table 3.24.070, then the water impact fee due under this chapter may be calculated according to such study.
b. The City may identify a user as having extraordinary demands for water service which
are not accurately represented by the average usage which was relied upon by the
methodology which generated Table 3.24.070. In this circumstance the City shall prepare a
customized calculation based upon the Large Meter calculation methodology in Exhibit 6 of the
Water Impact Fee study. The impact fee paid for water meters larger than 3 inches as of the effective date of this ordinance may be adjusted based on actual usage. If usage is greater
than 110% of anticipated volume during the 12 month period of time beginning 6 months after building occupancy is granted by the City, an additional impact fee may be charged,
using the same techniques for calculating peak day and storage EDUs and multiplying by the
peak day impact fee cost per EDU and the storage impact fee cost per EDU then in effect. The
additional impact fee is the positive net between a previously calculated impact fee and the
impact fee based upon the metered demand.
C. Payment of Water Impact Fee
1. An applicant required by this chapter to pay a water impact fee shall pay such fee to
the City prior to the issuance of a water connection permit.
2. All funds paid by an applicant pursuant to this chapter shall be identified as water impact fees and shall be promptly deposited in the water impact fee fund described in
Subsection D of this section.
D. Water Impact Fee Funds
1. A single water impact fee fund is created and such fund shall be maintained in an
interest bearing account.
2. Such fund shall contain only those water impact fees collected pursuant to this chapter and any interest which may accrue from time to time on such amounts.
E. Use of Water Impact Fee Funds. The monies in the water impact fee fund shall be used
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only:
1. To acquire or construct improvements to the city water system; or
2. To pay debt service on any portion of any future general obligation bond issue or
revenue bond issue used to finance improvements to the city water system; or
3. As described in Sections 3.24.090 or 3.24.100(G).
F. Exemptions from Water Impact Fees
1. The following types of development shall be exempted from payment of the water
impact fee:
a. Alteration or expansion of an existing building that does not require an additional or
larger water meter;
b. Replacement of a building or structure of the same size that does not require an
additional or larger water meter;
c. The location of mobile home on a site for which a water impact fee was previously paid,
and that does not require an additional or larger water meter.
2. The installation of fire lines for fire protection shall be exempted from payment of the
water impact fee.
3. Any such claim for exemption must be made no later than the time when the applicant applies for the first permit of a type listed in Subsection (A)(1) of this section for the proposed
development, and any claim for exemption not made at or before that time shall have been waived.
4. The City Manager or his designee shall determine the validity of any claims for
exemption pursuant to the criteria set forth in Subsections (F)(1) and (F)(2) of this section.
Table 3.24.070
WATER IMPACT FEE SCHEDULE*
SIZE OF WATER METER COST PER METER
3/4 inch $3,310
1 inch $8,275
1 1/2 inch $16,550
2 inch $26,480
3 inch $52,960
Larger than 3 inch calculated
*Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per 3.24.110.K.
(Code ????, § 3.24.710; Ord. No. 1471, § 7, 1998: Ord. No. 1464, § 3, 1998; Ord. No. 1418, §
5, 1996; Ord. No. 1414, § 1, 1996; Ord. No. 1633, § 3, 4-18-2005; Ord. No. 1707, §
1(3.24.070), 8-6-2007; Ord. No. 1711, § 4, 8-6-2007; Ord. No. 1730, § 1(3.24.070), 1-14-
2008)
Page 129 of 924
3.24.080 Wastewater impact fees.
A. Imposition of Wastewater Impact Fees
1. On or after March 23, 1996, any person who seeks to obtain a permit for connection to the city wastewater system, or who is subject to subsection (B)(2)(b) and applies for a city
permit to expand or add to the structure served by a previously approved water connection, or
any extension of such a permit issued before the effective date of this chapter is required to
pay a wastewater impact fee in the amount specified in this chapter; or
2. Any delayed payment of impact fees as specified and approved by the City Commission
in accordance with the BMC Title 17, Chapter 2 for Workforce Housing Lots.
3. No permits for connection to the city water system shall be issued until the water
impact fee described in this chapter has been paid, unless the development for which the
permit is sought is exempted by Subsection F of this section.
B. Computation of Amount of Wastewater Impact Fee
1. The City shall determine the amount of the required wastewater impact fee by
reference to Table 3.24.080 070 unless the applicant chooses to submit an individualized
calculation pursuant to subsection (B)(2)(a) or the City determines the application to be
subject to subsection (B)(2)(b). If the applicant is applying for a replacement for a wastewater
connection permit issued previously, then the fee shall be the net positive difference between
the fee applicable at the time of the current permit application and any wastewater impact fee
previously paid pursuant to this chapter for the same structure. In the event that the fee applicable at the time of the replacement permit application is lower than the wastewater
impact fee previously paid pursuant to this chapter for the same structure, there shall be no refund of wastewater impact fees previously paid.
2. Individualized Calculations.
a. An applicant may request that the City determine the amount of the required wastewater impact fee by reference to an independent fee calculation study for the applicant's
development prepared at the applicant's cost by a professional engineer and/or economist and submitted to the City Public Service Director. Any such study shall be based on the same
service standards and unit costs used in the wastewater impact fee study prepared by HDR
Engineering dated May 2007, and as updated, and must document the economic
methodologies and assumptions used. Any independent fee calculation study submitted by an
applicant may be accepted, rejected, or modified by the City as the basis for calculating wastewater impact fees. If such study is accepted or accepted with modifications as a more
accurate measure of the demand for new wastewater facilities created by the applicant's proposed development than the applicable fee shown in Table 3.24.080, then the wastewater
impact fees due under this chapter shall be calculated according to such study.
b. The City may identify a user as having extraordinary demands for wastewater service
which are not accurately represented by the average usage which was relied upon by the
methodology which generated Table 3.24.080. In this circumstance the City shall prepare a
customized calculation based upon the methodology in the Water Impact Fee study. When applicable an adjustment for high strength discharge will be applied. The impact fee paid for
water meters larger than 3 inches as of the effective date of this ordinance may be adjusted
based on actual usage. If usage is greater than 110% of anticipated volume during the 12
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month period of time beginning 6 months after building occupancy is granted by the City, an
additional impact fee may be charged, using the same techniques for calculating treatment
and collection in EDUs and multiplying by the impact fee cost per EDU. The additional impact
fee is the positive net between a previously calculated impact fee and the impact fee based
upon the metered demand.
C. Payment of Wastewater Impact Fee
1. An applicant required by this chapter to pay a wastewater impact fee shall pay such fee
to the City prior to the issuance of a wastewater connection permit.
2. All funds paid by an applicant paid pursuant to this chapter shall be identified as
wastewater impact fees and shall be promptly deposited in the wastewater impact fee fund described in Subsection D of this section.
D. Wastewater Impact Fee Funds
1. A single wastewater impact fee fund is created and such fund shall be maintained in an
interest bearing account.
2. Such fund shall contain only those wastewater impact fees collected pursuant to this
chapter and any interest which may accrue from time to time on such amounts.
E. Use of Wastewater Impact Fee Funds. The monies in the wastewater impact fee fund
shall be used only:
1. To acquire or construct improvements to the city wastewater system; or
2. To pay debt service on any portion of any future general obligation bond issue or revenue bond issue used to finance improvements to the city wastewater system; or
3. As described in Section 3.24.090 or Section 3.24.100(G).
F. Exemptions from Wastewater Impact Fees
1. The following types of development shall be exempted from payment of the wastewater impact fee:
a. Alteration or expansion of an existing building that does not require an additional or
larger water meter;
b. Replacement of a building or structure of the same size that does not require an
additional or larger water meter;
c. The location of mobile home on a site for which a wastewater impact fee was previously
paid and that does not require an additional or larger water meter;
2. Any such claim for exemption must be made no later than the time when the applicant
applies for the first permit of a type listed in Subsection (A)(1) of this section for the proposed
development, and any claim for exemption not made at or before that time shall have been waived.
3. The City Manager or his designee shall determine the validity of any claim for
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exemption pursuant to the criteria set forth in Subsection (F)(1) of this section.
Table 3.24.080
WASTEWATER IMPACT FEE SCHEDULE
SIZE OF WATER METER COST PER METER*
3/4 inch $2,955
1 inch $7,388
1 1/2 inch $14,775
2 inch $23,640
3 inch $47,280
Larger than 3 inch calculated
*Compiler's Note: The Cost Per Meter Fees listed in this formula shall be adjusted annually as per 3.24.110.K.
(Code ????, § 3.24.080; Ord. No. 1471, § 7, 1998; Ord. No. 1464, § 4, 1998; Ord. No. 1418, §
6, 1996; Ord. No. 1414, § 1, 1996; Ord. No. 1633, § 4, 4-18-2005; Ord. No. 1707, §
1(3.24.080), 8-6-2007; Ord. No. 1730, § 1(3.24.080), 1-14-2008)
3.24.090 Refunds of development impact fees paid.
Refunds of development impact fees shall be made only in the following instances and in the
following manner:
A. Upon application to the Impact Fee Coordinator by the applicant, the City shall refund
the development impact fee paid if capacity is available and service is denied.
B.
1. Upon application to the Impact Fee Coordinator, the City shall refund the development impact fee paid and not expended or encumbered within ten years from the date the
development impact fee was paid or spent in a manner not in accordance with this chapter or
section 17-6-1602 of the Montana Code Annotated. Refunds shall be paid to the owner of the
property at the time the refund is due. In determining whether development impact fees have
been expended or encumbered, fees shall be considered encumbered on a first-in, first-out
(FIFO) basis.
2. When the right to a refund exists due to a failure to expend or encumber development
impact fees, the City shall publish written notice within thirty days after the expiration of the
ten year period from the date development impact fee was paid. The published notice shall
contain the heading "Notice of Entitlement to Development Impact Fee Refund."
C. If an applicant has paid a development impact fee required by this chapter and has
obtained any of the types of permits or extensions listed in Sections 3.24.050 (A)(1), 3.24.060 (A)(1), 3.24.070 (A)(1), or 3.24.080(A)(1), and the permit or extension for which the fee was
paid later expires without the possibility of further extension, then the applicant who paid such fee shall be entitled to a refund of the fee paid, without interest. In order to be eligible to
receive such refund, the applicant who paid such fee shall be required to submit an application
for such refund within thirty days after the expiration of the permit or extension for which the
fee was paid.
Page 132 of 924
D. A refund application shall be made to the Impact Fee Coordinator within one year from
the date such refund becomes payable under Subsections A and B of this section, or within
one year from the date of publication of the notice of entitlement of a refund under Subsection
B of this section, whichever is later. Any refund not applied for within said time period shall be
deemed waived.
E. A refund application shall include information and documentation sufficient to permit
the Impact Fee Coordinator to determine whether the refund claimed is proper and, if so, the
amount of such refund.
F. A refund shall include a pro rata share of interest actually earned on the unused or
excess development impact fee paid.
G. All refunds shall be paid within sixty days after the Impact Fee Coordinator determines
that such refund is due. (Ord. 1418 § 7, 1996; Ord. 1414 § 1 (part), 1996)
H. Any refund payable pursuant to Subsections A and B of this section, shall be made to
the record owner of property as of the date the refund was due.
(Code ????, § 3.24.090; Ord. No. 1418, § 7, 1996; Ord. No. 1414, § 1, 1996; Ord. No. 1707, §
1(3.24.090), 8-6-2007; Ord. No. 1730, § 1(3.24.090), 1-14-2008)
3.24.100 Credits against development impact fees.
A. After the effective date of this chapter, mandatory or voluntary land or easement
dedications for transportation, fire protection, water, or wastewater improvements, and
mandatory or voluntary acquisition or construction of capital improvements to the
transportation system or the city fire protection, water, or wastewater systems by an applicant in connection with a proposed development may result in a pro rata credit against the
development impact fee for the same type of service or facility otherwise due for such
development, except that no such credit shall be awarded for:
1. Projects or land dedications not listed on the impact fee capital improvements program;
or
2. Land dedications for, or acquisition or construction of, project-related improvements as
defined in Section 3.24.040(G) or Section 3.24.040; or
3. Any voluntary land or easement dedications not accepted by the City; or
4. Any voluntary acquisition or construction of improvements not approved in writing by
the City prior to commencement of the acquisition or construction.
B. In order to obtain a credit against development impact fees otherwise due, an applicant must submit a written offer to dedicate to the City specific parcels of qualifying land or
easements, or to acquire or construct specific improvements to the transportation system or
the City fire protection, water, or wastewater systems in accordance with all applicable State
or City design and construction standards, and must specifically request a credit against such
development impact fees. Such written request must be made on a form provided by the City,
must contain a statement under oath of the facts that qualify the applicant to receive a credit,
must be accompanied by documents evidencing those facts, and must be approved not later
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than the initiation of construction of improvements or the acceptance by the City of land
dedications, or the applicant's claim for the credit shall be waived. The granting of credit shall
be approved by the City Commission. The City shall approve a credit only after showing that
the need for the dedication or construction is clearly documented pursuant to section 7-6-
1602 of the Montana Code Annotated, and that any land dedication proposed for credit is
determined to be appropriate for the proposed use.
1. Upon receipt of a complete application for impact fee credit the Impact Fee Coordinator
shall coordinate review of the application for compliance with the requirements of this chapter
and other relevant requirements. Upon completion of the review the Impact Fee Coordinator
shall either: forward the application to the City Manager, or when required to the City Commission, for approval or; if the application is insufficient or otherwise does not conform to
the City's requirements shall communicate in writing to the applicant the reason the credit request failed. If the application satisfies the requirements and is approved the credit may be
provided in any of the allowed forms as described in Subsection G.
a. Factors for Consideration
(1) When credit is sought for an improvement listed in the second through fifth years of the
CIP after the current fiscal year there shall be a rebuttable presumption that any credit shall be awarded as a credit balance and not as cash.
(2) The final decision to approve a credit request in excess of $1,000,000 from a single
impact fee fund shall be made by the City Commission.
(3) In the event that the City Manager believes that a credit request may result in a
significant effect on policy decisions the credit request may be referred to the City Commission for final action regardless of the dollar amount.
(4) In the event that the City considers that award of a credit may negatively impact its
ability to construct improvements listed sooner in time on the CIP they may decline to award a
credit at that time without removing the item from the CIP.
2. Appeals relating to staff decisions on credit requests may be appealed to the City Commission per Subsection 3.24.110.1
C. The credit due to an applicant shall be calculated and documented as follows:
1. Credit for qualifying land or easement dedications shall, at the applicant's option, be
valued at:
a. One hundred percent of the most recent assessed value for such land as shown in the
records of the City Assessor; or
b. That fair market value established by a private appraiser acceptable to the City in an
appraisal paid for by the applicant.
2. In order to receive credit for qualifying acquisition or construction of transportation, fire
protection, water, or wastewater improvements, the applicant shall submit complete
engineering drawings, specifications, and construction cost estimates to the City. The City shall determine the amount of credit due based on the information submitted, or, if it determines
that such information is inaccurate or unreliable, then on alternative engineering or
construction costs acceptable to the City.
Page 134 of 924
D. Approved credits shall become effective at the following times:
1. Approved credit for land or easement dedications shall become effective when the land
has been conveyed to the City in a form acceptable to the City, and at no cost to the City, and
has been accepted by the City Commission. When such conditions have been met, the City shall note that fact in the credit record maintained by the City Finance Department. Upon
request of the credit holder, the City shall send the credit holder a letter stating the credit
balance available to him (or her).
2. Approved credits for the acquisition or construction of transportation, fire protection, water, or wastewater improvements shall generally become effective when:
a. All required construction has been completed and has been accepted by the City; and
b. A suitable maintenance and warranty bond has been received and approved by the
City; and
c. All design, construction, inspection, testing, bonding, and acceptance procedures have
been completed in compliance with all applicable City and State procedures.
However, approved credits for the construction of improvements may become effective at an
earlier date if the applicant posts security in the form of a performance bond, irrevocable letter
of credit, or escrow agreement, and the amount and terms of such security are accepted by
the City. At a minimum, such security must be in the amount of the approved credit or an
amount determined to be adequate to allow the City to construct the improvements for which
the credit was given, whichever is higher. When such conditions have been met, the City shall note that fact in the credit record maintained by the City Finance Department. Upon request of
the credit holder, the City shall also send the credit holder a letter stating the credit balance available to him (or her).
E. Approved credits may be used to reduce the amount of development impact fees due
from any proposed development for the same type of service or facility for which the applicant
dedicated land or acquired or constructed improvements until the amount of the credit is exhausted. Each time a request to use credit from a mandatory or voluntary dedication,
acquisition, or construction is presented to the City, the City shall reduce the amount of the development impact fee of the same type otherwise due from the applicant and shall note in
the city records the amount of credit remaining, if any. In the case of a mandatory dedication,
acquisition, or construction, any credit in excess of the amount of the development impact fee
otherwise due under this chapter shall be deemed excess credit that is remaining and available
for use by the applicant. In the case of a voluntary dedication, acquisition, or construction, any credit in excess of the amount of the development impact fee of the same type and applicable
to the project, as shown in Tables 3.24.050, 3.24.060, 3.24.070, or 3.24.080, shall be deemed excess credit that is remaining and available for use by the applicant. Upon request of the
credit holder, the City shall also send the credit holder a letter stating the amount of credit
remaining to him (or her).
F. Approved credit shall only be used to reduce the amount of development impact fees of
the same type otherwise due under this chapter and shall not be paid to the applicant in cash
or in credit against any development impact fees for a different type of facility or service or against any other monies due from the applicant to the City, except as described in Subsection
G of this section.
Page 135 of 924
G. If the amount of approved credit for a mandatory dedication, acquisition, or
construction exceeds the amount of the development impact fees of the same type otherwise
due under this chapter, the applicant may request in writing that the City provide for
reimbursement of any excess credit to the applicant in cash. Such written request must be
approved not later than the initiation of construction of improvements, or the acceptance by
the City of land dedications, or the applicant's claim shall be waived. Upon receipt of such a written request, the City may, at its discretion:
1. Arrange for the reimbursement of such excess credit from the impact fee fund for the
same type of service or facility from development impact fees paid by others;
2. Arrange for the reimbursement of such excess credit through the issuance of a
promissory note payable in not more than ten years and bearing interest equal to the interest rate paid by the City for its long-term debt; or
3. Reject the request for cash and provide credit. Such excess credit shall be valued at one
hundred percent of actual developer costs for the excess improvements, or at the actual
appraised value of such excess improvements, at the City's option.
H. Credit may be transferred from one holder to another by any written instrument clearly identifying the credit issued under Subsection C of this section that is to be transferred,
provided that such instrument is signed by both the transferror and transferee, and that the
document is delivered to the City for registration of the change in ownership.
I. In the event that land is annexed into the city from Gallatin County after the effective
date of this chapter, and that road or fire impact fees have been previously paid to the County,
an applicant proposing a development on the land may request in writing a credit against the transportation impact fee equal to the amount of any road impact fee paid to the County for
the same land and may also request a credit against the fire protection impact fee equal to the amount of any fire protection impact fee paid to the County for the same land. Such written
request must be filed not later than the time when an applicant applies for the first permit of a
type listed in Sections 3.24.050(A)(1) or 3.24.060(A)(1) that creates an obligation to pay the
type of development impact fee against which the credit is requested, or the applicant's claim
shall be waived.
(Code ????, § 3.24.1000; Ord. No. 1471, § 8, 1998; Ord. No. 1418, § 8, 1996; Ord. No. 1414,
§ 1, 1996; Ord. No. 1707, § 1(3.24.100), 8-6-2007; Ord. No. 1730, § 1(3.24.100), 1-14-
2008)
3.24.110 Miscellaneous provisions.
A. Interest earned on monies in any impact fee fund shall be considered part of such fund
and shall be subject to the same restrictions on use applicable to the impact fees deposited in such fund.
B. No monies from any impact fee fund shall be spent for period or routine maintenance of
any facility of any type or to cure deficiencies in public facilities existing on the effective date
of this chapter.
C. Nothing in this chapter shall restrict the City from requiring an applicant to construct
reasonable project improvements required to serve the applicant's project, whether or not
such improvements are of a type for which credit is available under Section 3.24.100.
D. The City shall maintain accurate records of the development impact fees paid, including
Page 136 of 924
the name of the person paying such fees, the project for which the fees were paid, the date of
payment of each fee, the amounts received in payment for each fee, and any other matters
that the City deems appropriate or necessary to the accurate accounting of such fees, and
such records shall be available for review by the public during city business hours.
E. At least once during each fiscal year of the City, the City Administrative Services Director shall present to the City Commission a proposed impact fee capital improvements
program for the transportation system, fire protection system, water system, and wastewater
system, which identifies the capacity-adding capital improvements that will benefit new
development subject to the terms of this chapter, exclusive of any improvements needed to
correct existing deficiencies or for operation or maintenance purposes. Such capital improvements program shall assign monies from each impact fee fund to specific projects and
related expenses for improvements to the type of facilities or services for which the fees in that fund were paid. Any monies, including any accrued interest, not assigned to specific
projects within such capital improvements program and not expended pursuant to Sections
3.24.090 or 3.24.100(G) shall be retained in the same impact fee fund until the next fiscal
year. The Impact Fee Capital Improvements Program shall be adopted by the City Commission
as a supplemental document to the city budget. The Impact Fee Capital Improvements
Program shall schedule the construction of capital improvements to serve projected growth
and project capital improvement costs, expenditures and impact fee fund revenues for a five year period. The individual fee funds shall maintain a positive fiscal balance. The program may
be amended by a majority vote of the City Commission. The City Manager shall adopt and
revise, as needed, an administrative impact fee manual to carry out the purposes of this
chapter.
F. The City shall be entitled to retain not more than five percent of the development
impact fees collected as payment for the expenses of collecting the fee and administering this chapter.
G. If a development impact fee has been calculated and paid based on a mistake or
misrepresentation, it shall be recalculated. Any amounts overpaid by an applicant shall be
refunded by the City to the applicant within thirty days after the City's acceptance of the
recalculated amount, with interest at the rate of five percent per annum since the date of such
overpayment. Any amounts underpaid by the applicant shall be paid to the City within thirty days after the City's acceptance of the recalculated amount, with interest at the rate of five
percent per annum since the date of such underpayment. In the event the underpayment is caused by an error attributed solely to the City, the applicant shall pay the recalculated
amount without interest. In the case of an underpayment to the City, the City shall not issue
any additional permits or approvals for the project for which the development impact fee was
previously paid until such underpayment is corrected; and if amounts owed to the City are not
paid within such thirty day period, the City may also repeal any permits issued in reliance on the previous payment of such development impact fee and refund such fee to the then current
owner of the land.
H. In order to promote affordable workforce housing of the City, the City Commission may
waive impact fees for Workforce Housing Lots approved by the City Commission pursuant to
the BMC Title 17, Chapter 2 by paying some or all of the impact fee from other funds of the
city that are not restricted to other uses. In order to promote the economic development of
the city and the provision of affordable housing in the city, the City Commission may agree to
pay some or all of the development impact fees imposed on a proposed development by this chapter from other funds of the city that are not restricted to other uses. Any such decision to
pay development impact fees on behalf of an applicant shall be at the discretion of the City
Commission and shall be made pursuant to goals and objectives previously adopted by the
Page 137 of 924
City Commission to promote economic development and/or affordable housing.
I. Any determination made by any official of the city charged with the administration of
any part of this chapter may be appealed to the Development Impact Fees Review Committee
by filing:
1. A written notice of appeal on a form provided by the City;
2. A written explanation of why the appellant feels that a determination was in error; and
3. An appeal fee of five hundred dollars with the Impact Fee Coordinator within ten working days after the determination for which the appeal is being filed.
The Development Impact Fees Review Committee shall meet to review the appeal within thirty
working days of the date the written appeal was presented to the Impact Fee Coordinator. If
the appellant is dissatisfied with the decision of the Development Impact Fees Review
Committee, the appellant may appeal the decision to the City Commission by filing a written
request with the City Clerk within ten working days of the Committee's decision. At the regular
meeting following the filing of the appeal, the City Commission shall fix a time and place for
hearing the appeal; and the City Clerk shall mail notice of the hearing to the appellant at the address given in the notice of appeal. The hearing shall be conducted at the time and place
stated in such notice given by the City Commission. The determination of the City Commission
shall be final. If the City Commission concludes that all or part of a determination made by an
official of the city charged with the administration of any part of this chapter was in error, then
the appeal fee described above shall be returned to the appellant.
J. Updating of impact fee information.
1. The facility plans described in this chapter shall be reviewed by the City at least once every five years and if a revision of a facility plan to address changed conditions is deemed
necessary, by the City, the plan shall be updated.
2. The development impact fees described in this chapter, fee studies, data and analysis
relied upon and required by section 7-6-1602, MCA, and the administrative procedures and manual of this chapter shall be updated at least once every three fiscal years.
3. The impact fee capital improvement program shall be reviewed and updated as
provided in section 3.24.110(E) above.
4. The purpose of the review and updating of impact fee related documentation is to
ensure that:
a. The demand and cost assumptions underlying such fees are still valid;
b. The resulting fees do not exceed the actual cost of constructing improvements that are
of the type for which the fee was paid and that are required to serve new development;
c. The monies collected or to be collected in each impact fee fund have been, and are
expected to be, spent for improvements of the type for which such fees were paid; and
d. That such improvements will benefit those developments for which the fees were paid.
K. The development impact fees shown in Tables 3.24.050, 3.24.060, 3.24.070, and
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3.24.080 shall be adjusted annually to reflect the effects of inflation on those costs for
improvements set forth in the impact fee studies. On January 1st of each year unless and until
the fees in Tables 3.24.050, 3.24.060, 3.24.070, and/or 3.24.080 are revised or replaced, and
then beginning in the subsequent calendar year, each fee amount set forth in each such table
shall be adjusted by multiplying such amount by one (1) plus the value of the Construction
Cost Index published in the first December edition of the current year. -- Source: Engineering News Record. The right-of-way component of the transportation impact fee shall be adjusted
by multiplying the value of the right-of-way component of the fee by one (1) plus the
percentage value of the increase in taxable value from the preceding year. -- Source: Montana
Department of Revenue. Such adjustments in such fees shall become effective immediately
upon calculation by the City and shall not require additional action by the City Commission to be effective.
L. Violation of this chapter shall be a misdemeanor and shall be subject to those remedies
provided in Bozeman Municipal Code Section 1.16.010. Knowingly furnishing false information
to any official of the city charged with the administration of this chapter on any matter relating
to the administration of this chapter, including without limitation the furnishing of false
information regarding the expected size, use, or traffic impacts from a proposed development,
shall be a violation of this chapter. In addition to, or in lieu of, any criminal prosecution, the
City or any applicant for a permit of the types described in Sections 3.24.050(A)(1), 3.24.060(A)(1), 3.24.070(A)(1), or 3.24.080(A)(1) shall have the right to sue in civil court to
enforce the provisions of this chapter.
M. The section titles used in this chapter are for convenience only and shall not effect the
interpretation of any portion of the text of this chapter.
N. Any judicial action or proceeding to attack, review, set aside, or annul the reasonableness, legality, or validity of any development impact fee must be filed and service of
process effected within ninety days following the date of imposition of the fee or the final determination of the City Commission, whichever is the later.
(Code ????, § 3.24.110; Ord. No. 1471, § 9, 1998; Ord. No. 1418, § 9, 1996; Ord. No. 1414, §
1, 1996; Ord. No. 1707, § 1(3.24.110), 8-6-2007; Ord. No. 1711, § 5, 8-6-2007; Ord. No.
1730, § 1(3.24.110), 1-14-2008; Ord. No. 1746, § 3, 8-4-2008)
Chapter 3.28
ADVERTISEMENT SPACE ON MUNICIPAL PROPERTY
3.28.010 Legislative Findings
The City Commission of the City of Bozeman, Montana finds that:
A. The selling of advertisement space on municipal vehicles, equipment, solid waste
containers, and other property will bring in needed revenue and will assist in relieving the tax burden of Bozeman citizens.
B. The City of Bozeman has and will continue to have vehicles, equipment, solid waste
containers, and other property suitable for advertisement space.
C. It is appropriate to sell advertisement space from time to time on specific municipal
property.
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D. The vehicles, equipment, solid waste containers, and other property to be used for
advertisement space are not public forums and therefore all advertisement will be commercial
in nature.
E. Limiting advertisement only to commercial advertisement maintains a position of neutrality on political and religious issues; protects municipal property from vandalism and
destruction; prevents a reduction of income that occurs when political and religious messages
are utilized; and prevents the violation of the establishment clause.
(Ord. No. 1657, § 1(3.28.010), 12-19-2005)
3.28.020 Application
A. Any person seeking to commercially advertise on Bozeman property must submit an
application with the proposed advertisement to the City Manager for approval to ensure compliance with this chapter, and must enter into an agreement acceptable to the City. The
term of the agreement shall not exceed one hundred eighty days.
B. The application must contain a full advertising graphic design in sufficient detail to
determine content and final general appearance, including the scaled location of the advertisement on the subject property.
C. The City Manager shall reject an application that is incomplete, that does not comply
with the standards set forth in Section 3.28.030, or when there are no appropriate advertising
space available.
(Ord. No. 1657, § 1(3.28.020), 12-19-2005)
3.28.030 Advertising Standards
A. The subject matter of all advertisement shall be limited to speech that proposes a commercial transaction.
B. Prohibited advertising copy and graphics:
1. Advertisement that is unlawful or relates to illegal activity.
2. Advertisement that is obscene or would be in violation of MCA 45-8-206, Public Display or Dissemination of Obscene Material to Minors.
3. Advertising of alcohol or tobacco products.
4. Advertising of commercial advertisements by political candidates for public office and advertisements concerning ballot issues.
5. Advertising of contraception products or hygiene products of an intimate personal
nature.
6. Advertising of products or services with sexual overtones such as escort services, or
establishments featuring X-rated or pornographic movies or products.
7. Advertisement that depicts violence and/or anti-social behavior.
8. Advertisement that is false, misleading, or deceptive.
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9. Advertisement using threatening, obscene, profane, vulgar, or abusive language.
10. Advertisement that holds up individuals or groups of people to public ridicule, derision,
or embarrassment.
11. Advertisement that supports or opposes a candidate, issue, or cause, or which
advocates or opposes a religion, denomination, religious creed, tenet, or belief.
12. Advertisements may not be placed on park or trail benches or picnic tables that
currently contain "In Memoriam" plaques.
13. No advertisements shall be placed on the exterior of any city-owned structures.
C. The applicant and the business or person represented by the applicant must be in
compliance with all city ordinances and laws.
(Ord. No. 1657, § 1(3.28.030), 12-19-2005)
3.28.040 Exemption From Uniform Development Sign Code Provisions
Any advertisement installed under this Chapter is exempt from complying with the provisions of the Uniform Development Code (UDC) under Title 18 of this Code relating to signs."
(Ord. No. 1657, § 1(3.28.040), 12-19-2005)
Chapter 3.30
3.30.010 Budget Administration and Oversight
A. Responsibilities of the City Commission:
1. To amend the budget, as necessary.
2. To review budget status reports, as presented.
3. To review accounts payable listings, as presented
B. Responsibilities of the City Manager:
1. To execute the budget that has been adopted by the Commission, in accordance with
Section 3.30.020.
2. To propose and schedule budget amendments, as necessary.
3. To report to the Commission on the financial condition of the city and the status of the
budget, according to the methods described in Section 3."
(Ord. No. 1729, § 1(3.30.010), 11-26-2007)
3.30.020 Budget Operating Guidelines.
A. Once the Approved Budget has been adopted, the City Manager has the authority to
administer all city accounts, in accordance with the Approved Budget. Within the any Fund,
Page 141 of 924
the City Manager may re-allocate appropriation authority among line-items as long as the total
appropriation amount is not increased.
B. In addition, the City Commission hereby delegates appropriation and budget
amendment authority to the City Manager for the expenditures from the following funds: debt
service funds; fee-based budgets; trust funds; federal, state and private grants accepted and approved by the City Commission; special assessments; monies borrowed during the year;
proceeds from sale of land; and funds for gifts or donations.
C. Through the annual Appropriation Resolution each year, the City Commission will
authorize and re-appropriate the unexpended balance of Capital Improvement Program items and Building Repair & Maintenance items previously budgeted which have not been completed.
(Ord. No. 1729, § 1(3.30.020), 11-26-2007)
3.30.030 Budget Status Reporting.
The City Manager will compile the following reports and make them available to the
Commission, City Departments and the public:
Weekly Accounts Payable Listings by account.
Monthly Budget-to-Actual Expenditure Report.
Quarterly Summary of Revenues and Expenditures Report.
(Ord. No. 1729, § 1(3.30.030), 11-26-2007)
3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance.
The City Manager will recommend and the Commission will adopt an Approved Budget that results in a year-end General Fund Unreserved Fund Balance that of no less than 12% of
estimated General Fund revenues. If the Commission desires to adopt or amend the budget in
a way that decreases the General Fund Unreserved Fund Balance to a level below 12% of
estimated General Fund Revenues, they may do so after holding a separate public hearing to
state why it is in the best interest of the City to do so. At no time may a budget be adopted or amended that results in a year-end General Fund Unreserved Fund Balance of less than 5% of
estimated General Fund Revenues. This limit does not apply in case of an emergency, pursuant to state law."
(Ord. No. 1729, § 1(3.30.040), 11-26-2007)
523.30.010 Intent.
The intent and purpose of the Tax Abatement Certificate of Appropriateness is to encourage
the appropriate rehabilitation, restoration, and preservation of historic properties which otherwise would not have been so carefully preserved. It is recognized that a grant of tax
abatement is a discretionary act by the City Commission. Tax abatement is to reward
extraordinary efforts in preservation and not minimal compliance with mandatory standards.
(Ord. No. 1744, § 1(3.30.010), 10-6-2008)
52 I assume that you did not mean to repeal the above material.
Page 142 of 924
3.30.020 Authority.
Pursuant to MCA 15-24-1601 through Section 15-24-1608, the City Commission by this
ordinance approves the tax benefits as set forth in said statutes for those improvements made
by restoration, rehabilitation, or expansion of certified historic commercial or residential
properties or qualifying new construction within an historic district which meets the design criteria during the construction period, which is not to exceed twelve (12) months and five (5)
years following completion of said construction, in those situations where such improvements
preserve certified historic commercial or residential properties, or encourage appropriate new
construction meeting the design criteria to be architecturally compatible within the historic
districts.
A. The tax abatement is limited to one hundred percent (100%) of the increase in taxable value caused by the rehabilitation, restoration, expansion or new construction and applies to
only those properties which do not receive any other tax exemption or special evaluation
provided by Montana Law during the period of abatement.
(Ord. No. 1744, § 1(3.30.020), 10-6-2008)
3.30.030 Definitions.
A. "Construction period" as used herein shall mean a period of time from the date of issuance of the required building permit until the project is substantially completed or a period
of twelve (12) months from the date of issuance of said building permit whichever period is
shorter.
B. "Qualifying new construction" as used herein shall mean construction which satisfies the
requirements of Section 3.30.050.C, 53BMC.
(Ord. No. 1744, § 1(3.30.030), 10-6-2008)
3.30.040 Procedures.
The owner of the property must comply with the provisions and standards of Sections
3.30.040, 3.30.050, and Chapter 18.28, BMC in order to be considered for tax abatement.
Failure to demonstrate successful compliance with the requirements disqualifies a property
from being awarded Tax Abatement, but does not prohibit development with a Certificate of Appropriateness otherwise approved under Chapter 18.28, BMC:
A. The owner of the property is solely responsible for supplying to the Bozeman Historic
Preservation Advisory Commission and the City Commission all information and documents
necessary to evaluate the project. If sufficient information and documentation is not supplied
by the owner for consideration to make an informed decision, the application will be denied.
B. The Bozeman City Commission hereby designates the Bozeman Historic Preservation
Advisory Board as its local review board and hereby directs said board to establish an
application and review process to certify eligible properties as specified in MCA 15-24-1604
and which must include, but is not limited to, the design review criteria based on the
Secretary of Interior's Standards for Rehabilitation of Historic Properties or other standards
approved by the State Historic Preservation Office. The established review process shall be
53 How do you want to cite within the Code of Ordinances? It is inconsistent right now. Normally,
we just use section ___ or chapter ___. Sometimes we add “of this Code” if desired.
Page 143 of 924
integrated with the Certificate of Appropriateness review authorized in Chapter 18.28, BMC.
C. The local review board shall recommend approval or denial of any application for the
tax abatement and report its recommendation to the City Commission which shall then either
approve or deny said recommendation by Resolution.
D. All taxes, assessments and SID obligations on any property proposed for tax abatement
must be current before any tax abatement will be considered.
E. Following certification, and during the period of tax abatement, if the property is altered
in any way that adversely affects those elements that qualify it as historically contributing; the property must be disqualified from receiving the tax abatement. If the historic property which
has received a tax abatement under this part is disqualified, the owner is liable for back taxes, interest and a penalty. These costs must be extended against the property in the next general
real property tax roll, to be collected and distributed in the same manner as the currently
assessed real property tax. The back taxes, interest and penalty must equal the sum of the
following:
1. The difference in the total real property taxes due during the years the tax abatement
was in effect and the total of real property taxes which would have been due had the special assessments not been in effect for those years;
2. Interest on the amount calculated in subsection 3.30.020.A, BMC at the rate for
delinquent property taxes provided for in MCA 15-16-102 ; plus
3. A penalty of 15% on the sum of subsection 3.30.020.A, BMC. Back taxes, interest or
penalty may not be imposed on a property transferred to an ownership that makes the property exempt from property taxation or if the property is destroyed by fire or force majure.
(Ord. No. 1744, § 1(3.30.040), 10-6-2008)
3.30.050 Standards.
To be approved as a Tax Abatement COA the following requirements shall be met:
A. The property must meet one or more of the following criteria
1. The property is individually listed on the National Register of Historic Places (NRHP).
2. The property is at least 50 years of age and located in an established NRHP historic
district.
3. The property is determined by a qualified professional to be eligible for individual listing in the NRHP. If this criterion is selected, the applicant must complete the necessary steps to
list the property on the NRHP prior to the final approval of any abatement.
B. Alterations to the properties or structures without City approval and consistent with the
requirements of this Chapter nullifies the tax abatement qualification.
C. All Standard COA requirements per 18.28, BMC, or its successors, apply as well these
further Tax Abatement COA Requirements:
1. Additions to existing structures:
Page 144 of 924
a. Additions which increase the size of the footprint are limited to no more than a 10
percent increase of the structure's footprint
b. Additions must not exceed the height of the existing roofline
c. Additions are limited to secondary facades and evaluated in the context of the facade
on which the addition is applied
d. Due to the limited size of the addition, no specific similarity or differentiation of material
is required as referenced in Secretary of the Interior Standards 9 & 10.
2. Roof:
a. Shape and material of the existing roof must be preserved unless it can be
demonstrated that a different material is more historically appropriate for the structure.
b. Dormers will be considered on a case by case basis and must meet the Secretary of the
Interior's Standards and UDO standards for dormers. Dormers shall be limited to not more
than 1/2 the length of the existing roofline.
(1) If new dormers are added they must match existing historic dormers in shape, style
and materials.
3. Materials:
a. Windows: Window matching is fundamental to the historic integrity of the building
(1) Rehabilitation of viable windows is required through repair, restoration and reconstruction.
(2) Window replacement requires a professional assessment of the existing windows.
(3) Window replacement must be historically appropriate and match historic materials.
(4) If storm windows are applied they shall be historically appropriate.
b. Siding:
(1) If historic siding is intact it shall be preserved and restored.
(2) If historic siding is missing, new siding should follow the Department of the Interior's
guidelines for reconstruction.
c. Foundation:
(1) Repair and stabilization of existing foundation materials is encouraged and a primary
goal.
(2) Foundation replacement is allowed to the extent that the overall height increase of the house does not exceed eighteen inches.
(3) Foundation replacement requires a professional assessment of the existing foundation.
Page 145 of 924
(4) If replaced, the exterior of the new foundation shall match the historic foundation in
appearance.
d. Roof:
(1) If historic roof material is intact it shall be preserved and restored
(2) If historic roof material is missing, the new roof should follow the Department of the
Interior's guidelines for restoration
4. Accessory Building: the same parameters apply to accessory buildings as for primary
structures on the property. Demolition of viable accessory buildings within five years of receiving the tax abatement nullifies tax benefits.
(Ord. No. 1744, § 1(3.30.050), 10-6-2008)
Title 4
(RESERVED)
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Title 5
BUSINESS TAXES, LICENSES AND REGULATIONS*
*State law references--Trade and commerce, MCA 30-1-101 et seq.
Chapters:
5.01 General Provisions
5.02 Definitions
5.04 Administration and Enforcement
5.05 License Fee Schedule--Generally 5.08 Aircraft
5.12 Beer 5.32 Pawnbrokers and Secondhand Dealers
5.40 Hotel Guest Registers
5.52 Liquor--Retail Sale
5.56 Gaming
5.60 Going-Out-of-Business Sales
5.64 Uniform Safety Code Inspection Fees
5.68 Violation--Penalties 5.70 Emergency Medical Services
Chapter 5.01
GENERAL PROVISIONS54
Sections:
5.01.010 Title. 5.01.020 Scope.
5.01.010 Title.
This chapter shall be known and may be cited as the "general licensing ordinance of the city of
Bozeman, Montana."
(Code ????, § 5.01.010; Ord. No. 1273, § 1, 1988)
5.01.020 Scope.
It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere
with existing provisions of other laws or ordinances, except those specifically repealed by this
chapter. Where this chapter imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, or ordinance, the
provisions of this chapter shall control.
(Code ????, § 5.01.020; Ord. No. 1273 § 2, 1988)
Chapter 5.02
DEFINITIONS
54 This chapter does not really accomplish anything, unless it was meant to apply to the whole
title.
Page 148 of 924
Sections:
5.02.010 Generally.
5.02.020 Business.
5.02.030 City.
5.02.040 City license officer. 5.02.050 Electronic amusement games.
5.02.060 Going out of business sale.
5.02.070 Home occupation.
5.02.080 Itinerant vendor.
5.02.090 License. 5.02.100 Nonprofit organization.
5.02.110 Person. 5.02.120 Property manager.
5.02.130 Square footage.
5.02.140 Temporary premises.
5.02.150 Transient merchant.
5.02.010 Generally.
For the purpose of this chapter55, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular number,
words in the singular number include the plural number, and masculine words shall include
feminine. The word "shall" is always mandatory and not merely directory.
(Code ????, § 5.02.010; Ord. No. 1273, § 3, 1988)
5.02.020 Business.
"Business" is meant to include all kinds of vocations, occupations, professions, enterprises,
establishments, and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, any of which are conducted for private
profit, or benefit, either directly or indirectly, on any premises in this city, not exempted by
state law or this chapter.
(Code ????, § 5.02.020; Ord. No. 1273, § 3 (A), 1988)
5.02.030 City.
"City" is the city of Bozeman, Montana.
(Code ????, § 5.02.030; Ord. No. 1273, § 3 (B), 1988)
5.02.040 City license officer.56
"City license officer" is the administrative services director of the city or his designated representative.
55 It appears that the same thing happened here. Obviously, these definitions apply to the entire
title. 56 Title still accurate?
Page 149 of 924
(Code ????, § 5.02.040; Ord. No. 1273, § 3 (C), 1988)
5.02.050 Electronic amusement games.
"Electronic amusement games" means any electronic game or mechanical device operated for the sole purpose of amusement of the patrons.
(Code ????, § 5.02.050; Ord. No. 1273, § 3 (D), 1988)
5.02.060 Going out of business sale.
"Going out of business sale" is a sale held in such a manner as to reasonably cause the public
to believe that upon the disposal of the stock on hand, the business will cease and be
discontinued. Going out of business sales shall be strictly limited to stock on hand at the commencement of the sale.
(Code ????, § 5.02.060; Ord. No. 1273, § 3 (E), 1988)
5.02.070 Home occupation.
"Home occupation" means the use of a portion of a dwelling as an office, studio or workroom for occupations at home by one or more persons residing in the dwelling unit. No home
occupation shall occupy more than twenty percent of the gross floor area nor more than four hundred square feet of gross floor area. The activity must be clearly incidental to the use of
the dwelling for dwelling purposes, and shall not change the character or appearance thereof.
(Code ????, § 5.02.070; Ord. No. 1273, § 3 (F), 1988)
5.02.080 Itinerant vendor.
"Itinerant vendor" is any person engaged or employed in the business of selling to consumers
by going from consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or taking orders for future delivery of any goods, wares, or
merchandise or for services to be performed in the future.
(Code ????, § 5.02.080; Ord. No. 1273, § 3 (G), 1988)
5.02.090 License.
"License" is the authority, necessary from the city, granted the person to whom it is issued to
engage in a specific business or occupation.
(Code ????, § 5.02.090; Ord. No. 1273, § 3 (H), 1988)
5.02.100 Nonprofit organization.
"Nonprofit organization" is any group which does not distribute pecuniary gains, profits or
dividends, and pecuniary gains is not the objective of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue Service and the
Montana Department of Revenue.
(Code ????, § 5.02.100; Ord. No. 1273, § 3 (I), 1988)
5.02.110 Person.
"Person" is meant to include individual natural persons, partnerships, joint ventures, societies,
Page 150 of 924
associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees,
factors, or any kind of personal representatives of any thereof, in any capacity, acting either
for himself, or for any other person, under either personal appointment or pursuant to law.
(Code ????, § 5.02.110; Ord. No. 1273, § 3 (J), 1988)
5.02.120 Property manager.
"Property manager" means a "person" which rents or leases rental units and does not include
hotels or motels.
(Code ????, § 5.02.120; Ord. No. 1273, § 3 (K), 1988)
5.02.130 Square footage.
"Square footage" is the total number of square feet contained within the exterior walls of a
building, used in the business operation and open to the public.
(Code ????, § 5.02.130; Ord. No. 1273, § 3 (L), 1988)
5.02.140 Temporary premises.
"Temporary premises" means any hotel, motel, roominghouse, storeroom, building, or any
part of any building whatsoever, tent, vacant lot, freight station, car or truck, temporarily occupied for the business defined above. Temporary premises does not include sales booths,
concession stands etc. which are operated in conjunction with a community sponsored event
authorized by the city commission.
(Code ????, § 5.02.140; Ord. No. 1273, § 3 (M), 1988)
5.02.150 Transient merchant.
"Transient merchant" means any person who brings into temporary premises into the city a stock of goods, wares or articles of merchandise or notions or other articles of trade, and who
solicits, sells or offers to sell, or exhibits for sale, such stock of goods, wares or articles of
merchandise or notions or other articles of trade is within the meaning of this chapter a
"transient merchant," and such definition shall continue to apply until such person is
continuously engaged at such temporary premises for a period of one year.
(Code ????, § 5.02.150; Ord. No. 1273, § 3 (N), 1988)
Chapter 5.04
ADMINISTRATION AND ENFORCEMENT
Sections:
5.04.010 Compliance required.
5.04.020 Separate license for branch establishments.
5.04.030 Joint license. 5.04.040 Exemptions.
5.04.050 City license officer--Duties.
5.04.060 Formal application required.
5.04.070 Change of location.
5.04.080 Transfer of license.
5.04.090 Contents of license--Information required.
5.04.100 Expiration of license.
Page 151 of 924
5.04.110 License renewal.
5.04.120 Noncompliance--Penalty.
5.04.130 Duties of licensee.
5.04.140 Inspections--Persons authorized.
5.04.150 Authority of inspectors.
5.04.160 Reports by inspectors. 5.04.170 License revocation/suspension--Generally.
5.04.180 License revocation/suspension--Procedure.
5.04.190 Appeal.
5.04.200 Unpaid fee constitutes debt.
5.04.210 Action by city attorney. 5.04.220 Civil judgment no bar.
5.04.230 Interstate commerce.
5.04.010 Compliance required.
It shall be unlawful for any person, either directly or indirectly, to conduct any business or to
use in connection therewith any vehicle, premises, machine, device, employee, or agent in
whole or in part, for which a license, or permit, is required by any law or ordinance of this city,
without a license, or permit being first procured and kept in effect at all such times as required
by this ordinance57 or other law or ordinance of this city; nor shall the issuance of a license
entitle or authorize the applicant to open or maintain any business contrary to the provisions
of this ordinance or law.
(Code ????, § 5.04.010; Ord. No. 1273, § 4(A), 1988)
5.04.020 Separate license for branch establishments.
A license shall be obtained in the manner prescribed herein for each branch establishment or
location of the business engaged in, as if each such branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with
and incidental to a business licensed under the provisions of this ordinance shall not be
deemed to be separate places of business or branch establishment.
(Code ????, § 5.04.020; Ord. No. 1273, § 4(B), 1988)
5.04.030 Joint license.
A person engaged in two or more businesses at the same location shall not be required to
obtain separate licenses for conducting each of such businesses but, when eligible, shall be
issued one license.
(Code ????, § 5.04.030; Ord. No. 1273, § 4(C), 1988)
5.04.040 Exemptions.
A. No license shall be required of any person for any mere delivery in the city of any
property purchased or acquired in good faith from such person at his regular place of business
outside the city where no intent by such person is shown to exist to evade the provisions of
57 The ordinance is 1273 that covers the first four chapters and parts of the remainder of the title.
I suggest combining those chapters into one chapter. What to do with the remainder of
Ord. No. 1273 is a good question.
Page 152 of 924
this ordinance.
B. No license shall be required of any nonprofit organization as defined by this Ordinance.
C. No license shall be required of any person under 18 years of age.
D. No license shall be required for any property manager managing or renting less than
three rental units.
(Code ????, § 5.04.040; Ord. No. 1273, § 4(D--G), 1988)
5.04.050 City license officer--Duties.
The city license officer shall collect all license fees and shall issue license and renewals thereof
in the name of the city to all persons qualified under the provisions of this ordinance and shall have the power to:
A. Make Rules. The city license officer shall promulgate and enforce all reasonable rules
and regulations necessary to the operation and enforcement of this chapter. All rules are
subject to commission review and modification.
B. Adopt Forms. The city license officer shall adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers.
C. Obtain Endorsement. The city license officer shall submit all applications to interested
city officials for their endorsements thereon as to compliance by the applicant with all city
regulations which they have the duty of enforcing.
D. Investigate. The city license officer shall investigate and determine the eligibility of any applicant for a license as prescribed herein.
E. Examine Records. The city license officer shall examine the books and records of any
applicant of licensee when reasonably necessary to the administration and enforcement of this
chapter.
F. Give Notice. The city license officer shall notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any license or permit, at the
applicant's request, state in writing the reasons therefor and deliver them to the applicant.
New applicants will be notified within seven working days.
G. Register of Licenses. The city license officer shall maintain at all times a license register,
in which shall be entered the full name of each licensee, the address at which such business is
conducted, the date of the issuance, the purpose for which the license is issued, the amount paid therefor, the telephone and address of the applicant, and the time such license will
continue in force.
(Code ????, § 5.04.050; Ord. No. 1273, § 5, 1988)
5.04.060 Formal application required.
Every person required to procure a license under the provisions of any ordinance or law of the
city shall submit an application for such license to the city license officer. The application requirements are as follows:
Page 153 of 924
A. Form of Application. The application shall be a written statement upon forms provided
by the city license officer.
B. Contents of Application. The applicant is required to disclose all information necessary
to comply with this chapter and of any other information which the city license officer shall
find to be reasonably necessary to the fair administration of this chapter.
C. Compliance with Laws and Regulations. Issuance of a business license is contingent
upon a business being in compliance with all applicable zoning, building and fire codes and
other laws and regulations which protect the health, safety and welfare of the citizens of the
community.
D. Payment of Fees. The application shall be accompanied by the full amount of the fees chargeable for such license.
(Code ????, § 5.04.060; Ord. No. 1273, § 6(A), 1988)
5.04.070 Change of location.
A licensee shall have the right to change the location of the licensed business; provided, he shall comply with zoning, building, engineering and fire regulations. A licensee shall:
A. Obtain a new license for such change of location;
B. Pay a new special services and regulatory inspection fee.
(Code ????, § 5.04.070; Ord. No. 1273, § 6 (B), 1988)
5.04.080 Transfer of license.
A licensee hereunder shall have the right to transfer his license to another person provided he shall:
A. Execute the transfer in the form and under the conditions required by law and as
prescribed by the license officer;
B. Promptly report the completed act of transfer to the license officer;
C. Upon the completion of a transfer of license in compliance with Section 5.04.060, be
issued a new license to the transferee for the unexpired term of the old license.
D. Pay the required fee.
(Code ????, § 5.04.080; Ord. No. 1273, § 6(C), 1988)
5.04.090 Contents of license--Information required.
Each license issued hereunder shall state upon its face the following:
A. The name, address, and telephone number of the licensee and any other name under
which such business is to be conducted;
B. The type and address of each business so licensed;
Page 154 of 924
C. The amount of license fee therefor;
D. The dates of issuance and expiration thereof;
E. Approval of the various regulatory departments of the city;
F. Such other information as the license officer shall determine.
(Code ????, § 5.04.090; Ord. No. 1273, § 10, 1988)
5.04.100 Expiration of license.
All licenses issued pursuant to this chapter shall expire on December 31st of the year in which such license is issued.
(Code ????, § 5.04.100; Ord. No. 1273, § 8(A), 1988)
5.04.110 License renewal.
Every person licensed to engage in any business covered by this title, if such business is to be
continued, shall renew such license by February 15th of the next calendar year.
(Code ????, § 5.04.110; Ord. No. 1273, § 8(B), 1988)
5.04.120 Noncompliance--Penalty.
Failure of a business to either obtain a new business license or to renew a business license as
required by this chapter shall result in a delinquent charge of ten percent of the annual license
and inspection fee, for each month the application remains delinquent.
(Code ????, § 5.04.120; Ord. No. 1273, § 9, 1988)
5.04.130 Duties of licensee.
A. General Standards of Conduct. Every licensee under this Ordinance shall:
1. Permit all reasonable inspections of his business by public authorities so authorized by
law;
2. Ascertain and at all times comply with all laws and regulations applicable to such licensed business;
3. Avoid all illegal, forbidden, improper or unnecessary activities, practices or conditions
which do or may affect the public health, safety, or welfare;
4. Refrain from operating the licensed business on premises after expiration of his license
and during the period his license is revoked or suspended.
B. Display of License. Every licensee under this chapter shall post and maintain such
license upon the licensed premises in a place where it may be seen at all times by the public.
(Code ????, § 5.04.130; Ord. No. 1273, § 11, 1988)
5.04.140 Inspections--Persons authorized.
The following persons are authorized to conduct inspections in the manner prescribed herein:
Page 155 of 924
A. License Officer. The license officer shall make all investigations reasonably necessary to
the enforcement of this chapter.
B. City Officers. All police, fire, building inspectors, city engineers, zoning official, and
other officials designated by the license officer, shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with the chapter.
(Code ????, § 5.04.140; Ord. No. 1273, § 13(A), 1988)
5.04.150 Authority of inspectors.
All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises:
A. Those for which a license is required;
B. Those for which a license was issued and which, at the time of inspection, are operating
under such license;
C. Those for which the license has been revoked or suspended.
(Code ????, § 5.04.150; Ord. No. 1273, § 13(B), 1988)
5.04.160 Reports by inspectors.
Persons inspecting licensees, their businesses, or premises as herein authorized shall report all
violations of this chapter or of other laws or ordinances to the city attorney and shall submit
such other reports as the city attorney shall order.
(Code ????, § 5.04.160; Ord. No. 1273, § 13(C), 1988)
5.04.170 License revocation/suspension--Generally.
The license officer may suspend or revoke a license when the licensee commits one or more of
the following acts or omissions:
A. The violation of any provision of this chapter;
B. The violation of any ordinances provisions relating to the health, safety and welfare of the citizens of the community; or
C. The securing of any license by fraud or misrepresentation, to specifically include false or
incorrect information on the license application.
(Code ????, § 5.04.170; Ord. No. 1273, § 14, 1988)
5.04.180 License revocation/suspension--Procedure.
When any of the acts or omissions as herein enumerated are committed by a license holder
and the license is suspended or revoked, the procedure shall be as follows:
A. The licensee shall be notified in writing by the license officer at least seven days prior to
the action contemplated and the reasons therefor.
Page 156 of 924
B. Upon receipt of the notice, the licensee may request a hearing. Such request shall be in
writing and shall be received by the license officer within seven days of the receipt of notice.
Failure on the part of the licensee to request a hearing in writing and within the specified time
period shall be deemed a waiver of his right to a hearing.
C. If a hearing is requested by the licensee, the license officer shall set a time, date and place and shall so notify the licensee, in writing.
D. When a hearing is conducted, the licensee and other interested parties may be in
attendance. The city shall present the evidence supporting the contemplated action. The
licensee may present evidence. The license officer shall take all evidence admitted under advisement and once a decision has been made, the license officer shall notify the licensee of
the findings and rule in writing.
(Code ????, § 5.04.180; Ord. No. 1273, § 15, 1988)
5.04.190 Appeal.
A. Right of Appeal. Any person aggrieved by any decision of the license officer shall have
the right of appeal to the city commission by filing a written appeal with the clerk of commission within twenty days following the effective date of the action taken or the decision
made.
B. Contents of Appeal. Such appeal shall set out a copy of the order or decision appealed
and shall include a statement of the facts relied upon to avoid such action taken or decision
made.
C. Notification of License Officer. At the time of filing any such appeal a copy thereof shall
be filed by the appellant with the license officer.
D. Hearing. The city commission shall fix a time and place for hearing the appeal and shall
personally serve a written notice, as provided herein, upon the appellant informing him
thereof. The city commission shall also give such notice to the license officer and such officer
shall be entitled to appear and defend such action taken or decision made.
E. Effect of Decision. The findings of the city commission shall be final and conclusive and shall be personally served upon the appellant as required herein.
(Code ????, § 5.04.190; Ord. No. 1273, § 16, 1988)
5.04.200 Unpaid fee constitutes debt.
The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the city.
(Code ????, § 5.04.200; Ord. No. 1273, § 17(A), 1988)
5.04.210 Action by city attorney.
The city attorney may institute civil suit in the name of the city to recover any such unpaid
fee.
(Code ????, § 5.04.210; Ord. No. 1273, § 17 (B), 1988)
5.04.220 Civil judgment no bar.
Page 157 of 924
No civil judgment, or any act by the city attorney, the license officer or the violator shall bar or
prevent a criminal prosecution for each and every violation of this chapter.
(Code ????, § 5.04.220; Ord. No. 1273, § 17(C), 1988)
5.04.230 Interstate commerce.
Nothing in this title is intended to operate so as to interfere with the power of the Congress of
the United States to regulate the commerce between the states.
(Code ????, § 5.04.230; Ord. No. 1273, § 18, 1988)
Chapter 5.05
LICENSE FEE SCHEDULE -- GENERALLY
Sections:
5.05.010 Business license fees.
5.05.020 Allocation of fees.
5.05.030 Prorated fee for new general businesses.
5.05.040 Rebate of fee--General prohibition.
5.05.010 Business license fees.
All business license fees, unless otherwise specified in this title, shall be based on the square
footage of the business being licensed in consideration of the costs of administering this title
and the regulatory costs incurred. The fee schedule is as follows:
LICENSE FEE SCHEDULE
GENERAL BUSINESSES:
Square Footage
Registration &
License Fee
Special Services
& Regulatory
Inspection Fee Total Fee 0 - 199 $25 $ 0 $ 25
200 - 999 25 25 50 1,000 - 1,999 25 50 75
2,000 - 4,999 25 100 125
5,000 - 9,999 25 175 200
10,000 & Over 25 225 250
SPECIFIC BUSINESSES:
Registration
& License
Fee
Special
Services &
Regulatory
Inspection Fee Total Fee
Itinerant Vendors $25 $5 $30
Home Occupation 10 -0- 10
Transient Merchants 25 50 75 Pawnbrokers 25 125 150
Carnivals/Rodeos/Fairs Per Visit not 25 200 225
Page 158 of 924
to exceed 7 consecutive days
Going-Out-Of-Business 25 25 50
Hotels/Motels
1 -- 15 Rooms 25 25 50
15 + Rooms (+$2/Rm)* 25 25+* Varies
Transfer Fee 10 -0- 10 Amusement Games/Machine (M) 15/M 15/M
Machines depicting sexual
activity/Machine (M)
25/M 75/M 100/M
(Code ????, § 5.05.010; Ord. No. 1273, § 7(A), 1988)
5.05.020 Allocation of fees.
All fees collected under this title shall be deposited by the city treasurer in the city's general
fund and be used to support the various departments, divisions, and activities of the city
which provide regulation and to recover the costs of the administering of this title.
(Code ????, § 5.05.020; Ord. No. 1273, § 7(B), 1988)
5.05.030 Prorated fee for new general businesses.
The license fee of any new general business commenced after the beginning of the license period will be prorated on a semiannual basis.
(Code ????, § 5.05.030; Ord. No. 1273, § 7(C), 1988)
5.05.040 Rebate of fee--General prohibition.
No rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such
license ineffective.
(Code ????, § 5.05.040; Ord. No. 1273, § 7(D), 1988)
Chapter 5.08
AIRCRAFT*
*State law reference--Aeronautics, MCA 67-1-101 et seq.
Sections:
5.08.010 Throwing objects from airplanes prohibited--Exceptions.
5.08.020 Commercial enterprises involving aircraft--Permit required.
5.08.010 Throwing objects from airplanes prohibited--Exceptions.
No person in any aircraft or mechanical contrivance used for flying shall cause or permit to be
thrown out, dropped, discharged, hurled or released within the corporate limits of the city any
object or thing of any kind or description from said aircraft or mechanical contrivance used for
flying, except loose water or gasoline or loose sand ballast when absolutely essential to the
safety of the occupants of the aircraft, and except as provided in Section 5.08.020 of this
chapter. It is declared to be the intention hereof that this section shall be strictly construed,
and shall prohibit the distribution of handbills, circulars, cards, papers, magazines or other printed matter from such aircraft or mechanical contrivance used for flying, except as provided
Page 159 of 924
in Section 5.08.020 of this chapter.
(Prior code, § 6.06.010; Code ????, § 5.08.010)
5.08.020 Commercial enterprises involving aircraft--Permit required.
No person shall distribute printed or written matter of any kind from, make public exhibition
flights in, carry or tow banners on or from, operate a loudspeaking device from, or carry explosives in any aircraft or mechanical contrivance used for flying within and over the
corporate limits of the city, without first obtaining a permit to do so from the director of public
safety. The director of public safety is authorized to issue permits to the pilots or operators of
aircraft or mechanical contrivances used for flying for the purposes set forth, if the person
operating the aircraft or mechanical contrivance is duly licensed by the Federal Aviation Administration and if, in his judgment, the operation thereof will not endanger public safety of
the inhabitants of the city and will promote some interest or cause for the benefit of the city itself, its citizens or the citizens of the United States. Such permit shall set forth the nature
and extent of the operation for which the permit is issued and the duration of the permit.
(Prior code, § 6.06.020; Code ????, § 5.08.020)
Chapter 5.12
BEER*58
*State law reference—Montana Alcoholic Beverage Code, MCA 16-1-101 et seq.
Sections:
5.12.010 Applicability.
5.12.020 License--Exceptions.
5.12.030 City license required--Application--License fees. 5.12.040 Form of city license.
5.12.050 Special permits--When granted. 5.12.060 Special permits--Limitations--Fees.
5.12.070 City license not transferable--Exceptions.
5.12.080 City license suspension or revocation conditions.
5.12.090 City license fees.
5.12.100 Inspection and control of premises.
5.12.110 Restrictions on drinking in a public place.
5.12.120 Violation--Penalty.
5.12.010 Applicability.
A. For the purposes of this chapter, the definitions, words, phrases and expressions as set
forth in this chapter are to be construed the same as those set forth in the Montana Alcoholic
Beverage Code. Wherever the words "Montana Alcoholic Beverage Code" are used in this
chapter, they shall be held and construed to refer to that code.
B. All of the prohibitory and regulatory provisions contained in the Montana Alcoholic
Beverage Code are adopted as provisions of this chapter and all licenses issued under the
provisions of this chapter shall be subject to all applicable prohibitory and regulatory
58 The title should be alcoholic beverages. Is this chapter intended to apply to only beer and wine?
In places it seems to apply to all alcoholic beverages, but then you have chapter 5.52.
Page 160 of 924
provisions of the code in addition to the provisions of this chapter.
(Prior code, § 4.04.010; Code ????, § 5.12.010; Ord. No. 1492, § 1, 1999)
5.12.020 License--Exceptions.
A. The sale of alcoholic beverages is permitted only in districts authorized in Title 18 of
this code to allow such sales.
B. The limitations set forth in MCA 16-3-306(1) do not apply to restaurants holding a
"restaurant beer and wine license" also known as a "cabaret beer and wine license" nor to
those owning a "catering endorsement" as those terms are defined in the Montana Alcoholic
Beverage Code. However, nothing in this chapter shall be construed to allow the business license to be unilaterally approved and all must apply for and receive a conditional use permit
as set forth in Title 18 of this code.
(Prior Code, § 4.04.020; Code ????, § 5.12.020; Ord. No. 1492, § 2, 1999)
5.12.030 City license required--Application--License fees.
A. No person shall manufacture or sell alcohol in the city, under the provisions of the
Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so from the city. Application for a city license shall be made to the city commission on a form to be
provided by the director of finance. Separate licenses shall be required for the sale of beer and for the sale of wine. The application will be signed by the applicant, notarized, include the
license fee and contain, at a minimum, the following information:
1. Applicant's name, age, and address;
2. The business' name and address or, in the case of a transfer or relocation, the address
of the proposed new location;
3. The type of alcohol beverage license either applied for or granted by the state of
Montana, when it was applied for, date it was granted and expiration date;
4. A short statement of the applicant's purpose for obtaining the license;
5. A short explanation for the applicant's benefit explaining the city's authority to revoke or suspend the business license in response to a similar action by the state of Montana.
B. The application shall be filed with the clerk of the commission and presented for the
consideration of the commission. The commission may, in its discretion, postpone any action
for investigation or other good cause. The action of the commission with reference to the application shall be recorded in the meeting's minutes.
C. If the application is rejected, the reasons must be noted in the minute entry, the
applicant notified, and the tendered fee returned.
D. License fees must be payable in advance and shall accompany the application therefore,
whether original or renewal. All licenses under this chapter will expire at midnight of December
31st, in the year for which such license is issued. In the event that a license is granted after
June 30th of any year, the license fee will be one-half of the entire yearly license.
E. If the entire yearly license fee has been paid in advance and the business under the
Page 161 of 924
license is discontinued before July 1st in the year in which such license is granted, the director
of finance will refund one-half of the yearly license fee upon surrender of the license, make an
appropriate book entry, and report to the commission.
(Code ????, § 5.12.030)
5.12.040 Form of city license.
A. Licenses issued under the provisions of this chapter must be prominently posted in the business and will contain, at a minimum, the following information:
1. The licensee's name and the business' name and address;
2. The purpose for the license;
3. The expiration date of the license; and
4. The minute book and page number containing the commission's approval.
B. The director of finance will keep an accurate record of all licenses issued under this
chapter, showing the date issued, the minute book and page where authority for its issuance is found, the date of issuance, to whom issued, the amount collected, the date of expiration, a
description of the premises, change of location, or transfer, if any, and minute entry showing authority therefor, and any other pertinent fact with reference to such license, so that the
same may be conveniently available.
(Prior code, § 4.04.040; Code ????, § 5.12.040; Ord. No. 1492, § 4, 1999)
5.12.050 Special permits--When granted.
A. The city commission, in its discretion and upon application, may grant a special permit
to sell beer or wine for consumption on the premises to the following:
1. Any association or corporation conducting a picnic, convention, fair, civic or community
enterprise or sporting event within the city limits;
2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or
attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and
3. Any other organization or for any other reason the city commission, in its discretion,
determines should be allowed to serve or sell alcohol during a function.
B. The application for a special permit shall be granted only upon the organization
acquiring a special permit from the state of Montana as provided in the Montana Alcoholic Beverage Code. The applicant must specify the location and nature of the event and the period
it is scheduled to be held. All applications will be signed by one or more of the association's
officers, will be notarized and will be accompanied by the amount of the permit fee. The
permit issued under this section will not authorize the sale of beer or wine for a longer period
than one day before the event is scheduled to begin and one day after the event has been
concluded.
(Prior code, § 4.04.050; Code ????, § 5.12.060; Ord. No. 1492, § 5, 1999)
Page 162 of 924
5.12.060 Special permits--Limitations--Fees.
The city commission will, on an annual basis, set the fee for alcohol licenses as well as special
permits by resolution.
(Prior code, § 4.04.055; Code ????, § 5.12.060; Ord. No. 1492, § 6, 1999)
5.12.070 City license not transferable--Exceptions.
No license issued under the provisions of this chapter shall be transferable except as provided
in the Montana Alcoholic Beverage Code, and then only after such transfer is approved by the
city commission after written application for permission to transfer. Such application shall be in
writing, and the same form as in the original business license application in accordance with 5.12.030 herein.
(Prior code, § 4.04.060, Code ????, § 5.12.070; Ord. No. 1492, § 7, 1999)
5.12.080 City license suspension or revocation conditions.
The revocation or suspension of any license or permit granted under the provisions of the
Montana Alcoholic Beverage Code will also operate as a suspension or revocation, as the case
may be, of any license granted under this chapter.
(Prior code, § 4.04.080; Code ????, § 5.12.080; Ord. No. 1492, § 8, 1999)
5.12.090 City license fees.
A. The License Fees under this chapter shall be established by resolution.
B. License fees under this chapter are payable with the application and subject to the half-
yearly rate as hereinbefore provided. Fees and fines collected under this chapter shall be allocated to the "protection of life and property fund" of the City of Bozeman; it being hereby
recited that licenses imposed under the provisions of this chapter are exclusively for the
purpose of defraying the cost of necessary police regulation, inspection, and control under the
police power of the city, and not for revenue, and that any business licensed under this
chapter requires, and is subject to, the general police regulations of the city for the safety,
health, peace, quietness, and good order of the city and the inhabitants thereof.
C. All fees provided for in this chapter are in addition to any and all other license fees
required to be paid under any other ordinance of the city."
(Prior code, § 4.04.090; Code ????, § 5.12.090; Ord. No. 1722, § 1, 10-15-2007)
5.12.100 Inspection and control of premises.
Any business licensed under this chapter shall at all times be subject to the police inspection
and control of the city. The licensee, and/or employees of such licensee, hereunder, shall at all times permit any member of the city commission, city manager, city attorney, director of
finance, health officer, and member of the police force of the city, and they and/or any of them
shall have the right to enter the premises where such licensed business is conducted for
inspection of such premises and every part thereof, and for exercise of police supervision,
inspection and control thereof, including arrests, so long as any business licensed under this
chapter shall be conducted therein or in any part thereof. Denial, restriction or obstruction of
such right or permission shall be deemed a violation of this chapter, make any license granted hereunder subject to revocation or suspension forthwith, and subject the offender to the fines
Page 163 of 924
and penalties herein provided.
(Prior code, § 4.04.100; Code ????, § 5.12.100)
5.12.110 Restrictions on drinking in a public place.59
"Public place" includes any place, building or vehicle to which the public has, or is permitted to
have access and any place of public resort. It is unlawful for any person to drink beer60 in any
public place in the city and within the jurisdiction thereof, except where the sale and drinking
of beer is licensed and/or permitted under the provisions of this chapter.
(Prior code, § 4.04.110; Code ????, § 5.12.110)
5.12.120 Violation--Penalty.
Every person, including those employed in or in connection with any business licensed under
this chapter, who is convicted in the police court of the city of any violation of this chapter
shall be subject to a fine of not more than three hundred dollars, or imprisonment in the city
or county jail for not less than ten days nor more than six months, or both such fine and
imprisonment; and in addition to such fine and imprisonment, or either, if the convicted person
is a licensee under this chapter, or an employee of such licensee engaged in or about, or in
connection with, the conduct or operation of the business so licensed, such license may be revoked or suspended, as provided in Section 5.12.080 of this chapter.
(Prior code, § 4.04.120; Code ????, § 5.12.120)
Chapter 5.32
PAWNBROKERS AND SECONDHAND DEALERS*
*State law references--Pawnbrokers, MCA 31-1-401 et seq.
Sections:
5.32.010 License required.
5.32.020 Definitions.
5.32.030 License--Application--Fee. 5.32.040 Register required.
5.32.050 Register--Examination by police. 5.32.060 Purchases from minors.
5.32.070 Duration articles must be held.
5.32.010 License required.
Every pawnbroker and secondhand dealer before doing any business in the city shall first
procure a license therefor as provided in Chapter 5.04.
(Prior code, § 3.32.010; Code ????, § 5.32.010; Ord. No. 1117, § 9, 1982)
5.32.020 Definitions.
59 This section appears to be superseded by Code ch. 9.70. 60 What about wine and liquor?
Page 164 of 924
As used in this chapter, the following words shall have the following meanings:
A. "Pawnbroker" means any person whose business it is to take or receive by way of
pledge, pawn or exchange, any goods, wares or merchandise, or any kind of personal property
whatever, for the repayment or security of money loaned thereon.
B. "Secondhand dealer" means any person who engages in the business of buying and
selling secondhand goods, wares or merchandise, of any kind whatever. (Prior code, §
3.32.020; Code ????, § 5.32.020; Ord. No. 1117, § 9, 1982)
5.32.030 License--Application--Fee.
Every pawnbroker or secondhand dealer desiring to do business in the city shall file with the director of finance an application as required in Chapter 5.04 and pay the fee as required in
Chapter 5.06.
(Prior code, § 3.32.030; Code ????, § 5.32.030; Ord. No. 1117, § 9, 1982)
5.32.040 Register required.61
Every person licensed under the provisions of this chapter shall keep a book in which shall be entered, in legible writing, the name of all articles, and the description of each (when
practicable), purchased or taken as a pledge, pawn, or security for money paid, advanced, or
loaned thereon, and such register and the property so purchased or taken, together with the
names and residences of the person from whom such property was purchased or taken, shall
at all times be subject to examination as required in Section 5.32.050.
1. Every pawnbroker shall keep a database of records sufficient to identify each pledge, contract for purchase or purchase transaction, and each forfeiture of property pursuant to the
terms of a contract for purchase. Every customer shall provide to the pawnbroker the following information for such records:
(a) The customer's name and date of birth;
(b) The current street address, city, state and zip code of the customer's residence;
(c) The customer's identification from which will be of one or more of the following:
● A valid state identification card;
● A valid state driver's license;
● A military identification card;
● A valid passport;
● An alien registration card;
61 MCA 31-1-402 also requires: (b) date when the article must be redeemed;
Page 165 of 924
● An official identification document lawfully issued by a state or federal government
2. All transactions shall be kept in a numerical register in the order in which they occur,
which register shall show the printed name and written or electronic signature of the pawnbroker or agent, the purchase price or other monetary amount of the transaction, the
date, time and place of the transaction, and an accurate and detailed account and description of each item of tangible personal property involved, including, but not limited to, any and all
trademarks, identification numbers, serial numbers, model numbers, owner-applied numbers,
brand names or other identifying marks on such property.
(Prior code, § 3.32.040; Code ????, § 5.32.040; Ord. No. 1117, § 9, 1982; Ord. No. 1734, § 1,
1-14-2008)
5.32.050 Register--Examination by police.
No person keeping Records as required in Section 5.32.040 shall fail, neglect, or refuse to
exhibit the same to the Chief of Police, or any policeman, or any third party accompanied by
such officer, or any person brought as a friend to redeem property pledged by another, when
requested to do so, or refuse to permit the Chief of Police, or any policeman, or any third party
brought by a pledge or to redeem the property pledged, to inspect any such article purchased or received.
(Prior code, § 3.32.050; Code ????, § 5.32.050; Ord. No. 1117, § 9, 1982; Ord. No. 1734, § 2,
1-14-2008)
5.32.060 Persons From Whom Articles Shall Not Be Taken.
It shall be unlawful for any pawnbroker, secondhand dealer or valuable article dealer to
receive, purchase or trade any article from a person who is under the influence of alcohol, under the influence of drugs, or under the age of eighteen (18) years.
(Prior code, § 3.32.060; Code ????, § 5.32.060; Ord. No. 1117, § 9, 1982; Ord. No. 1734, § 3,
1-14-2008)
5.32.070 Duration articles must be held.
A pawnbroker shall hold all purchases made through a purchase transaction for a period of ten
(10) days, during which time the property shall not be disposed of or altered from the form in which it was received. The holding period shall begin on the day the purchase transaction is
uploaded into the Bozeman Police Department designated database.
(Prior code, § 3.32.070; Code ????, § 5.32.070; Ord. No. 1117, § 9, 1982; Ord. No. 1734, § 4,
1-14-2008)
5.32.080 Internet Subscription Requirements
Every pawnbroker shall own, maintain and operate a computer system with internet access. Every pawn shop or pawnbroker shall file all records electronically on a daily basis directly to
the Bozeman Police Department and/or to an internet subscription service designated as an
agent of the police department as prescribed by the Chief of Police. The pawn shop or pawn
broker shall enter and upload all information from its database of records regarding contract
for purchase, pledges, and purchase transactions.
(Ord. No. 1734, § 5, 1-14-2008)
Page 166 of 924
5.32.90 Requirement for Records
1. All records required to be kept under this chapter must be kept in the English language,
in a legible manner and shall be preserved and made accessible for inspection for a period of
three (3) years after the date of redemption or forfeiture and sale of the property.
2. Upon demand of any Bozeman Police Department or agent, the pawnbroker shall
produce and show any tangible personal property given to the pawnbroker in connection with
any contract for purchase or purchase transaction. The pawnbroker's database shall list the
date on which each contract for purchase was canceled, whether it was redeemed, or forfeited or sold, and, upon demand, such records shall be made available to any Bozeman Police
Department officer or agent.
(Ord. No. 1734, § 6, 1-14-2008)
5.32.100 Declaration of Ownership
1. The pawnbroker shall at the time of making the loan contract for purchase or purchase
transaction obtain a written declaration of ownership from the customer stating whether the property that is the subject of the transaction is solely owned by the customer and, if not
solely owned by the customer, the customer shall attach a power of attorney from all co-owners of the property authorizing the customer to sell or otherwise dispose of the property;
2. The pawnbroker shall require the customer to sign his or her name, in the presence of
the pawnbroker on the declaration of ownership.
(Ord. No. 1734, § 7, 1-14-2008)
5.32.110 Penalty62
Any person violating or failing to comply with any of the provisions of this article shall be guilty
of a misdemeanor. A separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
(Ord. No. 1734, § 8, 1-14-2008)
Chapter 5.40
HOTEL GUEST REGISTERS*
*State law reference--Hotels, motels and roominghouses, MCA 50-51-101 et seq.
Sections:
5.40.010 Definition--Hotel.
5.40.020 Guest.
5.40.030 Failure to sign register--False entries.
5.40.010 Definition--Hotel.
62 This section is covered by the general penalty.
Page 167 of 924
For purposes of this chapter the word "hotel" means and includes motels, inns,
boardinghouses and lodginghouses.
(Prior code, § 3.04.010; Code ????, § 5.40.010; Ord. No. 1117, § 11, 1982)
5.40.020 Guest.
A. Within the meaning of this chapter a "guest" is any person who resorts to a hotel, as
defined in Section 5.04.010, within the limits of the city for refreshment or lodging for any
period of time during the day or night.
B. Every hotel in the city shall keep and maintain a register in which each guest shall enter their name and address upon the day of arrival.
C. Failure to provide or maintain such a register, or failure to require any guest to enter
their name and address therein on the day of arrival, or to knowingly enter or permit such
guest to enter a false or fictitious name or address in such register as the name and address
of such guest, shall be a violation of this chapter.
(Prior code, § 3.40.020; Code ????, § 5.40.020; Ord. No. 1117, § 11, 1982)
5.40.030 Failure to sign register--False entries.
Any guest who fails or refuses to enter their name and address in the register provided upon
their arrival, or who enters a false or ficitious name or address as his own in such register,
shall be deemed guilty of a violation of this chapter.
(Prior code, § 3.40.040; Code ????, § 5.40.030; Ord. No. 1117, § 11, 1982)
Chapter 5.52
LIQUOR--RETAIL SALE*63
*State law reference—Montana Alcoholic Beverage Code, MCA 16-1-101 et seq.
Sections:
5.52.010 Definitions.
5.52.020 City licenses--Requirements generally--Statutory provisions. 5.52.030 City licenses--Application--Form, contents and filing.
5.52.040 City licenses--Form of issuance. 5.52.050 Deposit and use of license fees.
5.52.060 Violation--Penalty.
5.52.10 Definitions.
5.52.11 Whenever used in this chapter, the words and phrases set out in Section 2 of Chapter 84 of
the Laws of the 25th Legislative Assembly of the State of Montana, 1937, codified as RCM Chapter 4--4, shall be given the interpretation and meaning given to such words and phrases
in Section 2, and all other words and phrases used in this chapter shall be given their usual
and ordinary meaning according to the common understanding and usage of the English
language.
63 I suggest moving this chapter next to chapter 5.12.
Page 168 of 924
(Prior code, § 4.08.010; Code ????, § 5.52.010)
5.52.020 City licenses--Requirements generally--Statutory provisions.
A. All licensees of the 64Montana Liquor Control Board licensed to sell liquor at retail in the
city shall pay therefore to the City an annual license fee, to be established by resolution.
The City will make such proportionate refund of any license paid under this chapter as is made
by the State, if any, for a part of the year when such licenses may be ineffective to permit
operations under it, up on like license issued by the 25th Legislative Assembly of the State,
1937, under the provisions of which this chapter is adopted."
(Prior code, § 4.08.020; Code ????, § 5.52.020; Ord. No. 1722, § 2, 10-15-2007)
5.52.030 City licenses--Application--Form, contents and filing.
A. Applications for license under the provisions of this chapter shall be in writing, signed
and sworned to by the applicant before a person authorized to administer oaths, and be
substantially in the following form:
City of Bozeman, Montana
Application for License to Sell Liquor at Retail Under Chapter 5.52 of the Bozeman Code
Date____________________
I, ____________________, hereby make application to the City Commission of the City of
Bozeman for a license to sell liquor at retail in the City of Bozeman at the premises known and
described as ____________________ __________, in said City, and I hereby state:
That I am the holder of a license from Montana State Liquor Control Board to sell liquor at
retail in the City of Bozeman at the above described premises.
That said license is dated ____________________, 2019_____, and is Numbered
__________.
That said license is in full force and effect and has not been suspended nor revoked.
I agree that if the license hereby applied for is granted it
1. Shall expire with the expiration of the license from Montana Liquor Control Board in this
application above described.
2. Shall be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, all rules and regulations adopted and promulgated by
Montana Liquor Control Board pursuant to the provisions of Section 22 of said Chapter 84, all
of the provisions of Chapter 5.52 of the City of Bozeman under which this application is made,
and all other applicable ordinances of the City of Bozeman where not in conflict with the
provisions of said Chapter 84 and said rules and regulations.
64 Should this now be the state department of revenue throughout?
Page 169 of 924
3. Shall stand suspended or revoked upon suspension or revocation of the license from
Montana Liquor Control Board, hereinabove referred to and described.
4. Shall not be transferable.
The fee of $__________ for the license hereby applied for accompanies this application and is tendered herewith.
(Signed)____________________
Subscribed and sworn to before me this _____ day of ____________________, 19_____.
____________________
B. Such application shall be filed with the clerk of the city commission and be presented by
the clerk to the commission at its first regular meeting after such filing.
(Prior code, § 4.08.030; Code ????, § 5.52.030)
5.52.040 City licenses--Form of issuance.
Any license issued under the provisions of this chapter shall be substantially in the following form:
CITY OF BOZEMAN, MONTANA
Retail Liquor License
____________________ is hereby licensed to sell liquor at retail at the premises known and described as __________, Bozeman, Montana, subject to all of the provisions of Chapter 84 of
the Laws of the 25th Legislative Assembly of the State of Montana, 1937, the rules and
regulations adopted and promulgated by Montana Liquor Control Board pursuant to Section 22
of said Chapter 84, of all of the provisions of Chapter 5.52 of the city code, and all other
applicable city ordinances where not in conflict with the provisions of Chapter 84, and said
rules and regulations.
This license runs concurrently, and expires, with the license issued by Montana Liquor Control
Board to the above named __________ __________, which is dated
____________________, 2019_____, and is numbered ____________________.
This license must be posted in a conspicuous place in the premises above described and
alongside the license from Montana Liquor Control Board as above dated and numbered.
____________________________________
Director of Finance, City of Bozeman
By__________________________________
Assistant
(Prior code, § 4.08.040; Code ????, § 5.52.040)
5.52.050 Deposit and use of license fees.
Page 170 of 924
Fees and fines collected under this chapter shall be allocated to the "protection of life and
property fund" of the city, it being hereby recited that licenses imposed under the provisions of
this chapter are exclusively for the purpose of defraying the cost of necessary police
regulation, inspection and control under the police power of the city, and not for revenue, and
that any business licensed under this chapter requires and is subject to the general police
regulations of the city for the safety, health, peace, quietness and good order of the city and the inhabitants thereof. All fees provided for in this chapter are in addition to any and all other
license fees required to be paid under any other city ordinance.
(Prior code, § 4.08.060; Code ????, § 5.52.060)
5.52.060 Violation--Penalty.
Every person (as defined by Subsection 6 of Section 2 of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana) who violates any of the provisions of this
chapter, shall, upon conviction thereof in the police court, be fined in a sum not exceeding three hundred dollars or by imprisonment in the city or county jail for not exceeding ninety
days, or by both such fine and imprisonment; and the police magistrate, upon such conviction,
shall certify the same forthwith to the city commission who may, in its discretion, forward such
certificate to the Montana Liquor Control Board with a request that the license issued to the
offender by such board be suspended or revoked, pursuant to the provisions of Chapter 84 applicable to such case.
(Prior code, § 4.08.050; Code ????, § 5.52.060)
65Editor's Note: Present liquor control regulations are codified under the Montana
Alcoholic Beverage Code at MCA § 16-1-101 et seq.
Chapter 5.56
GAMING
Sections:
5.56.010 Hours of operation of authorized live card games.
5.56.010 Hours of operation of authorized live card games.
Pursuant to MCA 23-5-307, the hours during which live card games authorized by the state of Montana may be played within the jurisdictional limits of the city, include the hours between
two a.m. and eight a.m., thereby extending the playing time beyond the two a.m. to eight
a.m. closing times established by state law.
(Code ????, § 5.56.010; Ord. No. 1283, § 1, 1989)
Chapter 5.60
GOING-OUT-OF-BUSINESS SALES
Sections:
5.60.010 Definitions.
65 Change to Montana Alcoholic Beverage Code throughout?
Page 171 of 924
5.60.020 License required.
5.60.030 Established business requisite.
5.60.040 Exception for survivors of businessmen.
5.60.050 Denial of future business licenses.
5.60.060 Location restricted.
5.60.070 Exemptions from provisions designated. 5.60.080 License--Application requirements.
5.60.090 License--Fee.
5.60.100 License--Issuance.
5.60.110 License--Period.
5.60.130 Nature of sale allowed. 5.60.140 Saleable goods allowed.
5.60.150 License nontransferable. 5.60.160 Duties of licensee.
5.60.170 License display--Merchandise examination--Advertisement regulations.
5.60.010 Definitions.
The following words, as used in this chapter, shall have the following meanings:
A. "Fire and other altered goods sale" means a sale held out in such a manner as to
reasonably cause the public to believe that the sale will offer goods damaged or altered by
fire, smoke, water or other means.
B. "Going-out-of-business sale" means a sale held out in such a manner as to reasonably
cause the public to believe that upon the disposal of the stock of goods on hand, the business
will cease and be discontinued, including but not limited to the following sales: adjuster's, adjustment, alteration, assignee, bankrupt, benefit of creditor's, benefit of trustees, building
coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvents', last days, lease expires, liquidation, loss of lease, mortgage
sale, receiver's, trustee's and quitting business.
C. "Goods" means and includes any goods, wares, merchandise or other property capable
of being the object of a sale regulated hereunder.
D. "Relocation of business" means a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at
the place of sale upon disposal of the stock of goods on hand and will then move to and
resume business at a new location in the city or will then continue business from other
existing locations in the city.
(Prior code, § 3.60.010; Code ????, § 5.60.010; Ord. No. 1117, § 14, 1982)
5.60.020 License required.
A license issued by the license officer shall be obtained by any person before offering to sell
any goods at a sale to be advertised or held out by means to be one of the following kind:
A. Going-out-of-business sale;
B. Relocation of business sale.
(Prior code, § 3.60.020; Code ????, § 5.60.020; Ord. No. 1273, § 12(A), 1988: Ord. No. 1117,
Page 172 of 924
§ 14, 1982)
5.60.030 Established business requisite.
Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least twelve months prior to the date of
the proposed sale shall not be granted a license, except that this minimum may be waived by the license officer with concurrence of the city manager and the following proper application of
the owner of such business when such application shows that a hardship exists.
(Code ????, § 5.60.030; Ord. No. 1117, § 14, 1982; Ord. No. 1273 § 12(B), 1988;)
5.60.040 Exception for survivors of businessmen.
Upon the death of a person doing business in this city, his or her heirs, devisees or legatees
shall have the right to apply at any time for a license hereunder.
(Prior code, § 3.60.040, Code ????, § 5.60.040; Ord. No. 1117 § 14, 1982)
5.60.050 Denial of future business licenses.
Any person who had held a sale, or who is directly or indirectly related to the business issued
a going-out-of-business license, may be denied a new city business license for the same or similar business for a period of ninety days after the expiration of the going-out-of-business
license.
(Code ????, § 5.60.050; Ord. No. 1273 § 12(C), 1988; Ord. No. 1117, § 14, 1982)
5.60.060 Location restricted.
Where a person applying for a license hereunder operates more than one place of business,
the license issued shall apply only to the one store, or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it, or in any
way participating in the licensed sale, nor shall the store or branch conducting the licensed
sale advertise or represent that any other store or branch is cooperating with it or participating
in any way in the licensed sale.
(Prior code, § 3.60.060; Code ????, § 5.60.060; Ord. No. 1117, § 14, 1982:)
5.60.070 Exemptions from provisions designated.
The provisions of this chapter shall not apply to or affect the following persons:
A. Persons acting pursuant to an order or process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officials;
C. Duly licensed auctioneer, selling at an auction;
D. Persons conducting a sale of the type regulated herein on the effective date of the
ordinance codified in this chapter, unless such sale is continued for a period of more than
thirty days from and after such effective date, in which event such person, at the lapse of the
thirty day period, shall comply with the provisions of this chapter;
E. Any publisher of a newspaper, magazine, or other publication who publishes in good
Page 173 of 924
faith any advertisement without knowledge of its false, deceptive or misleading character, or
without knowledge that the provisions of this chapter have not been complied with.
(Prior code, § 3.60.070; Code ????, § 5.60.070; Ord. No. 1117, § 14, 1982)
5.60.080 License--Application requirements.
A person desiring to conduct a sale regulated by this chapter shall make a written application a minimum of two weeks prior to the date the sale is to commence to the director of finance,
setting forth and containing the following information:
A. The true name and address of the owner of the goods to be the object of the sale;
B. The true name and address of the person from whom he purchased the goods to be
sold and the price therefor, and if not purchased, the manner of such acquisition;
C. A description of the place where such sale is to be held;
D. The nature of the occupancy, whether by lease or sublease and the effective date of
termination of such occupancy;
E. The dates of the period of time in which the sale is to be conducted;
F. A full and complete statement of the facts in regard to the sale, including the reason for
the urgent and expeditious disposal of goods thereby and the manner in which the sale will be
conducted;
G. A complete and detailed inventory of the goods to be sold at such sale as disclosed by
the applicant's records. The inventory shall be attached to and become part of the required application.
1. Bona Fide Orders. All goods included in such inventory shall have been purchased by
the applicant for resale on bona fide orders without cancellation privileges and shall not
comprise goods purchased on consignment,
2. Goods Purchased for Sale Hereunder. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to
the stock of goods of the business hereby affected within ninety days before the filing of an
application hereunder shall be deemed to be of such character.
(Prior code, § 3.60.080; Code ????, § 5.60.080; Ord. No. 1117, § 14, 1982)
5.60.090 License--Fee.
An applicant for a license hereunder shall submit to the director of finance an application along with the fee as required in Chapter 5.06.
(Prior code, § 3.60.090; Code ????, § 5.60.090; Ord. No. 1117, § 14, 1982)
5.60.100 License--Issuance.
Licenses shall be issued hereunder on the following terms:
A. Upon tender to the director of finance to the city of the applicant's business license for
Page 174 of 924
revocation;
B. Upon issuance of a going-out-of-business license at applicant's business location;
C. Upon being revoked and terminated.
(Prior code, § 3.60.100; Code ????, § 5.60.100; Ord. No. 1117, § 14, 1982)
5.60.110 License--Period.66
The license shall authorize the sale described in the application for a period of not more than
sixty consecutive days, for inventory valued at under five hundred thousand dollars, and
ninety days for inventory of five hundred thousand dollars and over, Sundays and legal
holidays included, following the issuance thereof.
(Prior code, § 3.60.110; Code ????, § 5.60.110; Ord. No. 1273, § 12 (D), 1988; Ord. No.
1117, § 14, 1982:)
5.60.130 Nature of sale allowed.
The license shall authorize only the one type of sale described in the application at the location
named therein.
(Prior code, § 3.60.130; Code ????, § 5.60.130; Ord. No. 1117, § 14, 1982)
5.60.140 Saleable goods allowed.
The license shall authorize only the sale of goods described in the inventory attached to the
application.
(Prior code, § 3.60.140; Code ????, § 5.60.140; Ord. No. 1117, § 14, 1982)
5.60.150 License nontransferable.
Any license herein provided for shall not be assignable or transferable.
(Prior code, § 3.60.150; Code ????, § 5.60.150; Ord. No. 1117, § 14, 1982)
5.60.160 Duties of licensee.
A. Adhere to Inventory. A licensee shall make no additions whatsoever, during the period
of the licensed sale, to the stock of goods to be sold.
B. Advertise Properly. A licensee shall refrain from employing any untrue, deceptive or
misleading advertising.
C. Adhere to Advertising. A licensee shall conduct the licensed sale in strict conformity
with any advertising or holding out, incident hereto.
D. Keep Duplicate Inventory. A licensee shall keep available at the place of sale a duplicate
copy of the inventory submitted with the application and shall present such duplicate to
inspecting officials upon request.
66 Would you like to raise these dollar values?
Page 175 of 924
E. Segregate Noninventoried Goods. A licensee shall keep any other goods separate and
apart from the goods listed in the field inventory as being objects of sale and shall make such
distinction clear to the public by placing tags on all inventoried goods in and about the place of
sale apprising the public of the status of all goods.
(Prior code, § 3.60.160; Code ????, § 5.60.160; Ord. No. 1117, § 14, 1982)
5.60.170 License display--Merchandise examination--Advertisement regulations.
On commencement of any sale as defined in Section 5.60.010, the license issued by the
director of finance shall be prominently displayed near the entrance to the premises. A
duplicate original of the application and stock list pursuant to which the license was issued shall at all times be on the premises and available to the director of finance and the licensee
shall permit the director of finance to examine all merchandise on the premises at any time during the period of the sale of comparison with such stock list. All advertisements and
advertising, and the language contained therein, shall be in accordance with the purpose of
the sale as stated in the application pursuant to which the license was issued and the wording
of such advertisements shall not vary from the wording as indicated in the application. Such
advertising shall in no manner or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the city. Such advertising shall contain a statement in
these words and no others:
Sale held pursuant to License No. __________ issued by the Director of Finance of the City of
Bozeman on the _______________ day of ____________________, 2019_____
and in such blank spaces shall be indicated the license number and the date and issuance of
the license.
(Prior code, § 3.60.170; Code ????, § 5.60.170; Ord. No. 1117, § 14, 1982)
Chapter 5.64
UNIFORM SAFETY CODE INSPECTION FEES67
Sections:
5.64.010 Inspection fees--Exemptions. 5.64.020 Definitions.
5.64.010 Inspection fees--Exemptions.
A. Every business and organization located in a building or office in the jurisdictional limits
of the city shall pay to the city a reasonable inspection fee to insure that the building or office
complies with the uniform safety codes.
B. In the enforcement of the uniform safety codes, the city commission by resolution shall
periodically establish a reasonable inspection fee taking into account the actual costs to the
city.
C. Exemptions. Those businesses and organizations with a current Bozeman business
67 It seems like this chapter would be better placed in title 15.
Page 176 of 924
license shall not be required to pay any additional uniform safety code inspection fee as the
licensing fee included an amount for the safety code inspection.
(Code ????, § 5.64.010; Ord. No. 1292, § 1, 1989)
5.64.020 Definitions.
As used in this chapter:
"Buildings and offices" means all buildings, structures, rooms, offices, or portions thereof
wherein a business or organization is located and which may be accessible to the public,
employees, or members or located in such close proximity to other buildings, structures,
rooms, offices, or portions thereof so as to constitute a public threat in the event of a uniform safety code violation.
"Business or organization" means any occupation, trade, profession, commercial activity, social
activity, fraternal activity or religious activity located or meeting regularly in buildings or
offices; includes sole proprietorships, partnerships, corporations, nonprofit corporations,
religious corporations, social organizations and fraternal organizations.
68"Uniform Safety Codes" means the most recent version of the following codes adopted by
the city:
1. Uniform Fire Code;
2. Uniform Building Code;
3. Uniform Abatement of Dangerous Buildings Code;
4. Uniform Plumbing Code;
5. National Electrical Code;
6. Uniform Mechanical Code;
7. CABO One and Two Family Dwelling Code;
8. Uniform Housing Code;
9. Uniform Sign Code.
(Code ????, § 5.64.020; Ord. No. 1292 § 2, 1989)
Chapter 5.68
VIOLATION--PENALTIES69
Sections:
5.68.010 Compliance regarding violations.
68 The Uniform Codes have been replaced by the International Codes. 69 I suggest placing this chapter either at the end of this title, or near the beginning of the title.
Page 177 of 924
5.68.020 Penalties.
5.68.030 Separability clause.
5.68.040 Review--Two years.
5.68.010 Compliance regarding violations.
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a
written complaint. Such complaint stating fully the causes and basis thereof shall be filed with
the director of finance, who shall make, or cause to be made, a complete investigation of the
allegations and take the appropriate action as provided by this title.
(Prior code, § 3.68.010; Code ????, § 5.68.010; Ord. No. 1117, § 16, 1982)
5.68.020 Penalties.70
Violation of the provisions of this title or failure to comply with any of its requirements shall
constitute a misdemeanor. Any person who violates this title or fails to comply with any of its
requirements shall upon conviction thereof be fined not less than one hundred dollars nor
more than five hundred dollars, or imprisoned not more than six months, or both, and in
addition shall pay all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense and punishable as such.
(Prior code, § 3.68.020; Code ????, § 5.68.020; Ord. No. 1117, § 16, 1982)
5.68.030 Separability clause.71
Should any section or provision of the ordinance codified in this title be declared by the courts
to be unconstitutional or invalid, such decision shall not affect the validity of this title as a
whole or any part thereof other than the part so declared unconstitutional or invalid.
(Prior code, § 3.68.030; Code ????, § 5.68.030; Ord. No. 1117, § 16, 1982)
5.68.040 Review--Two years.72
A. This title may be reviewed by the city commission for possible revision and update two
years from date of final passage and adoption.
B. This section shall not be construed so as to invalidate this title. It shall remain in full
force and effect during the period of review, or lack thereof, and shall be superseded only by ordinance as provided by state statute.
(Prior code, § 3.68.040; Code ????, § 5.68.030; Ord. No. 1117, § 16, 1982)
Chapter 5.70
EMERGENCY MEDICAL SERVICES*
*State law reference—Emergency medical services, MCA 50-6-101 et seq.
Sections:
70 This section is covered by the general penalty. 71 This sections is covered by Code § 1.01.100. 72 I don’t see the need for this section. All ordinances are subject to review at any time.
Page 178 of 924
5.70.010 Definitions.
5.70.020 License required.
5.70.030 Criteria for license.
5.70.040 Exemptions.
5.70.050 Cancellation of license.
5.70.060 Notice and hearing required. 5.70.070 Existing services.
5.70.080 Exemptions.
5.70.090 Penalty.
5.70.010 Definitions.
For purpose of this chapter, the following terms and words shall be the meanings set forth in this section, unless the context requires otherwise:
"Ambulance" means a privately or publicly owned motor vehicle or aircraft that is maintained
and used for transportation of patients.
"City" means the city of Bozeman, Montana.
"Emergency medical service" means a pre-hospital or inter-hospital emergency medical
transportation or treatment service provided by an ambulance or non-transporting medical
unit.
"Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or
helpless. The term does not include a person who is nonambulatory and who needs
transportation assistance solely because that person is confined to a wheelchair as the person's usual mode of mobility.
"Person" means an individual, firm, partnership, association, corporation, company, group of
individuals acting together for a common purpose or any other organization of any kind.
(Code ????, § 5.70.010; Ord. No. 1436, § 1, 1997)
5.70.020 License required.
A. A person may not conduct or operate an emergency medical service within the
corporate limits of the city without first obtaining a license from the city and otherwise
complying with the requirements of this chapter.
B. Applications for a license must be made in writing to the city's department of finance on
forms specified by the department.
C. Each license must be issued for a specific term which shall be concurrent with the term
for which the applicant is licensed by the 73Montana Department of Health and Environmental
Sciences pursuant to the provisions of Title 50, Chapter 6, Part 1, Montana Code Annotated
(MCA 50-6-101 et seq.). Renewal may be obtained by demonstrating renewal of the required
license by the Department of Health and Environmental Sciences and compliance with the
requirements of this chapter.
73 The statute provides licensing by the state department of public health and human services.
Page 179 of 924
D. There must be paid to the city, with each application for a license or for renewal of a
license, a license fee of five hundred dollars.74
E. The license is not transferable.
F. The license is nonexclusive.
(Code ????, § 5.70.020; Ord. No. 1436, § 1, 1997)
5.70.030 Criteria for license.
Any person desiring to obtain the license required by this section shall demonstrate the ability
to meet the following requirements:
A. The applicant must possess a current license from the Montana Department of Health
and Environmental Services to provide emergency medical services, both transport and
treatment services, at the advanced life support level.
B. The applicant must provide emergency medical services at the advance life support
level throughout the city, twenty-four hours per day, seven days per week.
C. The applicant must have adequate personnel, vehicles, equipment and facilities to
respond at the advance life support level to emergency calls to all locations within the
corporate limits of the city within eight minutes or less on at least ninety percent of such calls.
Ambulance response time to an emergency request shall be calculated as the actual elapsed
time in minutes and seconds from the moment the call is received by the applicant to the
moment the first capable unit arrives at the scene of the incident. Where multiple ambulances
are dispatched to the same emergency incident, only the response time of the first ambulance to arrive at the scene shall be counted.
75D. The applicant must have a commercial general liability policy, in a form acceptable to
the city, insuring the applicant for not less than the sum of ten million dollars, per occurrence,
for bodily injury or death and ten million dollars, per occurrence, for loss or damage to
property. Said policy shall name the city as an additional named insured. The applicant must
furnish proof of such insurance coverage prior to issuance of the license.
76E. The applicant must provide a performance bond, running to the city, in the amount of
two hundred fifty thousand dollars, conditioned upon applicant's full compliance with all
provisions of this chapter during the entire period that applicant is licensed by the city. Failure
to remain in compliance with all requirements of this section for the full license period, without
a written variance from the city, may result in cancellation of the license and, at the city's sole
option, forfeiture of the performance bond to the city.
F. The applicant must comply with all rules and regulations governing emergency medical services and emergency medical technicians as promulgated by the Montana Department of
Health and Environmental Sciences and the Board of Medical Examiners as contained in the
Administrative Rules of Montana.
74 Do you want the fee placed in the fee schedule in chapter 5.05? 75 Is the insurance amount high enough now? 76 Is the bond amount high enough now?
Page 180 of 924
(Code ????, § 5.70.030; Ord. No. 1436, § 1, 1997)
5.70.040 Exemptions.
Applicant shall be exempt from the response time and performance requirements of Section 5.70.030, only as follows:
A. Weather Conditions. In the event of an onset of such inclement weather that the city
fire chief or designee, in his/her sole discretion, believes that the threat to system wide
patient care outweighs the threat to the individual patient care from a delayed response time,
the city fire chief may declare a weather emergency, thus suspending response time
requirements. A weather emergency will be declared only in times of unusually hazardous driving conditions.
B. System Overload. During periods of unusual system overload, which shall mean that at
least two emergency responses are occurring simultaneously within the incorporated city
limits, applicant shall be exempt from the requirements of this chapter and shall use "best
efforts" to maintain coverage and performance throughout the incorporated city limits.
C. Declared Disaster. During a declared disaster either within the incorporated city limits or
in a neighboring community, and confirmed by the city fire chief, applicant shall be exempt from the requirements of this chapter and shall use "best efforts" to maintain coverage and
performance throughout the incorporated city limits.
(Code ????, § 5.70.040; Ord. No. 1436, § 1, 1997)
5.70.050 Cancellation of license.
The city may cancel a license if it finds that the licensee has:
A. Violated any provision of this chapter or of the rules promulgated by the Montana
Department of Health and Environmental Sciences or the Board of Medical Examiners, as
contained in the Administrative Rules of Montana.
B. Failed or refused to remedy or correct the violation within the time and in the manner directed by the city.
(Code ????, § 5.70.050; Ord. No. 1436, § 1, 1997)
5.70.060 Notice and hearing required.
The city shall not deny or cancel a license without:
A. Delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation or the charge involved.
B. An opportunity to answer at a hearing before the city commission to show cause, if any,
why the license should not be denied or cancelled.
After receipt of written notice of grounds for denial or cancellation or charges, any applicant or
licensee desiring a hearing before the city commission must make written application within
ten days.
(Code ????, § 5.70.060; Ord. No. 1436, § 1, 1997)
Page 181 of 924
5.70.070 Existing services.
Any person providing emergency medical services within the city as of the effective date of
this chapter shall have a period of one hundred twenty days to meet the requirements and
obtain the license required by this chapter.
(Code ????, § 5.70.070; Ord. No. 1436, § 1, 1997)
5.70.080 Exemptions.
The provisions and requirements of this chapter shall not apply to:
A. The fire department of the city.
B. Any person providing emergency medical services outside the city who, in the course of
providing such services, transports a patient from outside the city into or through the city.
C. Any person providing emergency medical services within the city who is providing such
services at the request of the city pursuant to a written mutual aid agreement between the city and the person.
(Code ????, § 5.70.080; Ord. No. 1436, § 1, 1997)
5.70.090 Penalty.77
In addition to all other penalties provided in this chapter, any persons violating the provisions
of this chapter shall, upon conviction thereof, be punished as provided in Section 1.16.010.
Each day such violation continues or occurs shall be considered a separate offense.
(Code ????, § 5.70.090; Ord. No. 1436, § 1, 1997)
77 This section is unnecessary.
Page 182 of 924
Page 183 of 924
Title 6
ANIMALS*
*State law references—Domestic animal control and protection, MCA 7-23-101 et seq.; livestock,
MCA 81-1-101 et seq.; fish and wildlife, MCA 87-1-101 et seq.
Chapters:
6.04 Animal Control
6.08 Cruelty to Animals
Chapter 6.04
ANIMAL CONTROL*
*State law reference—Domestic animal control and protection, MCA 7-23-101 et seq.
Sections:
6.04.010 Definitions.
6.04.020 Licenses--Requirements generally--Fee--Expiration.
6.04.030 Licenses--Exemptions from chapter applicability.
6.04.040 Licenses--Issuance and register conditions--Tag requirements.
6.04.050 Kennel licensing requirements--Limit on number of animals kept.
6.04.060 Keeping of exotic or wild animals. 6.04.070 Restraint and confinement.
6.04.080 Rabies prevention requirements--Tag--Penalty for violation.
6.04.090 Quarantine for dogs biting persons.
6.04.100 Rabies prevention requirements--Physician and veterinarian
responsibilities.
6.04.110 Nuisance animals prohibited--Complaints.
6.04.120 Impoundment--Authorized when--Records required. 6.04.130 Impoundment--Notice to owner--Redemption conditions.
6.04.140 Impoundment--Disposition of unredeemed animals.
6.04.150 Cruelty to animals prohibited.
6.04.160 Cleaning up after animals.
6.04.170 Enforcement--Animal control officer authority.
6.04.180 Prosecution for chapter violations--Liability of owners--Permit transfers.
6.04.190 Severability. 6.04.200 Criminal offenses.
6.04.210 Enforcement--Penalty for violations.
6.04.010 Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms shall have
the meaning ascribed to each:
A. "Animal" means any live creature, both domestic and wild, except humans. "Animal" includes fowl, fish and reptiles.
B. "Animal control officer" means all peace officers as that term is defined in Montana
state law as well as all duly appointed animal control officers and animal control supervisors
appointed by the city to carry out and enforce this chapter.
Page 184 of 924
C. "Animal shelter" means any premises provided by the city and maintained by the
poundmaster for impounding and caring for dogs and other animals, or any facility which
contracts with the city to provide such services.
D. "At large" means that an animal is off the premises of the owner, keeper or responsible
custodian of the animal, and not on a leash or confined within a kennel, cage, or motor vehicle, or otherwise under the immediate control of a person physically capable of restraining
the animal.
E. "Cruelty" means any act or omission whereby unjustifiable physical pain, suffering or
death of an animal is caused or permitted.
F. "Dangerous" or "vicious" animal means any animal that attacks, bites, or injures human beings, domestic animals, or livestock without adequate provocation, or which, because of its
nature, temperament, training, or other characteristics would constitute an unreasonable
danger to human life or property if not kept, maintained or confined in a safe and secure
manner. Any animal that without provocation has aggressively bitten or caused any physical
injury to any person shall be prima facie presumed vicious or dangerous.
G. "Exotic animal" means any wild or other animal which is not tame by nature, and includes but is not limited to: raccoon, fox, skunk, beaver, otter, wolf, wolf hybrid, bear, raptor,
alligator, crocodile, poisonous snake, monkey, swine, member of the feline species other than
domestic cat (felis domesticus), member of the canine species other than domestic dog (canis
familiaris), or any other animal that would require a standard of care and control greater than
that required for customary household pets sold by pet shops or domestic farm animals. The
term "exotic animal" does not include farm animals, rodents, domesticated ferret, and captive-
bred species of fish and common cage birds.
H. "Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, cats, or other animals
(excluding licensed pet shops). The term "kennel" shall also include any noncommercial
establishment or place where more than 78two dogs or two cats are kept, whether for
breeding or otherwise.
I. "Muzzle" means a humane device, securely fastened over the mouth of an animal, which prevents the animal from biting.
J. "Nuisance" means any animal that unreasonably annoys humans, endangers the life or
health of persons or other animals, or substantially interferes with the rights of citizens, other
than their owners, to enjoyment of life or property. The term "nuisance" shall include, but not
be limited to:
1. Any animal that is repeatedly (more than two separate occurrences) found running at
large;
2. Any dog in any section of a park or public recreation area which is not controlled by a
leash or similar physical restraint, except in such parks or public areas designated exempt
pursuant to Section 6.04.070(F);
78 I suggest adding an age requirement to allow for the occasional litter. See Code § 6.04.050.
Page 185 of 924
3. Any animal that damages, soils, defiles or defecates on any property other than that of
its owner;79
4. Any animal that makes disturbing noises, including but not limited to, continued and
repeated howling, barking, whining, or other utterances causing unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept
or harbored;
5. Any animal in heat that is not confined so as to prevent attraction or contact with other
animals;
6. Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public
right-of-way;
7. Any animal that chases motor vehicles in a public right-of-way;
8. Any animal that attacks domestic animals;
9. Any animal that causes unsanitary conditions in enclosures or surroundings where the
animal is kept or harbored;
10. Any animal that is offensive or dangerous to the public health, safety or welfare by
virtue of the number of animals maintained at a single residence or the inadequacy of the
facilities.
K. "Owner" means any person, group of persons, or corporation having temporary or
permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this chapter.
80L. "Poundmaster" means the operator of the city animal shelter or any operator of a
facility contracting with the city to provide the services of an animal shelter.
M. "Under restraint" means that an animal is secured by a leash not to exceed six feet in length or securely enclosed within the real property limits of the owner's premises.
(Code ????, § 6.04.010; Ord. No. 1463 § 1, 1998: Ord. No. 1446, § 1, 1997; Ord. No. 1085, §
1, 1981)
6.04.020 Licenses--Requirements generally--Fee--Expiration.
A. Every person, other than owners or keepers of commercial kennels, owning, keeping or
harboring any dog over six months of age within the corporate limits of Bozeman, shall cause such dog to be registered, numbered and licensed annually with the department of finance of
the city, and shall pay for such license an amount as set by resolution81 of the city
commission. Any owner claiming that his dog has been spayed or neutered must show to the
79 What if the animal owner uses a pooper scooper? See Code § 6.04.160. 80 Do you still use this term? 81 Do you want all fees, charges, deposits, bond and insurance amounts to be adopted by
resolution?
Page 186 of 924
satisfaction of the licensing authority that such operation has been performed. No license of
any type shall be issued without proof of vaccination against rabies disease. First-time licenses
issued after July 1st shall be prorated on a semiannual basis. All licenses shall expire on
December 31st of the year of issuance. A late licensing fee will be assessed upon all renewal
licenses issued after February 15th of the current license year pursuant to the fee schedule.
B. Every person owning, keeping, or harboring any cat over six months of age within the
corporate limits, shall cause such cat to be registered and numbered annually with the
department of finance of the city, and shall pay for such registration an amount as set by
resolution of the city commission. Any owner claiming that his cat has been spayed or
neutered must show to the satisfaction of the licensing authority that such operation has been performed. No license of any type shall be issued without proof of vaccination against rabies
disease. First-time registrations issued after July 1st shall be prorated on a semi-annual basis. All registrations shall expire on December 31st of the year of issuance. A late registration fee
will be assessed upon all renewal registrations issued after February 15th of the current
calendar year pursuant to the fee schedule.
(Code ????, § 6.04.020; Ord. No. 1446, § 2, 1997; Ord. No. 1272, § 1, 1988; Ord. No. 1085, §
2, 1981)
6.04.030 Licenses--Exemptions from chapter applicability.
The licensing requirements of this chapter shall not apply to any dog or cat belonging to a
nonresident of the city and kept within the city for not longer than fifteen days, provided all
such dogs or cats of nonresidents shall at the time of entry into the city be properly vaccinated
against rabies, and while kept within the city, meet all other requirements of this chapter. Any
owner claiming any of these exemptions has the burden of proving to the satisfaction of the
licensing authority that the dog or cat in question is entitled to such exemption.
(Code ????, § 6.04.030; Ord. No. 1446, § 3, 1997; Ord. No. 1085, § 4, 1981)
6.04.040 Licenses--Issuance and register conditions--Tag requirements.
On payment to the city of the amount of the license fee, the licensing authority shall issue a
license to the person applying for the same, provided that all other requirements have been
met, and shall provide and furnish with each license a durable tag upon which shall be stamped or engraved the register number of the dog or cat and the year registered. The city
shall keep suitable records, to be designated "Dog License Register" and "Cat License Register," in which shall be recorded the data and number of such license and the name of the
person to whom issued. Every owner of a dog or cat within the city shall place and keep
around the neck of each dog or cat owned a collar or harness to which shall be securely
fastened the license tag issued by the city, and to which shall also be attached a tag showing
that the dog or cat has been vaccinated for rabies. In the event that a dog or cat tag is lost or destroyed, a duplicate shall be issued for the current year, upon the payment of a fee for such
duplicate pursuant to the fee schedule. No person shall use for any dog or cat a license receipt, or license tag issued for another dog or cat. It shall be unlawful for any person to
remove from the neck of any dog or cat the license tag issued pursuant to this section or alter
such tag in any manner.
(Code ????, § 6.04.040; Ord. No. 1446, § 4, 1997; Ord. No. 1085, § 3, 1981)
6.04.050 Kennel licensing requirements - Limit on number of cats and dogs kept
A. It is unlawful for any person, group of persons in the same dwelling, or family, to keep,
Page 187 of 924
harbor, maintain or knowingly permit within the City of Bozeman (the City) more than two
each of cats or dogs, over six months of age82, without first having obtained a kennel license
from the City as herein provided. This section shall not apply to licensed veterinarian hospitals
or animal shelters, but it is intended to apply to keeping or maintaining kennels where cats
and dogs are kept for breeding, sale, sporting purposes, boarding, or for the enjoyment of the household. Any person keeping or maintaining a kennel shall make application to the City for
said kennel license Kennel licenses, or the revocation thereof, shall be authorized or denied at
the discretion of the Director of Public Safety - Police, or its designee.
B. Kennel Licensing Procedure
1. All applications for a kennel license, including applications for renewal or reinstatement, shall be reviewed by the Director of Public Safety - Police, or its designee, who shall
investigate the premises of the proposed kennel and make findings, as set forth herein,
regarding said application.
2. All kennel licenses shall be for a designated purpose, and a specific number and type of
cats and dogs. Licenses shall not be transferable from one person to another person or place.
3. New kennel licenses shall only be issued after the Director of Public Safety - Police, or
its designee, after appropriate inspection of the applicant's proposed kennel and other appropriate investigation, approves the application. In addition, written notice of a pending
kennel license application shall be provided by the applicant to all owners of real property
within two hundred feet of the site in question, including the property owner if the site in
question is not owned by the applicant, within fifteen (15) days of the application date and
prior to final application approval by the Director of Public Safety - Police, or its designee. The
notice(s), on forms provided by the city, shall specify the name and address of the applicant,
the name and address of the owner of record of the property, a brief statement of the nature of the kennel license application, including the number and type of cats or dogs proposed in
the application and reference to the procedures described herein. Additionally, the Applicant
shall provide notice to the City Liaison: staff liaison to the InterNeighborhood Council and
neighborhood associations. Applicant's failure to properly complete and deliver all notice forms
may constitute cause to deny the application or revoke the kennel license.
4. The Director of Public Safety - Police, or its designee, for approving a kennel license, shall find:
(a) That all animals listed on the kennel license application possess current City of
Bozeman pet licenses;
(b) That the site for the proposed use is adequate in size and topography to accommodate
such use, and all yards, spaces, fences and enclosures are adequate to properly relate such use with the land and uses in the vicinity;
(c) That the proposed use will have no adverse affect on abutting properties or residents
within the affected area; and
(d) That any conditions stated in the approval are deemed necessary and shall apply and
be followed by the applicant and the property owner as a condition of approval.
82 The definition of “kennel” above does not have the age requirement.
Page 188 of 924
5. Upon granting a kennel license, the Director of Public Safety - Police, or its designee,
may thereafter inspect the premises to insure compliance with this chapter and insure the
health and welfare of the animals.
6. A kennel license holder shall notify the Director of Public Safety - Police, or its designee, of any change in the operations which may affect the license and shall keep the Director of
Public Safety - Police, or its designee, apprised of any change in name, use, or location of said
kennel, including, but not limited to, changes in animals and numbers of either cats or dogs
listed on the original kennel license application.
C. The kennel license fee shall be in an amount as set by Resolution of the City
Commission, and the license shall expire on the thirty-first (31) day of December of each year, unless sooner revoked. License fees shall be reduced by 50% if application is made, and
subsequently approved, between July 1 and December 31. The kennel license application fee
is non-refundable.
D. Upon complaint being made to the Director of Public Safety - Police, or its designee,
that a licensed kennel is being operated in an improper manner, after finding the kennel was
operated improperly, as a nuisance, or a condition, or conditions, existed that would preclude the issuance of a license, the Director of Public Safety - Police, or its designee, may revoke the
license of such kennel, after a minimum of seventy-two (72) hours notice to the licensee. The
licensee may, at the discretion of the Director of Public Safety - Police, or its designee, be
provided up to fifteen (15) days to mitigate an offending condition and thus have the license
reinstated. Reinstatement findings by the Director of Public Safety - Police, or its designee,
shall be made only after conduction of a subsequent site inspection and report stating that
each offending condition of the kennel in question was satisfactorily corrected and the kennel complies with conditions set forth in this chapter.
E. Upon annual re-application for a kennel license renewal, an inspection of the premises,
in accordance with Section B of this chapter, may be waived unless conditions listed in Section
D of this chapter are found to exist.
F. Kennel License Application and Revocation Appeals
Decision(s) by the Director of Public Safety - Police, or its designee, to deny or approve a kennel license application, revoke an existing kennel license or reinstate a revoked kennel
license may be appealed to the City Commission. A written request for an appeal hearing
before the City Commission shall be submitted to the Director of Public Safety - Police, or its
designee.
1. Any appeal of a kennel license application approval or denial, or appeal of an existing
kennel license revocation or reinstatement decision(s) by the Director of Public Safety - Police, or its designee, shall be in writing wherein the Appellant shall set forth the specific
provision(s) of the decision(s) being appealed.
2. Written notice of an appeal of a kennel license application approval or denial or existing
kennel license revocation or reinstatement, including specific provision(s) of the decision(s)
being appealed and the date, time and location of the subsequent City Commission appeal
hearing, shall be provided by the applicant, to all owners of real property within two hundred feet of the site in question, including the property owner if the site in question is not owned by
the applicant, within fifteen (15) days past the appeal submittal date and at least fifteen (15)
days prior to the scheduled hearing. Additionally, the Applicant shall provide notice of appeal
Page 189 of 924
to the City Liaison: staff liaison to the InterNeighborhood Council and neighborhood
associations. Applicant's failure to properly complete and deliver all appeal notice forms may
constitute cause to deny the appeal.
3. Upon review of an appeal, the City Commission shall have the authority to affirm,
modify, or reverse the findings of Director of Public Safety - Police, or its designee. Commission affirmation, modification or reversal of a decision made by the Director of Public
Safety - Police, or its designee, shall be final and binding.
(Code ????, § 6.04.060; Ord. No. 1446, § 5, 1997; Ord. No. 1085, § 5, 1981; Ord. No. 1754, §
1, 1-26-2009)
6.04.060 Keeping of exotic or wild animals.
A. It is unlawful for anyone to own, harbor, keep, or permit at large any exotic animal without the written permission of the city commission. Such permission shall be given only if it
is demonstrated to the satisfaction of the commission that the animal will not constitute a
threat to public health or safety.
B. Any person that owns, keeps or harbors an exotic animal shall make application to the city commission for a special license in the manner provided in Section 6.04.050, and said
license shall only be issued according to procedures and criteria specified therein. Such applicant must provide notice of intent to maintain an exotic or wild animal to all neighbors
and include specific information about the nature of the animal.
C. The commission shall, in addition to all other conditions, impose appropriate
requirements for proposed enclosures to house or transport the animal(s). The housing
enclosure must be constructed according to applicable zoning codes and must have the proper
permits. Each housing enclosure where an exotic or wild animal is to be kept must be periodically inspected by the animal control officer and the health board or comparable
designee. Each housing enclosure must provide an adequate exercise area and sleeping
quarters. Proper temperature control and ventilation for the particular species must be
provided in both areas. Each housing enclosure must be kept locked and designed so that no
one can enter or place appendages in the enclosure. Each housing enclosure must be
constructed so as to prevent the animal from escaping. Each housing enclosure must be kept
in good repair to prevent both escape and injury to the wild animal. Each housing enclosure must have a water container which is secured so as to prevent its being overturned. Each
housing enclosure must be disinfected daily. Surfaces must be of an impervious material to
allow for disinfecting.
D. Exemptions: The standards set out in this section for keeping exotic or wild animals do
not apply to:
1. Any zoological garden accredited by the American Association of Zoological Parks and
Aquariums;
2. Appropriately licensed theatrical exhibits or circuses;
3. Federally licensed research institutions;
4. Any government agency or its employees who use the wild animals for an agency
related education, propagation or behavior program;
Page 190 of 924
5. Anyone holding a valid rehabilitation permit from the Montana Department of Fish,
Wildlife and Parks, but such exception is granted only for animals which are in rehabilitation
and are scheduled to be released to the wild.
Nothing herein shall be construed to allow the keeping of any wild animal expressly prohibited
by state statute.
E. The annual permit fee for keeping each exotic or wild animal shall be set by resolution.
A separate wild animal permit is required for each animal kept as defined herein. All permits
granted under this chapter shall be due and payable annually on the first business day of
January. All wild animal permits issued under the provisions of this chapter shall expire on December 31st of each year. If the permit fee provided for in Section 6.20.140 is not paid on
or before February 15th of the current calendar year, a fifty-dollar late registration fee shall be imposed. If application for a renewal permit is submitted after February 15th, the application
will be considered a new application and subject to all the requirements for a new application.
(Code ????, § 6.04.070; Ord. No. 1446, § 6, 1997; Ord. No. 1085, § 6, 1981)
6.04.070 Restraint and confinement.
A. It is unlawful for the owner of any animal to fail to keep such animal under restraint or
to permit such animal to run at large upon the streets and public ways of the city.
B. Any dog, while on a street, sidewalk, public way, or in a park or other public space,
other than areas as designated pursuant to subsection F of this section, or upon any private
property without the consent of the property owner, shall be secured by a leash or chain of
sufficient tensile strength to restrain the particular dog, such leash or chain not to exceed six
feet in length. However, while actually participating in instructional obedience training, dogs
may be temporarily restrained by a leash of greater length.
C. No owner or custodian of any animal shall leave such animal unattended while on a
street, sidewalk, public way, or in a park or other public space, or fail to exercise proper care
and control of such animal to prevent the same from becoming a nuisance.
D. Every female dog or cat, while in heat, shall be kept in a secure enclosed shelter or
area within the real property limits of the owner's premises in such a manner so as not to come in contact with another animal except for planned breeding.
E. Every dangerous or vicious animal shall be confined by its owner or authorized agent of
its owner within a building or secure enclosure and, whenever off the premises of its owner,
shall be securely muzzled and restrained with a chain having a minimum tensile strength of
three hundred pounds and not more than three feet in length, or caged. Every person
harboring a dangerous or vicious animal is charged with an affirmative duty to confine the animal in such a way that no other person has access to such animal.
F. The city commission may, by resolution, designate areas within the city which shall be
exempt from subsections A and B of this section to the extent that in such areas animals may
be permitted to run or otherwise remain off leash. This exemption shall not apply to
established playgrounds, recreational fields, and picnic areas, or otherwise relieve an owner or
custodian of any animal to prevent the same from becoming a nuisance.
(Code ????, § 6.04.070; Ord. No. 1463, § 2, 1998; Ord. No. 1446, § 7, 1997; Ord. No. 1085, §
7, 1981)
Page 191 of 924
6.04.080 Rabies prevention requirements--Tag--Penalty for violation.
All dogs and cats over six months of age within the corporate limits of the city shall be
vaccinated against the disease known as "rabies." Upon vaccination of such dog(s) and/or
cat(s), the veterinarian shall issue to the owner or owners of said animal(s) a certificate
showing the inoculation thereof, and shall keep a duplicate of such certificate, and shall issue a metallic tag showing such vaccination and the date thereof. The owner shall cause the tag to
be attached to a collar or harness on such animal. The animal control officer or any police
officer of the city shall have the right to impound any dog or cat at large in the city, not
wearing a collar or harness on which is displayed the license tag and also the vaccination tag.
The owner of any dog(s) and/or cat(s) who fails to comply with the requirements of this chapter in having his or her dog(s) and/or cat(s) vaccinated against rabies shall be guilty of
maintaining a nuisance, and shall be punished by a fine of not less than one hundred dollars and not to exceed five hundred dollars, or by imprisonment in city or county jail not to exceed
ninety days, or by both such fine and imprisonment. 83
(Code ????, § 6.04.080; Ord. No. 1446, § 8, 1997; Ord. No. 1085, § 8, 1981)
6.04.090 Quarantine for dogs biting persons.
Every animal which bites a person shall be promptly reported to the animal control officer. Any dog or other animal which has bitten any person may be kept under quarantine under the
direction and authority of the animal control officer. Such quarantine shall be for a period of
ten days. If the owner of the animal has not appeared to claim the animal within ninety-six
hours of the beginning of such quarantine, the animal may be destroyed and examined for
rabies. If, during the quarantine period, the animal is adjudged as having rabies, the animal
shall be destroyed and appropriate health authorities notified. If, after completion of the
quarantine period, the animal is adjudged free of rabies, the animal shall be released to its owner upon written permission of the animal control officer unless otherwise ordered held
pursuant to Section 6.04.130 or 6.04.170. Quarantine and associated costs, including any costs of destruction, shall be at the owner's expense. No person shall fail or refuse to
surrender any animal for quarantine or destruction as required herein when demand is made
by the animal control officer or any law enforcement officer.
(Code ????, § 6.04.090; Ord. No. 1446, § 9, 1997: Ord. No. 1085, § 9, 1981)
6.04.100 Rabies prevention requirements--Physician and veterinarian responsibilities.
It shall be the duty of every physician or other practitioner to report to the animal control
officer the names and addresses of persons treated for bites inflicted by animals, together with
such other information as will be helpful in rabies control. It shall be the duty of every
veterinarian to report to the animal control officer the diagnosis of any animal observed by
him or her as a rabies suspect.
(Code ????, § 6.04.100; Ord. No. 1085, § 10, 1981)
6.04.110 Nuisance animals prohibited--Complaints.
It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal, and it
shall be the duty of the animal control officer and all law enforcement officers to file
83 Do you wish the general penalty to apply instead?
Page 192 of 924
complaints for all such violations occurring in their presence. Any person aggrieved by a
nuisance animal may file a complaint with the animal control officer or any law enforcement
officer, where the offense is not committed in the presence of the animal control officer or a
law enforcement officer. The animal control officer shall investigate, and upon probable cause
that there is a violation of this section or chapter, shall submit a request for prosecution to the
city attorney. The minimum fine for violation of this section shall be one hundred dollars. 84(Code ????, § 6.04.110; Ord. No. 1463, § 3, 1998: Ord. No. 1446, § 10, 1997: Ord. No.
1085, § 11, 1981)
6.04.120 Impoundment--Authorized when--Records required.
Unlicensed dogs, or other animals found at large, shall be taken up by the animal control
officer or any law enforcement officer and impounded in the city animal shelter. Any dangerous or vicious dog or animal may be taken up and impounded by the animal control officer or any
law enforcement officer by appropriate means, including a tranquilizer gun if necessary. The
animal shelter shall keep a complete register of every dog or other animal impounded,
showing the time and place of taking, the breed, color, sex and distinguishing marks of such
dog or other animal and, if licensed, the number of the license and the name and address of
the owner. To the extent possible male dogs shall be separated from female dogs at the city
animal shelter, and healthy dogs shall be separated from unhealthy dogs.
(Code ????, § 6.04.120; Ord. No. 1446, § 11, 1997; Ord. No. 1085, § 12, 1981)
6.04.130 Impoundment--Notice to owner--Redemption conditions.
A. It is the duty of every owner of any dog or other animal to know its whereabouts at all
times. In the event that any dog or other animal is impounded, the owner shall redeem the
same within ninety-six hours, or it shall be subject to disposal by the poundmaster as provided
in Section 6.04.140. The owner of any impounded dog or other animal may redeem the same within such a period of time by appearing at the Bozeman police department at the law and
justice center, accepting a citation for violation of any ordinance of the city for which the
owner may be properly charged, posting the required bond, and paying a per diem rate
arranged by the city with the operator of the city animal shelter for each twenty-four hour
period or any part thereof that the animal is held.
B. Any unlicensed dog that is impounded may only be redeemed by the owner procuring a license, as required by Section 6.04.020, in addition to paying the fees herein prescribed.
C. If an impounded animal has not been spayed or neutered ("unaltered"), an additional
deposit shall be required before the animal may be redeemed. The deposit shall be paid at the
time of appearance and posting of bond as specified in subsection A, and shall be refunded if
the owner sterilizes the animal within thirty days of redemption. If an unaltered animal is
impounded a second time within three years, it shall be altered prior to redemption at the owners expense.
D. If an impounded animal is suspected or known to have dangerous or vicious
propensities, or accused of being a nuisance animal, it shall not be released or redeemed
unless or until a hearing can be held before the city court to determine under what conditions,
84 Do you wish the general penalty to apply instead?
Page 193 of 924
if any, such animal shall be released or redeemed. A complaint may be filed in city court
against the person redeeming any dog or other animal impounded for violation of any
provision of this chapter.
E. To reclaim or redeem any animal impounded on the belief said animal is repeatedly at
large, or is a nuisance, the owner must petition the city court for a hearing to determine under what conditions, if any, such animal shall be released or redeemed. During the hearing the
court will hear evidence to determine whether the animal should be declared a nuisance
animal. If a determination is made that the animal is repeatedly at large, or otherwise a
nuisance, the owner shall be ordered to comply with provisions or conditions made by the
court, including but not limited to ordered confinement of the animal in a secure enclosure. If the owner does not file such a petition within four days of the impound, the animal shall
become the property of the city and subject to disposal by the poundmaster as provided in Section 6.04.140. Impoundment and associated costs, including any costs of destruction, shall
be at the expense of the owner.
F. To reclaim or redeem any animal impounded on the belief said animal is dangerous or
vicious, the owner must petition the city court for a hearing to determine under what
conditions, if any, such animal shall be released or redeemed. During the hearing the court will
hear evidence to determine whether the animal should be declared dangerous or vicious. If a determination is made that the animal is dangerous or vicious, the owner shall be ordered to
comply with provisions or conditions made by the court. If the owner does not file such a
petition within four days of the impound, the animal shall become the property of the city and
subject to disposal by the poundmaster as provided in Section 6.04.140. Impoundment and
associated costs, including any costs of destruction, shall be at the expense of the owner.
(Code ????, § 6.04.130; Ord. No. 1463 § 4, 1998: Ord. No. 1446 § 12, 1997: Ord. No. 1085 §
13, 1981)
6.04.140 Impoundment--Disposition of unredeemed animals.
If any impounded dog or other animal is not redeemed within ninety-six hours from the time it
is taken and impounded, the owner thereof shall forfeit all right, title and interest therein, and
the poundmaster may offer the same for sale. Sale, and such certificate of sale, shall confer
title and ownership of the dog or other animal, free of all claims and interest of the previous
owner. In the event that any impounded dog or other animal is not redeemed by the owner or purchased, it may be disposed of by the poundmaster or contracting agency in a humane
manner. Any dog or other animal suffering from an infectious disease shall not be released,
but shall be disposed of, unless the public health officer shall otherwise order.
(Code ????, § 6.04.140; Ord. No. 1085, § 14, 1981)
6.04.150 Cruelty to animals prohibited.85
A person commits the offense of cruelty to animals if without justification he knowingly or
negligently subjects an animal to mistreatment or neglect by overworking, beating,
tormenting, injuring or killing any animal; carrying an animal in a cruel manner, or failing to
provide an animal in his custody with proper drink, food or shelter; or abandoning a helpless
animal or abandoning any animal on any public street, railroad or in any other place where it
may suffer injury, hunger or exposure or become a public charge; or promoting, sponsoring,
85 This section is covered by Code ch. 6.08.
Page 194 of 924
or conducting or participating in any fight between any animals. The minimum fine for
violation of this section shall be one hundred dollars. 86
(Code ????, § 6.04.150; Ord. No. 1446, § 13, 1997; Ord. No. 1085, § 16, 1981)
6.04.160 Cleaning up after animals.87
Any person owning, keeping, possessing or harboring any dog, cat, or other animal shall promptly remove and dispose of all feces left by the dog, cat, or animal on any public property
and on any private property not owned by such person or lawfully occupied by such person.
(Code ????, § 6.04.160; Ord. No. 1446, § 14, 1997; Ord. No. 1085, § 15, 1981)
6.04.170 Enforcement--Animal control officer authority.
For the purpose of discharging the duties imposed by this chapter and enforcing its provisions,
the animal control officer, or any police officer, in addition to any and all other authority or
power, is authorized:
A. To issue a notice to appear under the provisions of MCA 46-6-310, to any violator of
this 88title.
B. To demand from the occupants of any premises upon or in which an animal is kept or harbored, the exhibition of such animal and the license for such animal.
C. To impound an animal which has attacked a person or other animal, or is otherwise
reasonably believed to be dangerous, and order that animal held until such time as a hearing
can be held before the city court to determine whether and under what conditions the animal
should be released to the owner.
D. Upon order of the city court, to destroy an animal deemed a dangerous or vicious
animal.
(Code ????, § 6.04.170; Ord. No. 1488, § 1, 1999; Ord. No. 1446, § 15, 1997: Ord. No. 1085,
§ 17, 1981)
6.04.180 Prosecution for chapter violations--Liability of owners--Permit transfers.
In all prosecutions for violations of this chapter, the person who applied for and obtained the
license for the dog or animal in question shall be deemed the person responsible for the
violation unless there has been a transfer of ownership prior to the violation. Any transfer of
ownership must be evidenced by a transfer permit issued by the department of finance. A
transfer permit may be obtained by furnishing the name and address of the transferee to the
department of finance. Nothing herein shall preclude the filing of separate or additional
charges against any person other than the owner charged with custody of the animal.
(Code ????, § 6.04.190; Ord. No. 1446, § 16, 1997)
86 Do you wish the general penalty to apply instead? 87 What about leader dogs? 88 Should be chapter.
Page 195 of 924
6.04.190 Severability.89
If any part of this chapter is held to be unconstitutional or void, such part shall be deemed
severable from the other parts, and the invalidity thereof shall not affect the remaining parts
of this chapter.
(Code ????, § 6.04.190; Ord. No. 1085, § 19, 1981)
6.04.200 Criminal offenses.
It is the intent of the city commission that the criminal offenses listed in this chapterOrdinance
1085 of the city commission be offenses involving absolute liability. Those offenses shall not
require proof of any one of mental states described in subsections (33), 90(37) and (58) of
MCA 45-2-101.
(Code ????, § 6.04.200; Ord. No. 1085, § 21, 1981)
6.04.210 Enforcement--Penalty for violations.
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Each person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall for a first conviction be punished by a
fine of not less than fifty dollars or more than one hundred dollars. For a second conviction within one year after the first conviction, the person shall be punished by a fine of not less
than one hundred dollars or more than three hundred dollars. Upon a third or subsequent
conviction within one year after the first conviction, the person shall be punished by a fine of
not less than two hundred dollars or more than five hundred dollars.
C. Upon conviction, the court costs or any part of the court costs may be assessed against
the defendant at the discretion of the court.
(Code ????, § 6.04.210; Ord. No. 1446, § 17, 1997)
Chapter 6.08
CRUELTY TO ANIMALS*
*State law reference—Cruelty to animals, MCA 7-23-4104.
Sections:
6.08.010 Definitions.
6.08.020 Interference with a police dog prohibited.
6.08.030 Cruelty to animals prohibited.
6.08.040 Enforcement--Penalty for violations.
6.08.050 Enforcement--Animal control officer authority.
6.08.010 Definitions.
A. "Police dog" means any dog specifically trained for law enforcement work and under the
89 This section is covered by Code § 1.01.100. 90 Shouldn’t (37) be (35)?
Page 196 of 924
control of a law enforcement officer.
B. "Law enforcement officer" means any person who, by virtue of the person's office or
public employment, is vested by law with a duty to maintain public order and make arrests for
offenses while acting within the scope of the person's authority.
C. "Animal control officer" means all law enforcement or peace officers as those terms are
defined herein, as well as all duly appointed animal control officers and animal control
supervisors appointed by the city of Bozeman to carry out and enforce this title.
(Code ????, § 6.08.010; Ord. No. 1489, § 1, 1999)
6.08.020 Interference with a police dog prohibited.
No person shall purposely or knowingly provoke, grab, strike, harass, injure or otherwise interfere with a police dog trained for use by a law enforcement officer, including but not
limited to a police K-9 handler, at any time during the performance, attempted performance or
while waiting to perform the animal's or the officer's official duties.
(Code ????, § 6.08.020; Ord. No. 1489, § 2, 1999)
6.08.030 Cruelty to animals prohibited.
A person commits the offense of cruelty to animals if, without justification, the person either knowingly or negligently:
A. Subjects an animal to mistreatment or neglect including but not limited to overworking,
beating, striking, tormenting, injuring or killing any animal;
B. Carries an animal in a cruel manner;
C. Fails to provide an animal in his or her custody with proper drink, food or shelter;
D. Abandons a helpless animal on any public street, railroad, or in any other place where it
may suffer injury, hunger or exposure or become a public charge;
E. Promotes, sponsors, conducts or participates in any fight between any animals; or
F. Commits, omits or allows the commission or omission of any act which causes the
unjustifiable physical pain, suffering or death of an animal.
(Code ????, § 6.08.030; Ord. No. 1489, § 3, 1999)
6.08.040 Enforcement--Penalty for violations.91
A. A person convicted of the offense of interference with a police dog may be fined an amount not to exceed five hundred dollars or sentenced to a term of imprisonment in the
county jail not to exceed six months or both.
B. A person found guilty of being cruel to an animal as described herein may be fined not
less than one hundred dollars nor more than five hundred dollars or sentenced a term of
91 Do you wish the general penalty to apply instead?
Page 197 of 924
imprisonment in the county jail not to exceed six months or both. The court, in its discretion,
may also terminate all ownership rights in the animal in addition to all other fines and
imprisonment set forth in this chapter.
(Code ????, § 6.08.040; Ord. No. 1489, § 4, 1999)
6.08.050 Enforcement--Animal control officer authority.
For the purpose of discharging the duties imposed by this chapter and enforcing its provisions,
the animal control officer or any police officer, in addition to any and all other authority or
power, is authorized to:
A. Issue a notice to appear under the provisions of MCA 46-6-310, to any violator of this
title92; and
B. Impound the abused animal and order that animal held until such time as a hearing can
be held before the city court to determine whether and under what conditions the animal
should be released to the owner.
(Code ????, § 6.08.050; Ord. No. 1489, § 5, 1999)
Title 7
(RESERVED)
92 Should be chapter.
Page 199 of 924
Title 8
HEALTH AND SAFETY93
Chapters: 8.04 Abandoned Refrigerators
8.05 Alarm Systems
8.08 Barbershops
8.12 Fireworks
8.16 Solid Waste
8.20 Meat
8.24 Milk 8.28 Nuisances
8.32 Smoking in Places of Public Assembly
8.36 Weed Abatement
8.40 Littering
8.44 Fire Control
Chapter 8.04
ABANDONED REFRIGERATORS
Sections:
8.04.010 Removal of doors from refrigerators and certain other containers
required.
8.04.010 Removal of doors from refrigerators and certain other containers required.
It is unlawful for any person to leave or permit to remain outside of any dwelling, building or
other structure, or within any unoccupied or abandoned building, structure or dwelling under
his control, in a place accessible to children, any abandoned, unattended or discarded icebox,
refrigerator or other container which has a door or lid, snaplock, or other locking device which
may not be released from the inside, without first removing such door or lid, snaplock, or other locking device.
(Prior code, § 6.04.010; Code ????, § 8.04.010)
State law reference—Similar provisions, MCA 45-8-113.
Chapter 8.05
ALARM SYSTEMS
8.05.010 Definitions. 8.05.020 Audible alarm standards.
8.05.030 Violation of audible alarm standard.
93 There are business regulations in this title and health and safety regulations in title 5. There is
a lot of overlap like that throughout the Code. If you are interested, I can prepare a
suggested alphabetical chapter arrangement by subject matter, similar to what Billings has
in their Code.
Page 200 of 924
8.05.040 Automatic dialing telephone systems prohibited.
8.05.050 Alarm users.
8.05.060 Alarm system monitoring companies.
8.05.070 Security alarm verification process.
8.05.080 Unlawful activation or report of alarm.
8.05.090 Determination of false alarm--Rebuttable presumption. 8.05.100 Penalty for false alarm.
8.05.110 Appeal of false alarm fine.
8.05.120 No-response to frequent false alarms--Appeal of no-response
determination.
8.05.130 Violation--Penalties.
8.05.010 Definitions.
A. "Alarm system monitoring company" means any individual, partnership, corporation or
other form of association that engages in the business of monitoring security alarm systems
and reporting any activation of such alarm systems to the police.
B. "Alarm user" means any individual, partnership, corporation or other form of
association that owns or leases a security alarm system or on whose premises a security alarm system is maintained for the protection of the premises.
C. "Automatic dialing telephone alarm" means a security alarm system with a device that
automatically dials the Police Department emergency assistance telephone lines without
human activation of the device by the alarm user.
D. "Department" means the Bozeman Police Department.94
E. "Director of Public Safety" means the Director of Public Safety of the City of Bozeman or
designee. Use of the term Director or the initials "DPS" have the same meaning in this
Chpater.
F. "Dispatch" or "response" means a discretionary decision whether to direct police units
to a location where there has been a request, made by whatever means, for police assistance
or investigation. There is no duty to dispatch under any circumstances, including to answer an alarm signal, and all dispatch decisions are made subject to competing priorities and available
police resources.
G. "False alarm" means an alarm signal eliciting notification to and a response by the
police when there is no evidence of a crime or other activity that warrants a call for immediate
police assistance and no person who was on or near the property or has viewed a video
communication from the property called for the police dispatch or confirmed the need for police assistance. "False alarm" does not include an alarm signal caused by violent conditions
of nature or other extraordinary circumstances beyond the control of the alarm user.
H. "Security alarm system" means any system, device, or mechanism for the detection
and reporting of any unauthorized entry or attempted entry or property damage upon
premises protected by the system that may be activated by sensors or other techniques and,
when activated, automatically transmits a telephone message or emits an audible, visible, or
94 Change to department of public safety?
Page 201 of 924
electronic signal that can be heard, seen, or received by persons outside the protected
premises and is intended to summon police assistance.
(Code ????, § Code ????, § 8.05.010; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.010),
6-16-200595)
8.05.020 Audible alarm standards.
A security alarm system that emits an audible signal that may be heard outside the protected
premises shall conform to the following requirements:
A. Audible alarms shall automatically discontinue emitting the audible sound within ten
(10) minutes after activation of the alarm; and
B. Security alarm systems that do not comply with provision (a) above, shall have thirty
(30) days from the issuance of a Notice of Noncompliance with the ordinance in which to make
the necessary modifications to the alarm system in order to comply with the requirement. If
there is no evidence of compliance at the end of the thirty (30) days, the system is subject to
a determination under 8.05.090 and a "No Response" designation under 8.05.120 of this code.
Subsequent evidence of compliance with the alarm standards may allow for cancellation of the
action under 8.05.090 and 8.05.120 in the discretion of the Director of Public Safety.
(Code ????, § 8.05.020; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.020), 6-16-2005)
8.05.030 Violation of audible alarm standard.
A. The sounding of an audible signal from a security alarm system that can be heard
continuously off the premises for more than ten (10) minutes is not an emergency exemption
to the Loud Noise Ordinance found in Title 8, Chapter 30 of this Code unless the defenses
found in Section (B) below apply. A system which continuously sounds an audible alarm under
circumstances where Section (B) does not apply is subject to the provisions of Title 8, Chapter 30 and may be cited as such.
B. It is a defense to a violation of this Section that the continuous sounding of the alarm:
1. assisted in saving a life or avoiding injury; or
2. was caused by a malfunction of the alarm system equipment without the alarm user's prior knowledge of the cause of the malfunction; or
3. was activated by an unauthorized entry of criminal activity.
(Code ????, § 8.05.030; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.030), 6-16-2005))
8.05.040 Automatic dialing telephone systems prohibited.
It shall be unlawful for any individual, partnership, corporation or other form of association to sell, offer for sale, install, maintain, operate or assist in the operation of any alarm system
with an automatic dialing or digital alarm communicator feature that automatically calls the
police in the event of an alarm.
(Code ????, § 8.05.040; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.040), 6-16-2005))
95 Is this the correct adoption date?
Page 202 of 924
8.05.050 Alarm users.
An alarm user shall:
A. Maintain the premises and security alarm system in a manner that will minimize or
eliminate false alarms;
B. Review all alarm system operating instructions, including those for verification of an
alarm;
C. Maintain a verification process, as specified in Section 8.05.070, for all monitored security alarm systems in order to prevent unnecessary police dispatches resulting from false
alarms;
D. Notify the alarm system monitoring company of a false alarm activation as soon as the
user is aware of the false alarm; and
E. Not manually activate an alarm except when needing an immediate police response to
an emergency.
F. Provide an immediate response to the alarm site in an effort to address the alarm cause
and facilitate access to the premises. This response shall be made by the alarm user or their
authorized key holder(s).
G. Provide the alarm company with a current, accurate, maintained list of authorized key
holders.
(Code ????, § 8.05.050; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.050), 6-16-2005))
8.05.060. Alarm System Monitoring Companies.
An alarm system monitoring company engaging in business activities in the City shall:
A. Obtain all necessary business licenses as required by the City of Bozeman and State of
Montana;
B. Maintain a current record, accessible to the Director of Public Safety at all times, that
includes: the names of the alarm users serviced by the company; the addresses of the
protected properties; the type of alarm system, original installation date and subsequent
modifications, if any, for each protected property; and a record of the false alarms at each
property;
C. Provide the Director of Public Safety such information as may be requested regarding: the nature of the company's security alarms; the company's method of monitoring the alarms;
the company's program for preventing false alarms, including educational programs for alarm
users; and the company's method for disconnecting audible alarms;
D. Provide each of its alarm system users with: operating instructions for the alarm
system, including an explanation of the alarm company's alarm verification process; a
telephone number to call for assistance in operating the system; and a summary of the
provisions of this Chapter relating to penalties for false alarms and the possibility of no police
response to alarm systems experiencing excessive false alarms;
Page 203 of 924
E. Maintain a verification process, as specified in Section 8.05.070, for all monitored
security alarm systems in order to prevent unnecessary police dispatches resulting from false
alarms;
F. Communicate requests for police response to the Department in a manner specified by
the Director of Public Safety;
G. Communicate requests for cancellations of police response in a manner specified by the
Director of Public Safety;
H. Maintain a record of all requests for police response to alarm, including: the date and time of the alarm and request for police response; the alarm system user's name and address;
evidence of the company's attempt to verify the alarm; and, to the best of its knowledge, an explanation of the cause of any false alarm; and
I. Work cooperatively with the alarm system user and the Director of Public Safety in
order to determine the cause of any false alarm and to prevent recurrences.
(Code ????, § 8.05.060; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.060), 6-16-2005))
8.05.070 Security alarm verification process.
A verification process is an independent method of an alarm system monitoring company for
determining that a signal from a security alarm system requires immediate police response.
The verification process shall not take more than five (5) minutes, calculated from the time
that the alarm company receives the alarm signal until the alarm company determines
whether to request a police dispatch. The means of verification shall include at least one (1) of
the following:
A. The establishment of voice communications with the alarm user or a person authorized
by the user at or near the premises with the alarm who may indicate whether there is an
immediate need for police response;
B. A feature that permits the alarm user or a person authorized by the user to send a
special signal to the alarm company that will cancel the alarm immediately after the signal has
been sent and prevent the alarm company from calling the police;
C. The installation of a video system that provides the alarm company, when the alarm
signal is received, with the ability to ascertain whether activity is occurring that warrants
immediate police response;
D. A confirmation made before dispatching the police that an alarm signal reflects a need
for immediate police response from either the alarm user or a person authorized by the user or an alternate response agency; or
E. An alternate system that the Director of Public Safety determines has or is likely to
have a high degree of reliability.
(Code ????, § 8.05.070; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.070), 6-16-2005))
8.05.080 Unlawful activation or report of alarm.
A. No person shall activate a security alarm system for the purpose of summoning the
Page 204 of 924
police except in the event of an unauthorized entry, robbery, or other crime being committed
or attempted on the premises, or if the person needs immediate assistance in order to avoid
injury or serious bodily harm.
B. Any person who shall notify the police of an activated alarm and has knowledge that
such activation was apparently caused by an electrical or other malfunction shall at the same time notify the police of the apparent malfunction.
(Code ????, § 8.05.080; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.080), 6-16-2005))
8.05.090 Determination of false alarm--Rebuttable presumption.
For the purposes of this Chapter, there is a rebuttable presumption that the following determinations made by the Director of Public Safety or by a police officer dispatched to the
premises reporting an alarm signal are correct:
A. There is no evidence of a crime or other activity that would warrant a call for immediate
police assistance at the premises;
B. No individual who was on or near the premises, or who has viewed a video communication from the premises, called for a police dispatch or verified a need for an
immediate police response; and
C. There is no evidence that violent conditions of nature or other extraordinary
circumstances beyond the control of the alarm user caused the activation of the alarm.
(Code ????, § 8.05.090; Ord. No. 1470 § 1, 1998; Ord. No. 1639, § 1(8.05.090), 6-16-2005))
8.05.100 Penalty for false alarm.
A false alarm is an administrative infraction, and upon determination of a false alarm, the alarm system user may be subject to administrative designation under 8.05.120.
(Code ????, § 8.05.100; Ord. No. 1470 § 1, 1998; Ord. No. 1639, § 1(8.05.100), 6-16-2005))
8.05.110 Appeal of false alarm fine.
A. The Bozeman city court may waive the administrative penalty incurred by an alarm system user for a false alarm and clear the notice of violation as a warning if:
1. The notice to alarm user describes a violation of Section 8.05.100; and
2. Within fifteen days after the date of the notice of a false alarm, the alarm user either
follows the instructions on the back of the notice of violation to arrange an appearance in court
or mails a written response to the court requesting a waiver and clearance as a warning.
B. The alarm user may present evidence before the court or in the written response to the court that shows: the steps that the alarm user or alarm system monitoring company has
taken, or is taking, to correct the false alarm problem; the incidence of crime in the area of
the property; the facts and circumstances of the false alarm; and other relevant information.
(Code ????, § 8.05.110; Ord. No. 1470 § 1, 1998)
8.05.120 No-response to frequent false alarms--Appeal of no-response determination.
Page 205 of 924
A. When the Director of Public Safety or designee determines whether to make an
immediate dispatch in response to notification of a signal from a security alarm system, the
Director of Public Safety may disregard a call for police assistance when:
1. the call for assistance comes from an alarm system for a premises that has a record of sending four (4) false alarms in a twelve (12) month, calendar year; and
2. the call is the only basis for making the dispatch.
B. The Director of Public Safety may consider such a call for assistance as an additional factor in the Director's decision to order an immediate police response when an in-person call,
verification from a person at or near the premises, or other independent evidence shows a need for immediate police assistance at the premises.
C. To discourage false alarms, the Director shall adopt a process of communication (by
letter, telephone and in-person) with the alarm user who has had one or more false alarms
<com>Cannot read</com> the need to take corrective action, and that four (4) false alarms
in a twelve (12) month, calendar year may result in the police disregarding alarms from the
premises and not responding to requests for immediate police assistance unless there is an in-person call for assistance from someone at or near the premises or other independent
information that verifies the need for an immediate police response.
D. Before determining not to respond to alarms from a premises as specified above, the
Director of Public Safety shall communicate with the alarm user that:
1. Four (4) false alarms have been received from the property within a twelve (12) month calendar year;
2. The remedy authorized in Section (A) above may be taken;
3. The alarm system user may request a meeting before the Director of Public Safety or
designee and explain why the Director should not take the proposed action;
4. If no meeting is requested, the Department will, after ten (10) days from the delivery
of the notice, disregard alarms from the premises unless there is an in-person call for assistance from someone at or near the premises or other independent information that
verifies the need for an immediate police response; and
5. A requirement of an in-person communication or other verification shall remain in effect
until adequate corrective action has been completed.
E. If a meeting is requested, the Director of Public Safety shall schedule the meeting within ten (10) days of the receipt of the request. At the meeting, the Director may consider
such factors as: the steps that the alarm user or alarm system monitoring company has taken,
or is taking, to correct the problem; the frequency of crime in the area of the premises; the
facts and circumstances of the false alarms; and other relevant information presented by the
alarm user or the alarm system monitoring company.
F. The Director of Public Safety may suspend or cancel the remedy under Section (A) if the Director determines that the alarm user or alarm system monitoring company has taken
appropriate actions to prevent the recurrence of false alarms.
Page 206 of 924
(Code ????, § 8.05.120; Ord. No. 1470 § 1, 1998; Ord. No. 1639, § 1(8.05.120), 6-16-2005))
8.05.130 Violation--Penalties.96
A. An alarm system monitoring company's failure to comply with any of the requirements
of this Chapter shall be a misdemeanor, punishable by a fine of up to two hundred fifty dollars ($250.00). Each day of noncompliance shall constitute a separate offense.
B. The violations of the other sections of this Chapter shall be a misdemeanor and
punishable by a fine of up to fifty dollars ($50.00), unless otherwise specified.
(Code ????, § 8.05.130; Ord. No. 1470, § 1, 1998; Ord. No. 1639, § 1(8.05.130), 6-16-2005))
Chapter 8.08
BARBERSHOPS97
Sections:
8.08.010 Barbershop defined.
8.08.020 Inspection and enforcement--Health officer authority.
8.08.030 Cleanliness of equipment and supplies. 8.08.040 Headrest covers and cuspidors.
8.08.050 Serving infected persons--Conditions. 8.08.060 Use of wood alcohol prohibited.
8.08.070 Posting of chapter regulations.
8.08.080 Violation--Penalty.
8.08.010 Barbershop defined.
"Barbershop," as used in this chapter, means and includes every place where shaving or hair-cutting is done for the public and every barber college or school where barbering is done, for
either sex, within the city.
(Prior code, § 5.24.050; Code ????, § 8.08.010)
8.08.020 Inspection and enforcement--Health officer authority.
The health officer98 is authorized, directed and empowered to inspect all barbershops within
the city, and to enforce the rules and regulations hereinafter provided. All barbershops shall be
open to the city health officer for inspection at any time during business hours.
(Prior code, § 5.24.010; Code ????, § 8.08.020)
8.08.030 Cleanliness of equipment and supplies.
All mugs, brushes, pincers, tweezers, needles and attachments for massage devices shall be
sterilized after each time used and as frequently as necessary by immersion in boiling water,
or in alcohol of not less than ninety-five percent strength, or in a twenty percent formaldehyde
96 Do you wish to use the general penalty instead? 97 Do you still enforce this chapter? 98 Do you still have a health officer, or is this a county function now?
Page 207 of 924
solution. Combs and hairbrushes shall be cleaned with soap and water at least once daily. No
towel that is used on one patron shall be used again on another patron until laundered. All
powdered alum or other powders shall be applied with clean towels, and the use of powder
puffs and sponges in any form is prohibited. Every barbershop shall be provided with running
hot and cold water conveniently located, and shall be connected with the sewers.
(Prior code, § 5.24.020; Code ????, § 8.08.030)
8.08.040 Headrest covers and cuspidors.
The headrest of every barber chair shall be covered with a fresh towel, or by clean new paper,
for each individual customer. A strip of cotton or neckband must be placed around the patron's
neck so that hair cloth does not come in contact with the neck. Cuspidors must be cleaned every day, and a disinfectant solution left in them at all times.
(Prior code, § 5.24.030; Code ????, § 8.08.040)
8.08.050 Serving infected persons--Conditions.
No barber shall serve any patron whose face or skin is inflamed or broken out, or contains
pus, unless all tools, mugs and utensils used upon said patron are immediately thereafter
subjected to a thorough sterilization before being used again, and unless the barber so working shall immediately disinfect and sterilize his hands.
(Prior code, § 5.24.040; Code ????, § 8.08.050)
8.08.060 Use of wood alcohol prohibited.
The use of wood alcohol in any form or percent shall not be used (except as fuel) in any
cosmetic or preparation used in any barbershop or on any patron.
(Prior code, § 5.24.050; Code ????, § 8.08.060)
8.08.070 Posting of chapter regulations.
The owner of every barbershop shall keep a copy of this chapter, to be furnished by the clerk
of the city commission, or city health officer, posted in his place of business in a conspicuous
place.
(Prior code, § 5.24.070; Code ????, § 8.08.070)
8.08.080 Violation--Penalty.99
Any person violating the provisions of this chapter shall be guilty of a misdemeanor.
(Prior code, § 5.24.080; Code ????, § 8.08.080)
Chapter 8.12
FIREWORKS*
*State law reference—Fireworks, MCA 50-37-101 et seq.
99 This section is covered by the general penalty.
Page 208 of 924
Sections:
8.12.010 Sale, discharge and use prohibited--Exceptions.
8.12.020 Removal of fireworks authorized when.
8.12.030 Violation--Penalty.
8.12.010 Fireworks Defined
The term "fireworks" means and includes any combustible or explosive composition or any
substance, combination of substances, or article prepared for the purpose of producing a
visible or audible effect by combustion, explosion, deflagration, or detonation and includes, but
is not limited to, sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of
balloons which require fire underneath to propel then, firecrackers, torpedoes, sparklers or other fireworks of like construction, any fireworks containing any explosive or flammable
compound, or any tablet or other device containing any explosive substance. This definition
includes items which contain even small amounts of silver fulminate, potassium nitrate,
ammonium perchlorate, or other chemical or pyrotechnical composition intended to produce a
pyrotechnic event or effect, even if not classified as a "hazardous material" under federal
regulation.
(Ord. No. 1612, § 1, 4-19-2004100)
8.12.020 When this chapter does not apply
This chapter shall not apply to:
A. Fireworks held or sold to a person possessing a valid permit under Section 50-37-107,
MCA, and a valid permit issued by the Director of Public Safety or designee for the purpose of
conducting a supervised public display of such fireworks.
B. Fireworks used by railroads or other transportation agencies for signal purposes or
illumination.
C. The sale or use of blank cartridges for a show or theater, for signal or ceremonial
purposes in athletics or sports, for use by peace officers, or for use by official military
organizations or organizations composed of veterans of the United States armed forces.
D. Toy paper caps containing not more than twenty-five hundredths of a grain of explosive
composition per cap.
(Ord. No. 1612, § 2, 4-19-2004)
8.12.030 Public Display Permitted When
A. The Director of Public Safety or designee may issue a permit for supervised public displays of fireworks, including "display fireworks", by the municipality, fair associations,
amusement parks, or other organizations or groups of individuals upon completion of the
necessary application and submission of appropriate fees as may be established by Resolution
of the City Commission. A visual site inspection shall occur before any permit is issued.
Submission of the application does not guarantee issuance of a permit.
100 Is this the correct adoption date?
Page 209 of 924
B. Each display shall:
1. be handled by a licensed, bonded Pyrotechnic Operator to be approved by the Director
of Public Safety or designee;
2. be located, discharged, or fired such that the display, in the opinion of the Director of Public Safety or designee, shall not be hazardous to persons or property;
3. clearly post a "NO SMOKING" warning within fifty (50) feet of the staging and discharge
area established for the display, and no one may smoke within the defined area.
C. The application for a permit shall be made in writing at least 15 days prior to the date
of the display, and shall contain, at a minimum:
1. a map of the proposed display venue, including the temporary storage site, the parking
and spectator viewing areas, the fireworks discharge point, location of structures and roads,
streets, alleys within a 1000 yard radius, overhead obstructions or other hazards;
2. the name of the licensed and bonded Pyrotechnic Operator along with the Operator's
qualifications, training and experience, and the names of any assistants for the event;
3. the location of all fire hydrants, water spigots or other access points for water, and all
other fire retardants or extinguishers available at or near the venue;
4. proof of general liability insurance in an amount acceptable to the City; and which
includes the City as an additional insured;
5. the name of the association, entity, organization or group and its organizing or
supervising board or responsible parties for the event;
6. a complete list of the fireworks intended for use in the display together with their
projectile range, if any;
7. The location, date and time of the display and written consent from the landowner; and
8. A detailed safety plan for the event.
D. Upon inspection and issuance of the permit, and only then, sales, possession and use of
fireworks for such display as detailed in the permit shall be lawful for that purpose only.
E. Following the public display, the organizers and the Pyrotechnic Operator shall be responsible for clean-up of the display site, including disposal of all discharged fireworks and
all non-discharged or "dud" fireworks in a safe manner.
F. No permit issued under this chapter shall be subject to transfer.
G. This permit may be revoked by the Director of Public Safety or designee when any of
the conditions under which the permit was granted change, when a hazardous condition is
determined to exist, or when, in the best judgment of the Director of Public Safety, such
permit must be withdrawn in the interests of public safety, and may include violation of any rule, regulation or requirement of this chapter.
(Ord. No. 1612, § 3, 4-19-2004)
Page 210 of 924
8.12.040 Sale and Discharge of Fireworks
A. No individual, firm, partnership, corporation or association shall possess for sale, sell, or
offer for sale, at retail, or discharge within the city limits, any fireworks, as defined herein,
except as specifically provided in this chapter.
B. No parent, guardian or custodian of any child under the age of majority shall knowingly
permit or consent to the possession or discharge of fireworks by any child under the age of
majority without proper supervision. Possession or discharge by any child under the age of
majority within the city limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian or custodian.
C. No fireworks may be discharged within the boundaries of or within three hundred (300)
feet of any public park owned or maintained by the City without a public display permit except
as otherwise provided in this chapter. No fireworks may be discharged upon any public street,
alley, road or right-of-way, except as otherwise provided in this chapter. No fireworks may be
discharged within 1000 feet of any hospital, nursing or assisted living facility. No fireworks
may be discharged under or upon a motor vehicle, whether moving or not, or within 300 feet
of any gas station; gas, oil or propane storage facility or other area which is highly flammable by nature.
D. Subject to the limitations contained in this chapter, fireworks, as listed below, may be
discharged within the city limits only on private property of the owner, or with the owner's
permission, or on paved city streets which are not arterial streets or collectors when such
discharge is in a safe and sane manner, and limited to the 4th of July holiday only:
1. between 12:00 p.m. July 3rd and 12:00 a.m. July 4th;
2. between 12:00 p.m. July 4th and 1:00 a.m. July 5th;
3. between 12:00 p.m. July 5th and 12:00 a.m. July 6th.;
and for the New Year's Day holiday only from 11:00 p.m. December 31st until 1:00 a.m. January 1st. As used in this part, "safe and sane manner" refers to actions which do not
endanger life, limb or property of those in the area of the discharge. Nothing in allowing the discharge of fireworks within the city limits relieves the individual, firm, partnership,
corporation or association of its responsibility for any injury or damage caused to individuals or
property by the discharge of the fireworks. Any discharge, with or without a permit, is at the
individual, firm, partnership, corporation or association's own risk, and is not sanctioned by
this ordinance.
E. Permitted fireworks are the following type of Class C "common fireworks" among those listed in federal law:
1. A cardboard or heavy paper cylindrical tube or cone that:
a. Produces a shower of color and sparks that reach a maximum of 15 feet;
b. May whistle or pop; and
c. Is not designed to explode or leave the ground;
Page 211 of 924
2. A pyrotechnic wheel device:
a. May be attached to a post or tree; and
b. Contains up to six "driver" units or tubes;
3. Any device that:
a. spins, jumps, or emits popping sounds when placed on the ground;
b. does not exceed a height of 15 feet when discharged; and
c. does not travel laterally more than 10 feet on a smooth surface when discharged;
4. Sparklers under 12 inches in length which do not have a magnesium make-up, glow
worms, snakes, party poppers, trick noisemakers; and
5. Certain mortar type aerial devices and multi-shot cakes that are found acceptable by
the Director of Public Safety or designee.
F. When, in the opinion of the Director of Public Safety, drought or other conditions exist
which, when coupled with the discharge of fireworks, would pose a hazard to persons or
property, the Director of Public Safety shall issue a ban on the discharge of all fireworks until
such time as the condition causing the ban ceases to exist.
G. Any individual, firm, partnership, corporation or association discharging fireworks under
this ordinance shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or "dud" fireworks, and the
associated debris from the discharged fireworks in a safe manner.
H. The safe and sane discharge of fireworks in accordance with the provisions of this
chapter shall not be deemed a violation of Title 8, Chapter 30 of this code, otherwise known as
the 'Noise Ordinance'.
(Ord. No. 1612, § 4, 4-19-2004)
8.12.050 General Liability Insurance Required
A. An individual, firm, partnership, corporation or association planning a public display of
fireworks shall provide proof of general liability insurance in an amount acceptable to the City;
and which includes the City as an additional insured.
B. Notice to the City shall be given ten (10) days prior to any public display if any insurance policy required under this chapter is cancelled or subject to non-renewal. Notice
shall be provided by the insured and the insurance carrier.
C. A copy of the insurance policy for any public display shall be filed with the Clerk of
Commission and shall indemnify the City against any damages to private or public property, as
well as any injuries to persons, which may be caused by or incident to the public display.
D. Any individual, firm, partnership, corporation or association discharging fireworks
without a public display permit shall be deemed to be the responsible party and shall be liable for any damages incurred as the result of such discharge. The individual, firm, partnership,
Page 212 of 924
corporation or association insurance policy or policies maintained by the individual or entity
discharging the fireworks shall be subject to any claim as a result of such discharge resulting
in damage or injury.
(Ord. No. 1612, § 5, 4-19-2004)
8.12.060 Enforcement
101A. The Department of Public Safety, specifically the Police Department and Fire
Department, shall enforce the rules and regulations of this chapter.
B. Any police officer or firefighter may, in the enforcement of this chapter, seize, impound,
remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered
for sale, sold, or in the possession of any individual, firm, partnership, corporation or association in violation of this chapter. Notice of the seizure and the reasons for the seizure
shall be reported to the Director of Public Safety within 48 hours of the seizure.
C. Fireworks seized under this section may be disposed of in a safe and proper manner by
the Department of Public Safety ten days after seizure.
D. Appeal of any seizure shall be filed with the Director of Public Safety in writing within five working days of the seizure. The decision of the Director of Public Safety on the appeal
shall be final.
(Ord. No. 1612, § 6, 4-19-2004)
8.12.070 Violation - Penalty102
Any individual, firm, partnership, corporation or association violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of
not less than $100 or more than $500 for a first offense, a fine of not less than $200 or more than $500 for a second offense, and a fine of not less than $300 or more than $500 for a third
or subsequent offense. Each day of a violation constitutes a separate offense. In the case of a
violation by a firm, partnership, corporation or association, the manager or members of the
partnership or responsible officers or agents shall be deemed to be prima facie responsible,
individually, and subject to the penalty as provided.
Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as a part of any conviction for any violation.
The Court may order the reimbursement of costs of enforcement, investigation, fire
suppression services, and overtime related to a violation upon conviction.
(Ord. No. 1612, § 7, 4-19-2004)
Chapter 8.16
SOLID WASTE*
*State law reference--Waste and litter control, MCA 75-10-101 et seq.
101 You have two departments under one department? 102 Use the general penalty instead?
Page 213 of 924
Sections:
8.16.010 Definitions.
8.16.015 City collection of solid waste.
8.16.020 Collection and disposal by city--Exemptions--Chapter provisions not exclusive.
8.16.030 Containers--Type and number required.
8.16.040 Administration--Rules and regulations.
8.16.050 Costs of collection and disposal--Collection and payment--Solid waste
fund. 8.16.060 Outdoor dumping of solid waste prohibited.
8.16.065 Dumping of hazardous materials/wastes prohibited. 8.16.070 Violation--Penalty.
8.16.010 Definitions.
8.16.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Automated collection service" means solid waste collection by the City of Bozeman through
the use of a collection truck which utilizes a mechanical arm to pick up and dump totes.
"Commercial account" means any place or premise used for non-residential, business or
professional purposes only that utilizes solid waste collection and disposal services provided by
the City.
"Director of Public Service" means the Director of Public Service or the Director's designee.
"Dumpster" means a solid waste container, owned by the City of Bozeman, used in the
dumpster collection system.
"Dumpster collection service" means solid waste collection by the City of Bozeman through the
use of a collection vehicle to empty the dumpsters.
"Solid waste" means all refuse, animal, plant and vegetable matter, ashes, floor sweepings, waste paper and the like; but shall not be construed to include animal or poultry manure,
basement, foundation or lawn excavations, or loose earth from excavations of any kind, or
trees, except small prunings; debris from the construction or wreckage of buildings which is
not a menace to the public health; but this definition shall not be held to exclude as solid
waste anything which is commonly known or accepted as such even though not specified herein, and in case of doubt or dispute the Director of Public Service shall decide such dispute
and the Director's decision shall be final and conclusive.
"Solid waste service" means the collection, removal and disposal of solid waste by, or at the
direction of, the City of Bozeman.
"Tote" means a solid waste container, owned by the City of Bozeman, which is used in the
automated collection program system.
(Prior code, § 5.20.010; Code ????, § 8.16.010; Ord 1478, § 1, 1998; Ord. No. 1367, § 1,
1993; Ord. No. 1323, § 1, 1991; Ord. No. 1544, § 1, 2-19-2001)
Page 214 of 924
8.16.015 City collection of solid waste.
A. Except as hereinafter provided, the Director of Public Service is responsible for the
collection and disposal of the solid waste for all residences, buildings or other premises located
within the City of Bozeman which accumulates solid waste.
B. The city shall provide solid waste service to all persons or properties within City Limits
requesting such service and as follows:
1. When totally undeveloped, vacant lands are annexed, the city shall provide all
subsequent solid waste service; or
2. When developed lands are annexed that are receiving no solid waste services, the city shall provide all subsequent solid waste services;
(Code ????, § 8.16.015; Ord. No. 1367, § 2, 1993; Ord. No. 1323, § 2, 1991; Ord. No. 1544,
§ 2, 2-19-2001)
8.16.020 Collection and disposal by city--Exemptions--Chapter provisions not
exclusive.
A. All solid waste generated within the City limits which will be disposed of by city solid waste services must be properly disposed of in a container acceptable to the solid waste
service. The collection of solid waste will be weekly except as follows:
1. 35-gallon totes may be collected on a weekly or monthly depending on need;
2. dumpsters may be collected daily or weekly depending on need.
B. If at any time, the property owner, occupant or operator fails to properly dispose of
solid waste in a container as provided in this chapter including but not limited to arranging for a special pick up or properly tagging excess solid waste items, the Director of Public Service
may place a Violation Notice on the property owner's, occupant's or operator's container and
the violation must be corrected within 24 hours. Should the violation not be corrected as
required or another violation occur with in six months of the first, the Director of Public
Service may, at the Director's discretion, require the property owner, occupant or operator to move to the next size container or containers and charge accordingly, charge the property
owner, occupant or operator under this chapter or both.
C. If, at any time, the removal or disposal of the solid waste from any property receiving
private solid waste service fails to properly dispose of solid waste as required by this chapter
including but not limited to proper disposal of excess solid waste items, the Director of Public
Service, or designee, may inform the property owner, occupant or operator, by certified letter of the deficiencies and, if applicable, a date by which the deficiencies must be corrected. If the
Director's concerns are not addressed within forty-eight (48) hours of receipt of the letter or reoccur within a period of six (6) months, the Director may require the solid waste to be
collected by City solid waste service and charge all costs to the property owner, occupant or
operator."
(Prior code, § 5.20.020; Code ????, § 8.16.020; Ord. No. 1478, § 2, 1998: Ord. No. 1367, §
3, 1993: Ord. No. 1323, § 3, 1991; Ord. No. 1544, § 3, 2-19-2001)
8.16.030 Containers--Type and number required.
Page 215 of 924
A. All solid waste for collection by the City shall be placed in containers as follows:
1. Except as provided in 8.16.030(B) below, for automated collection accounts all solid
waste will be placed in a tote provided by the City.
2. For dumpster collection accounts, all solid waste will be placed in a dumpster provided
by the City.
B. Except as provided herein, it is unlawful to cause or allow solid waste to be placed at the designated point of collection without being contained within a suitable container as
hereinbefore described.
On those occasions when a property's solid waste is too bulky or too large to fit in the
containers provided, the property owner, occupant or operator may place the solid waste
outside the containers provided they arrange for a special pick up or place a tag on all items of
solid waste to be removed. The property owner, occupant or operate will be charged as set
forth in Section 8.16.050.
C. Containers will be allowed within the street right-of-way the night before and on the
day of solid waste collection only, but must be stored off the right-of-way the remainder of the
time. Racks for compost only will be allowed along the alley right-of-way, provided they are
adequately maintained and do not encroach upon the driving area within the alley.
D. It is unlawful for any person or business to dump or place solid waste in a solid waste
container belonging to another person or upon any other premises without the consent of the owner of such container or premise."
(Prior code, § 5.20.030; Code ????, § 8.16.030; Ord. No. 1478, § 3, 1998: Ord. No. 1367, §
4, 1993: Ord. No. 1323, § 4, 1991; 1991; Ord. No. 1544, § 4, 2-19-2001)
8.16.040 Administration--Rules and regulations.
The execution and administration of the provisions of this chapter shall be, and are, committed
to the department of public service of the city, and to the director of the department, under the supervision and director of the city manager. The city manager, subject to approval of the
city commission, is authorized and empowered to make, alter, amend and repeal rules and
regulations not inconsistent with the provisions of this chapter, for operation and
administration; and such rules and regulations, as from time to time so adopted, altered,
amended, repealed and approved, shall be considered as a part of this chapter, to be read and construed and observed in connection herewith. The director of the department of public
service shall employ all help necessary for such administration, provide all collecting and hauling equipment, stationery, books or account, blank forms and other incidentals necessary
or convenient for efficient and economical administration of the provisions of this chapter and
the rules and regulations adopted and approved pursuant hereto and as herein provided.
(Prior code, § 5.20.040; Code ????, § 8.16.040; Ord. No. 1323, § 5, 1991)
8.16.050 Costs of collection and disposal--Collection and payment--Solid waste
fund.
Page 216 of 924
A. The City Commission will, on an annual basis, establish the collection rate by resolution.
The basis for the collection rate will be set as follows:
1. An automated collection system rate which will be based on the size of tote, frequency
of pick-up, and any applicable special fees.
2. A dumpster collection system rate based on a base rate, the size of the dumpster and
the frequency of pick-up and any applicable special fees.
3. A non-subscriber collection system rate for all residential properties within the City
which are not serviced by the City of Bozeman and are not serviced by any private contractor licensed by the Montana Public Service Commission for the collection and transportation based
on the monthly fee equivalent to a 65-gallon tote rate.
4. A special pick-up rate for additional or excess solid waste based on the type and
amount of additional or excess solid waste.
5. The rates established by resolution shall be set as monthly fees, and those fees shall be
included on the monthly water and sewer statement and will become delinquent if not paid by
the 15th of the month in which the bill is received.
6. The failure to pay the cost and expense of collecting and disposing of solid waste as
established under this chapter including but not limited to the cost of equipment, equipment
maintenance, salaries, wages, benefits and all general operations costs such as office
expenses will be specially assessed annually by resolution against the real property from which
solid waste is collected and removed. These shall be in addition to any remedies allowed under
Section 8.16.070 and the implementation of any lien shall not be interpreted to be the City's only remedy under this section.
B. All monies collected, received or paid under this chapter, shall be kept in a separate
fund to be known as the "Solid Waste Fund", and shall be paid out only on warrants drawn on
such fund and signed as are other warrants of the City for the disbursement of its funds, and
upon claims duly executed, presented, audited and allowed, all as required by law."
(Prior code, § 5.20.050; Code ????, § 8.16.050; Ord. No. 1493 § 1, 1999: Ord. No. 1478 § 4,
1998: Ord. No. 1367 § 5, 1993: Ord. No. 1323 § 6, 1991; Ord. No. 1544, § 5, 2-19-2001)
8.16.060 Outdoor dumping of solid waste prohibited.
Any deposit of solid waste upon the premises or property of another without the express
permission or consent of the owner or occupant of such other property or premises, or the
deposit of materials not identified or listed as acceptable materials at any recycling receptacle owned and operated by the City or any private entity is forbidden and prohibited, and any
such depositing shall be deemed a violation of this chapter and, upon conviction in the Municipal Court, shall subject the offender to the penalties provided within this chapter."
(Prior code, § 5.20.060; Code ????, § 8.16.060; Ord. No. 1502 § 1, 1999; Ord. No. 1478, § 5,
1998: Ord. No. 1367, § 6, 1993: Ord. No. 1323, § 7, 1991; Ord. No. 1544, § 6, 2-19-2001)
"8.16.064 Deposit of highly inflammable material prohibited
No person shall place or cause to be placed in or near the receptacle provided for the removal
of refuse, any highly inflammable wastes, acids or explosives of any kind whatsoever including but not limited to hot ashes. All such materials will be disposed of by the owner of the
Page 217 of 924
inflammable waste in a manner directed by the manufacturer."
(Ord. No. 1544, § 8, 2-19-2001)
8.16.065 Dumping of hazardous materials/wastes prohibited.
The unauthorized dumping or disposal of "hazardous materials" or "hazardous wastes," as
defined under state regulations, into the collection and disposal system or upon any properties within the city limits or upon property owned by the city shall be expressly prohibited. Such
unauthorized dumping of hazardous materials or hazardous wastes shall subject the violator to
the remedies and penalties set forth in the state statutes.
(Code ????, § 8.16.065; Ord. No. 1323, § 8, 1991)
State law reference—Hazardous waste management, MCA 75-10-401 et seq.
"8.16.066 Infectious waste.
It is unlawful for any person, with or without a permit, to dispose in the city landfill any
infectious waste which has not been treated as required by Montana state law and the
Department of Public Service Landfill Policy. Said infectious waste must be rendered non-
infectious and no longer a biological hazard. Infectious waste is that waste defined as "infectious waste" in Montana Code Annotated."
(Ord. No. 1544, § 9, 2-19-2001)
8.16.070 Violation--Penalty.
A. Any person violating any of the provisions of this chapter, or of any rule or regulation
adopted and approved pursuant thereto, will be guilty of a misdemeanor and subject to six
months in the county jail, a fine not to exceed five hundred dollars or both.103
B. In addition to, or separate from, the provisions set forth in part A above, the Director of
Public Service may, at her discretion, chose either or both of the following:
1. refuse to allow any person violating the provisions of this chapter from using the City's
landfill or transfer station; and
2. charge any person any costs incurred by the city in connection with said violation.
C. Should the Director decide to apply the provisions of B above, the Director shall adopt an appeal procedure to address any concerns of the individual."
(Prior code, § 5.20.070; Code ????, § 8.16.070; Ord. No. 1323, § 9, 1991; Ord. No. 1544, §
7, 2-19-2001)
8.16.075 Contract Authority.104
The City shall have the authority to enter into contracts with private haulers to provide service
to citizens within City limits as it sees fit. Nothing in this Chapter shall be interpreted as to
103 The penalty is covered by the general penalty. 104 Is this chapter consistent with current hauler contracts?
Page 218 of 924
limit this contracting authority.
(Ord. No. 1544, § 10, 2-19-2001)
Chapter 8.20
MEAT105
Sections:
8.20.010 Definitions.
8.20.020 Regulations and rules adopted by reference.
8.20.030 Meat to bear emblem of State Livestock Sanitary Board or USDA.
8.20.040 Inspection of commercial establishments.
8.20.050 Sale or serving of unauthorized meat prohibited.
8.20.010 Definitions.
For the purpose of this chapter, the following words, phrases, names and terms shall be
construed respectively to mean:
A. "Animals" means cattle, calves, sheep, swine and goats;
B. "Carcass" means all parts, including viscera, of a slaughtered animal that are capable of
being used for human food;
C. "Meat" means the flesh of all edible parts capable of being used for human food and
consumption, of cattle, calves, sheep, swine and goats;
D. "Person" means a natural person, partnership, corporation or other organization, and every officer, agent and employee thereof, and the singular shall include the plural as the case
may be.
(Prior code, § 5.28.020, Code ????, § 8.20.010)
8.20.020 Regulations and rules adopted by reference.
The general rules and regulations of the Montana Livestock Sanitary Board106 governing the
preparation, processing, storage, or other handling or disposition of any product coming within
the general scope and purview of this chapter, shall be and are adopted for the conduct and guidance of meat inspection within the channels of trade of the city.
(Prior code, § 5.28.050; Code ????, § 8.20.020)
8.20.030 Meat to bear emblem of State Livestock Sanitary Board or USDA.
The city commission of the city has determined that it is for the best interests of the health and general welfare of the inhabitants of the city that all meat or meat products, as herein
defined, offered for sale, displayed for sale, sold or served commercially by any person in the city shall bear the official stamp, emblem or legend of the State Livestock Sanitary Board, or
of the United States Department of Agriculture.
105 Are you still enforcing this chapter? 106 Does this board exist anymore?
Page 219 of 924
(Prior code, § 5.28.010; Code ????, § 8.20.030)
8.20.040 Inspection of commercial establishments.
The sanitary inspector of the 107city-county health department of the city and the county
shall, after the effective date of the ordinance codified in this chapter, inspect all establishments within the city offering for sale, displaying for sale or selling meats or meat
products to the public, either wholesale or retail, and places of commercial consumption of
meat or meat products to insure that only meat and meat products bearing accepted and
approved inspection legend are stored, kept, sold, distributed, processed or otherwise handled
by such establishments, and such sanitary inspector, or his deputies, are authorized and
directed, under the authority of this chapter, to enter and inspect any of the abovementioned
establishments at any time.
(Prior code, § 5.28.040; Code ????, § 8.20.040)
8.20.050 Sale or serving of unauthorized meat prohibited.
It is unlawful for any person to offer for sale, display for sale or sell any meat or meat
products, as defined in this chapter, which does not bear the official stamp, emblem or legend
of either the State Livestock Sanitary Board, or of the United States Department of
Agriculture, nor shall any meat or meat products be served commercially unless the whole of such portions served was a part of meat or meat products which bore the official stamp,
emblem or legend of the State Livestock Board or of the United States Department of
Agriculture. All of such meat or meat products bearing such official stamp, emblem or legend
must have been inspected by veterinarians authorized to so inspect and place the official
stamp, emblem or legend thereon by either the State Livestock Sanitary Board or the United
States Department of Agriculture, and inspected and approved in accordance with their
respective rules and regulations and in conformity with the state and federal laws.
(Prior code, § 5.28.030; Code ????, § 8.20.050)
Chapter 8.24
MILK108
Sections: 8.24.010 Regulatory ordinance adopted by reference with certain deletions--
Scope.
8.24.020 Sale of unauthorized milk prohibited.
8.24.010 Regulatory ordinance adopted by reference with certain deletions--
Scope.
The production, transportation, processing, handling, sampling, examination, grading, labeling
and sale of all milk and milk products sold for ultimate consumption within the city, or its police jurisdiction; the inspection of dairy herds, dairies, and milk plants; the issuing and
revocation of permits to milk producers, haulers, and distributors; and the fixing of penalties,
107 Wherever health officer or health department are mentioned throughout the Code, should I
refer to them as the city-county health officer or the city-county health department? 108 Are you still enforcing this chapter?
Page 220 of 924
shall be regulated in accordance with the terms of the unabridged form of the ordinance Milk
Ordinance and Code--1953 Recommendation of the Public Health Service, a certified copy of
which shall be on file in the office of the clerk; provided, that the words "municipality of" in
said unabridged form shall be understood to refer to the city of Bozeman; provided further,
that in said unabridged form all parenthetical expressions referring to degrading shall be
understood to be deleted; provided further, that in Section 7, Item 1r of said unabridged ordinance, either Plan A or Plan B approved by the BAI for the eradication of brucellosis shall
be in effect within three years; provided further, that Sections 8 and 16 of said unabridged
ordinance shall be replaced, respectively, by Sections 8.24.020 and 8.24.030 of this chapter.
(Prior code, § 5.32.010; Code ????, § 8.24.010)
8.24.020 Sale of unauthorized milk prohibited.
From and after twelve months from the date on which this chapter takes effect, no milk or milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery
stores or similar establishments, except certified pasteurized and Grade A pasteurized;
provided, that when any milk distributor fails to qualify for one of the above grades, the health
officer is authorized to suspend his permit and/or to institute court action.
(Prior code, § 5.32.020; Code ????, § 8.24.020)
Chapter 8.28
NUISANCES*
*State law reference--Public nuisance, MCA 45-8-111 et seq.
Sections: 8.28.010 Purpose.
8.28.020 Application.
8.28.030 Responsibility for maintenance.
8.28.040 Definitions.
8.28.050 Public nuisances.
8.28.060 Enforcement.
8.28.070 Summary abatement. 8.28.080 Abatement in other cases--Notice.
8.28.090 Abatement by owner.
8.28.100 Appeal procedures--Hearing.
8.28.110 Abatement by city.
8.28.120 Notice of assessment--Appeal of charges.
8.28.130 Personal liability of owner.
8.28.140 Overhead charge--Civil penalties.
8.28.010 Purpose.
A. The intent of this chapter is to provide a comprehensive mechanism for the
identification and abatement of public nuisances within the city.
B. The remedies provided for in this chapter are supplemental and complementary to all of the provisions of this code, and state and federal law, and nothing herein shall be read,
interpreted or construed in any manner to limit any existing right or power of the city to abate any and all public nuisances.
Page 221 of 924
(Code ????, § 8.28.010; Ord. No. 1452, § 2, 1998)
8.28.020 Application.
The provisions of this chapter shall apply to all property throughout the city wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition
which would constitute a violation of this chapter but which is duly authorized under any other city, state or federal law, shall not constitute a violation.
(Code ????, § 8.28.020; Ord. No. 1452, § 2, 1998)
8.28.030 Responsibility for maintenance.
Every owner, occupant, lessee or holder of any possessory interest of real property within the city is required to maintain such property so as not to violate the provisions of this chapter.
The owner of the property shall remain liable for violations hereof regardless of any contract or
agreement with any third party regarding such property or the occupation of the property by
any third party.
(Code ????, § 8.28.030; Ord. No. 1452 § 2, 1998)
8.28.040 Definitions.
As used in this chapter:
"Abatement" means the removal, stoppage, prostration, or destruction of that which causes or
constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or
effacing it.
"Owner" means the owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
"Property" means any real property, premises, structure or location on which a public nuisance
is alleged to exist.
"Public nuisance" means any fence, wall, shed, deck, house, garage, building, structure or any
part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock; or any lot, land, yard, premises or location which
in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or
cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more
individuals in the city, in any one or more of the following particulars:
1. By reason of being a menace, threat and/or hazard to the general health and safety of the community.
2. By reason of being a fire hazard.
3. By reason of being unsafe for occupancy, or use on, in, upon, about or around the
aforesaid property.
4. By reason of lack of sufficient or adequate maintenance of the property, and/or being
vacant, any of which depreciates the enjoyment and use of the property in the immediate
Page 222 of 924
vicinity to such an extent that it is harmful to the community in which such property is
situated or such condition exists.
The term public nuisance shall mean any nuisance designated in Section 8.28.050 of this
chapter.
"Summary abatement" means abatement of the nuisance by the city, or a contractor employed
by the city, by removal, repair, or other acts without notice to the owner, agent, or occupant of
the property except for the notice required by this chapter.
(Code ????, § 8.28.040; Ord. No. 1452, § 2, 1998)
8.28.050 Public nuisances.109
A. The following are declared to be public nuisances:
1. Any building or structure which meets the definition of an unsafe building or structure
as provided in Section 102 of the Uniform Building Code, or any successor provision, adopted
pursuant to Bozeman Municipal Code Section 15.01.010.
2. Any building or structure which meets the definition of a dangerous building as provided in Section 302 of the Uniform Code for the Abatement of Dangerous Buildings, or any
successor provision, adopted pursuant to Bozeman Municipal Code Section 15.01.010.
3. Any building or structure which meets the definition of a substandard building as
provided in Section 1001 of the Uniform Housing Code, or any successor provision, adopted
pursuant to Bozeman Municipal Code Section 15.01.010.
4. Any violation of Title 18 of the Bozeman Municipal Code relating to the city's planning
and zoning laws and regulations.
5. Any imminent life safety hazard which creates a present and immediate danger to life,
property, health or public safety.
B. The following may be declared to be public nuisances:
1. Any condition which constitutes an attractive nuisance whether within a structure or on the premises.
2. Any building or place which has been operated or maintained in a manner that has
resulted in repeated disruptive activities including, but not limited to, disturbances of the
peace, public drunkenness, drinking in public, harassment of passerby, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal
parking, loud noises (particularly in late night or early morning hours), traffic violations, or police detentions and arrests.
3. Any condition which renders air, food or drink unwholesome, unsanitary or detrimental
to health.
109 References in this section to the Uniform Codes should be changed to the appropriate sections
of the International Codes.
Page 223 of 924
4. Any condition which poses a fire hazard.
5. Any condition in violation of Title 6 of this code (Animals).
6. The ownership, maintenance or operation of a dog or animal kennel without proper
provisions for the protection of the surrounding properties from odor and sound generated by the kennel.
7. The keeping, storage, depositing or accumulation on the premises for an unreasonable
period of time of any personal property or wastes, including, but not limited to, abandoned,
wrecked, dismantled or inoperative vehicles, abandoned, wrecked, or dismantled boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials,
scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property
or the public right-of-way and which is detrimental to the public health, safety and general
welfare. However, building materials being used or to be used for a project of repair or
renovation for which a building permit has been obtained may be stored for such period of
time as is necessary expeditiously to complete the project.
8. Any public nuisance as defined in MCA 45-8-111 or otherwise recognized in law as constituting a public nuisance.
(Code ????, § 8.28.050; Ord. No. 1452, § 2, 1998)
8.28.060 Enforcement.
The planning and zoning department110 shall have primary responsibility for the abatement of
a public nuisance under this chapter.
(Code ????, § 8.28.060; Ord. No. 1452, § 2, 1998)
8.28.070 Summary abatement.
A. Whenever a complaint is made to the planning department of the existence of a public
nuisance, as defined in Section 8.28.040 or Section 8.28.050, the planning department shall
promptly cause to be inspected the property on which it is alleged that such public nuisance
exists. Should the planning department find that a public nuisance exists, and that the public health, safety or welfare may be in immediate danger, then summary abatement procedures
shall be implemented and the planning department may cause the nuisance to be removed or
abated. The planning department may notify the building inspector if the public nuisance
involves a building that appears structurally unsafe. The building inspector, upon being notified
by the planning department shall cause the building on which it is alleged such public nuisance
exists to be inspected and submit a written report of such inspection and the findings to the
planning department.
B. When summary abatement is authorized, notice to the owner, agent or occupant of the
property is not required. Following summary abatement, the planning department shall cause
to be posted on the property liable for the abatement a notice describing the action taken to
abate the nuisance.
(Code ????, § 8.28.710; Ord. No. 1452, § 2, 1998)
110 Is this now the department of planning and community development?
Page 224 of 924
8.28.080 Abatement in other cases--Notice.
A. If, after inspecting the property on which the nuisance is reported, the planning
department declares the existence of a public nuisance, but the nature thereof is not such as
to require the summary abatement of such nuisance, then, regular abatement procedures shall be followed. Photographs and reports of the findings and inspections shall be made and
filed with the planning department.
B. The planning department shall determine the individual, firm or corporation who, from
the records in the clerk and recorder's office, appears to be the titled owner of the aforesaid property and immediately cause a written notice to be served on such individual, firm or
corporation by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the clerk and
recorder's records, or by copy mailed to such owner at such place or address by United States
certified mail return receipt. If service of such written notice is unable to be perfected by any
of the methods described above, the planning department shall cause a copy of the aforesaid
notice to be published in a newspaper of general circulation in the city, once a week for two
consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the
individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the planning department shall cause a
copy of the notice to be posted at such structure, location or premises. The planning
department shall also determine from the clerk and recorder's office who the lienholder of the
property, if any, as documented therein, is and cause a written notice to be served on such
lienholder by United States mail return receipt.
C. The aforesaid notice to the owner, and lienholder, if any, of the property shall state clearly and concisely the findings of the planning department with respect to the existence of a
public nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the public nuisance, pursuant to the orders contained in the planning
department's notice, the public nuisance shall be abated by the city at the expense of the
owner.
D. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this chapter is issued and served upon him, shall be responsible for
complying with that order, and liable for any costs incurred by the city therewith, notwithstanding the fact that he conveys his interests in the property to another after such
order was issued and served.
E. It shall not be a defense to the determination that a public nuisance exists that the
property is boarded up or otherwise enclosed.
(Code ????, § 8.28.080; Ord. No. 1452, § 2, 1998)
8.28.090 Abatement by owner.
A. Within thirty days after the posting and mailing of a notice to abate a nuisance, the
owner, agent of the owner, or individual in possession of the affected property shall remove
and abate such nuisance or show that no nuisance in fact exists. Such showing shall be made
by filing a written statement that no nuisance exists. The statement shall be filed with the
planning department.
B. The planning department, upon written application by the owner within the thirty-day
Page 225 of 924
period after the notice has been served, may grant additional time for the owner to effect the
abatement of the public nuisance, provided that such extension is limited to a specific time
period.
(Code ????, § 8.28.090; Ord. No. 1452, § 2, 1998)
8.28.100 Appeal procedures--Hearing.
A. The owner or occupant of the property who has been served with a notice pursuant to
this chapter that a public nuisance exists and that it must be abated within thirty days, may,
within seven calendar days after receipt of such notice, make a written demand to the
planning department for a hearing on the question of whether a public nuisance in fact exists.
The hearing shall be held at the next scheduled regular meeting of the city commission following receipt by the planning department of the written demand and at least two days'
notice of the hearing shall be given to the individual who made the written demand for the hearing.
B. The hearing shall be conducted by the city commission. The commission may amend or
modify the notice and/or order, or extend the time for compliance with the planning
department's order by the owner by such date as the majority of the commission may determine.
C. The owner, agent of the owner, occupant and lienholder, if any, of the subject property
shall be given the opportunity to present evidence to the commission in the course of the
hearing.
D. In those instances where the nuisance has been abated by the city, the commission
shall have discretion to waive the cost of abating a nuisance, in whole or in part, if in the
course of the hearing reviewing the decision, the commission finds that any of the following did not conform to the provisions of this chapter:
1. The notice to remove the nuisance;
2. The work performed in abating the nuisance; or
3. The computation of charges.
(Code ????, § 8.28.100; Ord. No. 1452, § 2, 1998)
8.28.110 Abatement by city.
A. Should any public nuisance not be abated at the expiration of time stated in the
notice/order or within such additional time as the planning department or commission may grant, the planning department shall have the authority to enter upon the property and abate
the public nuisance found thereon. In abating such nuisance, the planning department may go to whatever extent may be necessary to complete the abatement of the public nuisance and
should it be practicable to salvage any material derived in the aforesaid abatement, the
planning department may sell the salvaged material at private or public sale at the best price
obtainable and shall keep an accounting of the proceeds thereof.
B. The proceeds, if any, obtained from the sale of any material salvaged as a result of an
abatement of a public nuisance by the planning department shall be deposited to the general fund of the city and any deficit between the amount so received and the cost of the abatement
may be levied as an assessment against the property in question by the city commission and
Page 226 of 924
collected as any other assessment by the city; however, any other alternative collection
method may be utilized by the city to recoup the deficit. Should the proceeds of the sale of
such salvaged material exceed the cost of abatement, the surplus, if any, shall be paid to the
owner of the property from which the public nuisance was abated when a proper claim to the
excess is established.
C. In abating a public nuisance, the planning department may call upon any of the city
departments or divisions for whatever assistance shall be deemed necessary or may by private
contract cause the abatement of the public nuisance.
D. The planning department shall, after completing the removal and abatement, file a statement of costs with the finance department.
(Code ????, § 8.28.110; Ord. No. 1452, § 2, 1998)
8.28.120 Notice of assessment--Appeal of charges.
A. Upon receipt of the statement of costs from the planning department, the finance
department shall mail to the owner of the property upon which the public nuisance has been
abated notice of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the city proposes to assess against the property
the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the finance department within twenty days from the date of
mailing such notice. Upon the expiration of the twenty-day period, if no objections have been
received by the finance department, the finance department shall enter that amount in the
city liens docket which shall therefore constitute a lien against the property.
B. If objections of either the property owner or their representative are received by the
finance department prior to the expiration of the twenty-day period, the finance department shall refer the matter to the planning department for administrative review.
C. Upon conclusion of administrative review, the planning department shall make a written
determination that the amount of the charges shall be canceled, reduced, or remain the same.
A copy of this determination shall be furnished to the person making the objections together
with a notice of such person's right to appeal to the city commission.
D. If no appeal of a determination by the planning department is filed within the time
period allowed, a copy of the determination will be furnished to the finance department who
shall then enter a lien in the amount determined by the planning department in the city liens
docket as provided in subsection A of this section.
E. If a timely appeal is received by the city commission, a hearing shall be scheduled and
held on the matter. If, after the hearing, the city commission determines that the proposed assessment does not comply with subsection G of this section, the city commission shall so
certify to the finance department and the proposed assessment shall be canceled. If, after the
hearing, it is determined that the proposed assessment or any part of it is proper and
authorized, the city commission shall so certify to the finance department who shall enter a
lien in such amount as determined appropriate by the city commission, in the lien docket as
provided in subsection A of this section.
F. The determination of the city commission is a final administrative decision.
G. The planning department, in administrative review, or the city commission, on appeal,
Page 227 of 924
may reduce or cancel a proposed assessment if it is determined that:
1. Any of the following did not conform to the provisions of this Chapter:
a. The notice to remove the nuisance; or
b. The work performed in abating the nuisance; or
c. The computation of charges; or
2. The owner of the property was eligible for a waiver of costs under Section 8.28.140.
H. The planning department, in administrative review, or the city commission, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it
is determined that:
1. The current owner was not in possession of the property at the time the notice required
in Section 8.28.080 was posted; or
2. The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such
knowledge.
I. If, after a lien has been entered in the docket of city liens, there is a written request of
an owner who alleges that the owner did not receive notice of the proposed assessment, the
finance department shall refer the matter for review pursuant to subsection B of this section.
J. The lien may be canceled or reduced by the planning department, in administrative
review, or the city commission, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the
nuisance abatement work constituting the basis of the lien, could not, in the exercise of
reasonable care or diligence, have had such knowledge, and in addition, that the
circumstances are such that a reduction or cancellation of the charges would have been
appropriate had the matter been reviewed pursuant to this section prior to assessment. Upon receipt of a certification from the city commission, pursuant to subsection E of this section, the
finance department shall cancel or reduce the lien if required by the determination of the planning department and/or city commission.
(Code ????, § 8.28.120; Ord. No. 1452 § 2, 1998)
8.28.130 Personal liability of owner.
The person who is the owner of the property at the time at which the notice required under Section 8.28.080 is posted shall be personally liable for the amount of the assessment
including all interest, civil penalties, and other charges.
(Code ????, § 8.28.130; Ord. No. 1452 § 2, 1998)
8.28.140 Overhead charge--Civil penalties.
A. Whenever a nuisance is abated by the city, the planning department shall keep an
accurate account of all expenses incurred, including an overhead charge of twenty-five percent for administration and a civil penalty of two hundred dollars for each nuisance abated.
Page 228 of 924
B. When the city has abated a nuisance maintained by any owner of real property, for
each subsequent nuisance that is abated by the city within two consecutive calendar years
concerning real property, owned by the same person, an additional civil penalty of fifty
percent, minimum of fifty dollars, of the cost of abatement shall be added to the costs,
charges and civil penalties provided for in subsection A of this section. The civil penalty shall
be imposed without regard to whether the nuisances abated by the city involve the same real property or are of the same character.
(Code ????, § 8.28.140; Ord. No. 1452, § 2, 1998)
Chapter 8.30. NOISE
8.30.010 Purpose.
The City Commission of the City of Bozeman hereby enacts this ordinance to protect,
preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City
of Bozeman through the reduction, control, and prevention of raucous noise, or any noise
which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or
safety of reasonable persons of ordinary sensitivity.
(Ord. No. 1539, § 1(8.30.010), 9-24-2001)
8.30.020 Findings. A. Loud and raucous noise degrades the environment of the City of Bozeman to a degree
that:
1. It may be harmful to the health, welfare, and safety of its inhabitants and visitors;
2. It may interfere with the comfortable enjoyment of life and property reasonably
expected in an urban environment;
3. It may cause or aggravate health problems.
B. Both the effective control and the elimination of loud or raucous noise are essential to
the health and welfare of the citizens and visitors of the City of Bozeman as well as to the conduct of the normal pursuits of life, including recreation, work and communication.
C. The use of sound amplification equipment creates loud and raucous noise that may, in a
particular manner and at a particular time and place, substantially and unreasonably invade
the privacy, peace, and freedom of the citizens of and visitors to the City of Bozeman.
D. Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and
commercial vitality of the City of Bozeman.
(Ord. No. 1539, § 1(8.30.020), 9-24-2001)
8.30.030 Scope.
This ordinance applies to the control of all sound originating within the jurisdictional limits of
the City of Bozeman.
(Ord. No. 1539, § 1(8.30.030), 9-24-2001)
8.30.040 Definitions.
Page 229 of 924
A. Director of Public Safety means the Director of the Department of Public Safety of the
City of Bozeman or the Director's designee.
B. Director of Public Service means the Director of the Department of Public Service of the
City of Bozeman or the Director's designee.
C. Emergency means any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate attention.
D. Emergency work means any work
1. performed for the purpose of preventing or alleviating physical trauma or property
damage;
2. restoring property to a safe condition following a public calamity;
3. by private or public utilities when restoring utility service; or
4. performed to protect persons or property from exposure to danger or potential danger.
E. Health means an optimal state of physical, mental and emotional well being and not
merely the absence of disease.
F. Person means any individual, firm, association, partnership, joint venture, corporation
or public entity including but not limited to federal, state or city government.
G. Public right of way means any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is normally accessible to the public which is owned or controlled by a
government entity.
H. Public space means any real property or structure on real property, owned by the
government and normally accessible to the public, including but not limited to parks and other
recreational areas. For the purposes of this ordinance, public space will also include any
property, whether publicly or privately owned, used by members of the general public as a method of ingress, egress or for parking.
(Ord. No. 1539, § 1(8.30.040), 9-24-2001)
8.30.050 Loud noises prohibited.
It is unlawful to perform any of the following acts anywhere within the City's jurisdictional
limits:
A. Sound amplifying equipment. Except as authorized in 8.30.060.A.5. herein, using operating or permitting the use of any radio receiving set, musical instrument, "boombox," CD
Player, radio, television, phonograph or other machine or device for the production or
reproduction of sound in such a manner as to disturb the quiet, comfort or repose of any
normally sensitive and reasonable person.
B. Yelling and shouting. Except as authorized in 8.30.060.A.5. herein, yelling,
shouting, hooting, or whistling on public right of way at any time as to annoy or disturb the
quiet, comfort, or repose of any normally sensitive and reasonable person.
Page 230 of 924
111C. Animals. Owning, keeping, having in possession or harboring any animals which, by
frequent or habitual howling, barking, meowing, squawking, or any other noise as to disturb
the quiet, comfort, or repose of any normally sensitive and reasonable person.
D. Defect in vehicle or load. Operating any truck, trailer, automobile, motorcycle, or vehicle
so out of repair or so leaded in such a manner as to create loud and unnecessary grating,
grinding, rattling or other noises.
E. Loudspeakers, amplifiers, public address systems. Except as authorized in
8.30.060.A.5. herein, the use or operation of any loudspeaker, amplifier, public address
system or any similar instrument or equipment whose purpose is to amplify or make sound louder in a fixed or movable position or mounted upon any sound truck for the purpose of
giving instructions, directions, talks, addresses, lectures, or transmitting music to any person
or assemblages, in or on any public right of way within city areas in such a manner as to
disturb the quiet, comfort or repose of any normally sensitive and reasonable person.
F. Loud or unusual noises. Making or causing to be made any excessive or unusually loud
noise or any noise which is so harsh, prolonged, unnatural, or unusual in time and place as to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of any
reasonable person of normal sensitivity within the limits of the City.
(Ord. No. 1539, § 1(8.30.050), 9-24-2001)
8.30.055 Loud noises prohibited in residential areas.
112A. Except as authorized in 8.30.060, it is unlawful to perform any of the following acts
within areas of the City zoned R-1, R-2, R-2-a, R-3, R-3-a, R-4, R-O, RMH, R-S or PLI:
1. Non-emergency signaling devices. Sounding any horn or signaling device on any truck, automobile, motorcycle, or other vehicle including but not limited to the use of backup beepers
except as a warning signal.
2. Exhausts. Discharging into open air the exhaust of any steam engine, stationary
internal combustion engine, motorboat, or motor vehicle, except through a muffler or other
device which will effectively prevent loud or explosive noises.
3. Construction projects. Operating equipment or performing any construction or repair
work on buildings, structures, streets, highways, bridges or other public right of way or
operating any pile driver, steam shovel, pneumatic hammer, derrick, steam electric hoist,
generator, pump or other construction-type device in such a manner which may disturb the
quiet, comfort or repose of any normally sensitive and reasonable person.
4. Loading, unloading or opening containers. Loading, unloading, opening or other handling of boxes, crates, containers, garbage containers or other objects in such a manner as
to disturb the quiet, comfort or repose of any normally sensitive and reasonable person.
5. Snow blowers, leaf blowers or similar devices. Operating any noise-creating blower,
power fan, or any internal combustion engine, the operation of which causes noise due to the
explosion of operating gases or fluids including but not limited to snow blowers or other snow
111 Animal noise is also covered in Code § 6.04.010. 112 I don’t see the R-2-a or R-3-a districts in your UDO.
Page 231 of 924
removal devices, leaf blowers, chainsaws, or lawnmowers in a manner which may disturb the
quiet, comfort or repose of any normally sensitive and reasonable person.
113B. The activities described in 8.03.055(A) above are authorized in areas within the City of
Bozeman zoned B-1, B-2, B-3, M-1, M-2, HMU and BP without restrictions set forth in 8.03.060 below.
(Ord. No. 1539, § 1(8.30.055), 9-24-2001)
8.30.060 Exceptions.
A. Subject to Section 8.30.050 and 8.30.055.A., the following activities will be authorized
as follows:
1. Non-emergency signaling devices. Except as authorized in part 3 of this section, the sounding or permitting of any sounding of amplified signals from any bell, chime, siren,
whistle or similar device intended primarily for non-emergency purposes, including but not
limited to back up beepers, will be authorized at any time between the hours of 6:00 a.m. and
8:00 p.m. from October 1 through March 30 and between 6:00 a.m. and 10:00 p.m. from
April 1 through September 30.
2. Construction projects. Operating equipment or performing any construction or repair work as defined above will be authorized between the hours of 6:00 a.m. and 8:00 p.m. from
October 1 through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through
September 30. The Director of Public Service may authorize temporary relief from this section
upon application and a showing of extraordinary need for the use of this equipment beyond or
outside these hours. Such authorization will clearly set forth the dates and hours of the
authorized use as well as any special conditions needed to mitigate potential negative noise
impacts.
3. Loading, Unloading or Opening Containers. The loading, unloading, opening or other handling of boxes, crates, containers, solid waste containers or other similar objects, including
but not limited to the collection of solid waste as defined in Section 8.16.010, recyclables or
compostable materials by either the City of Bozeman or a private contractor duly licensed by
the Montana Public Service Commission for the collection and transportation of solid waste will
be authorized provided the parties obtain and comply with any permits required by Title 18 of the Bozeman Municipal Code. Should a permit not be required, this activity is authorized
between the hours of 5:00 a.m. and 8:00 p.m. from October 1 through March 30 and between 5:00 a.m. and 10:00 p.m. from April 1 through September 30.
4. Snow blowers, leaf blowers or similar devices. The operation of any equipment as
defined above will be authorized between the hours of 6:00 a.m. and 8:00 p.m. from October
1 through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through September 30.
5. Outdoor events. Any outdoor gatherings, public dances, shows sporting events, and
other similar outdoor events will be authorized provided the parties obtain any permits
required by Title 12 Chapter 32 of this code. Should the event not require a permit, the
gathering will be authorized between the hours of 6:00 a.m. and 8:00 p.m. from October 1
through March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through September 30.
113 What about UMU?
Page 232 of 924
6. Outdoor activities. Activities conducted on public playgrounds and public or private
school grounds, which are conducted in accordance with the manner in which such spaces are
generally used, including but not limited to the use of a City-owned park, swimming pool,
skate park, ball fields, school athletic or school entertainment events.
7. Public work. Noise created in the performance of any work in the public right-of-way or on public space as defined herein which is reasonably necessary for the public benefit, welfare,
convenience or safety, including but not limited to the maintenance of streets, parking lots,
water and wastewater lines but excluding solid waste activities.
B. Nothing in this section will be construed to allow activity which is prohibited under Title 18 of this code.
(Ord. No. 1539, § 1(8.30.060), 9-24-2001)
8.30.070 Emergency Exemption.
A. Any of the acts defined in Section 8.30.050, 8.30.055 and 8.30.060 which are
performed for emergency work for the safety, welfare, and public health of the citizens of
Bozeman are exempted from the provisions of this section.
(Ord. No. 1539, § 1(8.30.070), 9-24-2001)
8.30.080 Enforcement.114
A. The Director of Public Safety will have the primary responsibility for the enforcement of
this ordinance. Nothing in this ordinance will prevent the Director from obtaining voluntary
compliance by way of warning, notice or education.
B. A violation of this section will be punishable as follows:
1. 1st Offense will be punishable by a fine of not more than $500.00 or six months in the county jail or both;
2. 2nd Offense occurring within one year from the conviction of the first offense will be
punishable by a minimum fine of not less than $100.00 or more than $500.00, a maximum of
six months in the county jail or both;
3. 3rd Offense occurring within one year from the conviction of the first offense will be punishable by a minimum fine of not less than $200.00 but in no event more than $500.00, a
maximum of six months in the county jail or both;
4. 4th Offense occurring within one year from the conviction of the first offense will be
punishable by a minimum fine of not less than $350.00 but in no event more than $500.00, a
maximum of six months in the county jail or both;
5. 5th Offense occurring within one year from the conviction of the first offense will be
punishable by a fine of $500.00, a maximum of six months in the county jail or both.
C. Nothing in this chapter will be construed to prevent or interfere with an individual's
constitutional right to free speech. If a person's exercise of a constitutional right to free
speech would violate this ordinance, that person must be ordered, and have the opportunity,
114 Do you wish to use the general penalty instead?
Page 233 of 924
to move, disperse, or otherwise remedy the violation prior to arrest or a citation being issued."
(Ord. No. 1539, § 1(8.30.080), 9-24-2001)
Chapter 8.32
SMOKING IN PLACES OF PUBLIC ASSEMBLY115
Sections:
8.32.010 Locations where smoking is prohibited.
8.32.020 Enforcement authorized when--Violation deemed misdemeanor.
8.32.010 Locations where smoking is prohibited.
Except in a smoking room regularly designated and approved by the chief of the fire
department, smoking in any part of any opera house, theater, moving picture house,
playhouse, auditorium or dancehall, while any performance, entertainment, lecture, show,
play, exhibition or dance is in progress, is prohibited.
(Prior code, § 6.42.010; Code ????, § 8.32.010)
8.32.020 Enforcement authorized when--Violation deemed misdemeanor.
The chief of police or any policeman, the chief of the fire department or any fireman under his
direction, and each or any of them, is and are directed, empowered and required promptly to
stop any performance, exhibition, entertainment, concert, play, lecture, show or dance, when,
in the judgment of them, or any of them, such action is necessary for public safety or for the
enforcement of the provisions of this chapter, and forthwith to arrest or to eject from the
building, or both, each and every person violating the provisions of this chapter; and every person convicted in the police court of a violation of this chapter shall be guilty of a
misdemeanor.
(Prior code, § 6.42.020; Code ????, § 8.32.020)
Chapter 8.36
WEED ABATEMENT*
*State law reference—Control of nuisance weeds within municipality, MCA 7-22-4101.
Sections:
8.36.010 Cutting weeds and vegetation required--Notice--Failure deemed
misdemeanor.
8.36.020 Abatement by city authorized when--Assessment of costs.
8.36.010 Cutting weeds and vegetation required--Notice--Failure deemed
misdemeanor.
Any person who is the owner of or agent for any lot or parcel of land within the city limits, who
permits or suffers to exist upon, in front of, or along such premises so owned by him or for
115 This chapter appears to be superseded by Code ch. 8.48 and the fire code.
Page 234 of 924
which he is the agent, any growth of weeds or vegetation116, or any tree or shrub of which
the limbs or branches extend over any public sidewalk at a height of less than seven feet
above such sidewalk, shall be deemed guilty of maintaining a nuisance, and if such owner or
agent neglects or refuses to cut and destroy any such growth of weeds or vegetation, or to cut
away such branches, within ten days after being notified in writing by the city engineer to cut the same, he shall be deemed guilty of a violation of this chapter, and upon conviction shall be
punished as for a misdemeanor.
(Prior code, § 6.50.010; Code ????, § 8.36.010)
8.36.020 Abatement by city authorized when--Assessment of costs.
In case any nuisance as defined in Section 8.36.010 exists upon, in front of or along any lot or
parcel of land within the city, whether such lot or parcel of land is occupied or unoccupied, the city engineer, instead of prosecuting such owner or agent, may cause such nuisance to be
abated either after notice or immediately without notice, as the necessity therefor in each case
in his judgment may warrant, either of which shall be done at the expense of the owner, and
the city commission may specially assess such expense to such property as a tax, which shall
be collected as other taxes are collected.
(Prior code, § 6.50.020; Code ????, § 8.36.020)
Chapter 8.40
LITTERING117
Sections:
8.40.010 Loose material in transit.
8.40.020 Loose material defined.
8.40.010 Loose material in transit.
Any person, firm, business, corporation or agent thereof, transporting a load of loose material
to the city's landfill or other installation established for disposing of said loose material which
has not been covered or contained in a secured and covered container shall pay in addition to
the established dumping fee, an anti-litter assessment of twenty-five dollars per load for vehicles smaller than a one-ton truck and small trailers, which include pickup boxes converted
to trailers and smaller; and fifty dollars per load for one-ton trucks and larger.
(Code ????, § 8.40.010); Ord. No. 1386, § 1, 1994: Ord. No. 1265, § 1, 1988)
8.40.020 Loose material defined.
116 This is rather vague. Do you want a height limitation for weeds? 117 Compare to the following Code section:
10.08.250 Driving vehicles with leaking loads prohibited.
No vehicle shall be driven or moved on any street unless such vehicle is so constructed or
loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
(Prior code, § 11.04.405 (c)(3) ; Code ????, § 10.08.050)
Page 235 of 924
Loose material is defined as including, but not limited to, grass clippings, branches, leaves,
building debris, garbage, refuse, trash, paper, cardboard, or any other item, article or material
subject to being discharged from a moving vehicle because of movement, vibration, wind or
other physical force.
(Code ????, § 8.40.020; Ord. No. 1265, § 2, 1988)
Chapter 8.44
FIRE CONTROL*
*State law references--Fire safety in public buildings, MCA 50-61-101 et seq.; fire hazards, MCA 50-
62-101 et seq.; investigation of fires, MCA 50-63-101 et seq.
Sections:
8.44.010 Definitions.
8.44.020 Permit--When required--Fees.
8.44.030 Other burning allowed with a permit.
8.44.040 Open burning allowed without any permit.
8.44.050 Materials prohibited for open burning.
8.44.060 Burn barrels prohibited. 8.44.070 Permit holder responsibilities.
8.44.080 Safety conditions.
8.44.010 Definitions.
A. "Best available control technology" means those techniques and methods of controlling
emissions of air contaminants from an open burning source and that limits those emissions to the maximum degree taking into consideration impacts on energy use, the environment, the
economy, and any other costs, including the cost to the source, including, but not limited, to:
1. Scheduling burning during periods and seasons of good ventilation;
2. Considering atmospheric dispersion forecasts;
3. Utilizing predictive modeling results from the Montana Department of Environmental
Quality to minimize smoke;
4. Limiting the amount of burning to be performed during any one period of time;
5. Using ignition and burning techniques that minimize smoke production;
6. Selecting fuel preparation methods to minimize dirt and moisture content;
7. Promoting fuel arrangements that create an adequate air to fuel ratio;
8. Prioritizing burns as to air quality impact and assigning control techniques accordingly;
and
9. Promoting alternative treatments and uses of materials so that they do not have to be
burned.
Page 236 of 924
B. "Major open burning" means open burning that, on a statewide basis, will emit more
than five hundred tons of carbon monoxide or fifty tons of any other pollutant regulated under
Title 17, Chapter 8, Administrative Rules of Montana (ARM), in a calendar year, except
hydrocarbons. Major open burning requires a permit from the state of Montana.
C. "Minor open burning" means open burning that emits less pollutant than "major open
burning" and must comply with this chapter, any other applicable state, federal, or county law
including the ARMs and uses the best available control technology (BACT).
D. "Open burning" means the burning or combustion of any material directly in the open air or in a receptacle other than a furnace, multiple chambered incinerator, or a wood waste
burner commonly used by the wood products industry.
(Code ????, § 8.44.010; Ord. No. 1499 § 1, 1999)
8.44.020 Permit--When required--Fees.
A. For burning between the periods of March 1st through November 30th, a Gallatin
County open burn permit must be obtained prior to engaging in any open burning within the Bozeman city limits. When limits for atmospheric conditions or hours restrict burning, these
limits will be designated in the permit restrictions.
B. For any major open burning during any time of the year or for open burning during the
months of December, January, and February a person may make a written application to the
State Department of Environmental Quality for permission to burn.
C. Where burning is conducted on public property or the property of someone other than
the permit applicant within the city limits, the permit applicant will obtain a burn permit as well as written permission from the owner or the owner's authorized agent.
D. The fees for the permits will be set in accordance with a schedule adopted by the
Gallatin county commission.
(Code ????, § 8.44.020; Ord. No. 1499, § 1, 1999)
State law reference—Permit for burning required, MCA 76-13-121 et seq.
8.44.030 Other burning allowed with a permit.
A. Essential agricultural open burning on a farm or ranch is allowed during the months of
March through November with a burning permit and only for the purposes of eliminating
excess vegetative matter from irrigation ditches or cultivated fields or improving range
conditions or wildlife habitat when no reasonable alternative method of disposal is available.
B. Prescribed wild land open burning, if conducted on forest land or relatively undeveloped
rangeland, is allowed with a burning permit only for the purpose of improving wildlife habitat or range conditions; reducing fire hazards from forestry practices; controlling forest pests and
diseases; promoting forest regeneration; or promoting other accepted forest practices.
(Code ????, § 8.44.030; Ord. No. 1499 § 1, 1999)
8.44.040 Open burning allowed without any permit.
From March 1st through November 30th, a permit is not required for small recreational fires in
Page 237 of 924
controlled areas. The fire must not exceed three feet in diameter and two feet in height.
However, from September 1st through November 30th, the burner must call to see if there are
restrictions. For the purposes of this section, a recreation fire is defined as any fire not
contained in an incinerator, outdoor fireplace, barbecue grill or pit and which is burned for
pleasure, religious, ceremonial cooking or similar purposes.
(Code ????, § 8.44.040; Ord. No. 1499, § 1, 1999)
8.44.050 Materials prohibited for open burning.
Open burning within the Bozeman city limits is totally prohibited for:
1. Food wastes;
2. Styrofoam, plastic wastes and other materials generating noxious odors;
3. Poultry litter, animal droppings, dead animals or dead animal parts;
4. Rubber materials including, but not limited to, tires;
5. Treated lumber and timbers;
6. Pathogenic wastes;
7. Asbestos or asbestos-containing materials;
8. Materials resulting from salvage operations to reclaim or salvage any product or
material, except materials from the forest practice commonly referred to as a salvage cut in
timber harvesting;
9. Hazardous wastes, which are a waste or combination of wastes that, because of the
quantity, concentration, or physical, chemical or infectious characteristic, if any, cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness; or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or disposed of or
otherwise managed as defined in the Code of Federal Regulations; and
10. Any other materials specifically prohibited by Montana Code Annotated and the ARMs.
(Code ????, § 8.44.050; Ord. No. 1499, § 1, 1999)
8.44.060 Burn barrels prohibited.
The use of burn barrels is totally prohibited within the Bozeman city limits.
(Code ????, § 8.44.060; Ord. No. 1499 § 1, 1999)
8.44.070 Permit holder responsibilities.
A. A permit holder must call the Gallatin County open burning number each day burning is
planned at least thirty minutes before the planned burn and give the following information:
1. Name, permit number, and phone number;
Page 238 of 924
2. Material to be burned;
3. Starting time of burning, during daylight hours;
4. Location of burn;
5. If on Forest Service property, the legal description including section, township, and
range; and
6. The number of acres to be burned.
B. Before setting a fire, permit holders must ensure that adequate fire suppression
equipment and personnel are present for fire control for the duration of the burn. The permit holder will not leave the immediate fire area until the fire has completely burned out, with no
remaining embers or smoke.
C. The permit holder may delegate any of these duties to a designated responsible person;
however, the permit holder is ultimately responsible for any violations.
(Code ????, § 8.44.070; Ord. No. 1499 § 1, 1999)
8.44.080 Safety conditions.
A. No fire shall be set if wind or weather conditions make it hazardous to burn. If wind or
other weather conditions change making the fire hazardous, the fire must be extinguished as
quickly as possible.
B. When there is high fire danger, because winds or other conditions make burning
hazardous, or when fire suppression resources are not available, permits may be temporarily suspended until good ventilation exists and to allow assignment of burn priorities, if others
request permission to burn on the same day.
C. The city fire chief or designee may close or restrict open burning when necessary. All
permit holders must extinguish fires upon request of any city or county law enforcement
officer or firefighter. Failure to do so will be a violation of this chapter.
(Code ????, § 8.44.080; Ord. No. 1499 § 1, 1999)
8.44.090 Enforcement--Penalties.
A. The Bozeman city police department has the authority to investigate complaints and
issue written notices of violation, orders to take corrective action, and citations to enforce the
chapter. 118B. A violation of this chapter is a misdemeanor punishable by a fine not to exceed five
hundred dollars or imprisonment of up to six months in the county jail, or both fine and
imprisonment. In addition, restitution may be requested.
(Code ????, § 8.44.090; Ord. No. 1499 § 1, 1999)
CHAPTER 8.48
118 The general penalty covers the penalty.
Page 239 of 924
SMOKING PROHIBITION IN ENCLOSED PUBLIC PLACES AND PLACES OF
EMPLOYMENT*
*State law reference—Montana Clean Indoor Air Act, MCA 50-40-101 et seq.
"8.48.010 Legislative Findings and Intent.
The City Commission of the City of Bozeman, Montana finds that:
A. Pursuant to Article II, Section 3 of the Montana Constitution, all persons have certain
inalienable rights that include a right to a "clean and healthful environment". Article IX,
Section 1 of the Montana Constitution further provides "the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future
generations". With respect to these rights and correlating duties, it is the intent of the Bozeman City Commission and the citizens of Bozeman in enacting this ordinance to prescribe
requirements concerning smoking tobacco in enclosed public places and in places of
employment to provide a clean and healthful environment and to protect the health and safety
of people from exposure to environmental tobacco smoke.
B. Numerous studies have found that tobacco smoke is a major contributor to indoor air
pollution and that breathing second-hand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy non-smokers, including heart disease, stroke,
respiratory disease, and lung cancer. The United States Surgeon General has determined that
second-hand smoke is responsible for the early deaths of 65,000 Americans annually.
C. Reliable scientific studies, including studies by the Surgeon General of the United States
and studies commissioned and assessed by the U.S. Environmental Protection Agency, have
shown that breathing second-hand smoke is a significant health hazard to non-smokers, elderly people, individuals with cardiovascular disease, and individuals with impaired
respiratory function, including asthmatics and those with obstructive airway disease. Children
exposed to second-hand smoke have an increased risk of asthma, respiratory infections,
Sudden Infant Death Syndrome, development abnormalities, and cancer.
D. The Public Health Service's National Toxicology Program has listed second-hand smoke
as a known carcinogen (U.S. DHHS, 2000 citing Cal. EPA 1997).
E. The United States Surgeon General has determined that the simple separation of
smokers and non-smokers within the same air space may reduce, but does not eliminate, the
exposure of non-smokers to second-hand smoke. The Environmental Protection Agency has
determined that second-hand smoke cannot be reduced to safe levels in businesses by high
rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter in
odors and smoke, do not eliminate the known toxins in second-hand smoke.
F. A significant amount of second-hand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer 25% to 50% higher risk of heart attack
and higher rates of death from cardiovascular disease and cancer, as well as increased acute
respiratory disease and measurable degrees in lung function.
G. Smoke-filled work places result in higher worker absenteeism due to respiratory
disease, lower productivity, higher cleaning and maintenance costs, increased health insurance
rates, and increased liability claims for disease related to exposure to second-hand smoke.
Page 240 of 924
H. Numerous economic analyses examining restaurant and hotel receipts and controlling
for economic variables have shown either no difference or a positive economic impact after
enactment of laws requiring work places to be smoke-free. Creation of smoke-free work places
is sound economic policy and provides the maximum level of employee health and safety.
I. Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses.
J. Accordingly, the Bozeman City Commission and the citizens of Bozeman find and
declare that the purposes of this ordinance are:
(1) to protect the public health and welfare by prohibiting smoking in enclosed public places
and places of employment; and,
(2) to guarantee the right of non-smokers to breath smoke-free air and to recognize that
the need to breathe smoke-free air shall have priority over the desire to smoke.
K. The City Commission of the City of Bozeman finds that it is within their police powers to
implement and enforce the provisions of this ordinance.
L. The City Commission of the City of Bozeman further finds that it is also within their self-
government powers to implement and enforce the provisions of this ordinance and to
supersede any conflicting state statutory provisions pursuant to MCA 7-1-105.
(Ord. No. 1574 § 1(8.48.010), 9-9-2002)
8.48.020 Definitions.
As used in this Chapter, the following terms shall have the meaning:
A. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for
consumption by guests and/or patrons on the premises and in which the serving of food is
only incidental to consumption of alcoholic beverages, including but not limited to, taverns,
night clubs, cocktails, lounges and cabarets. This definition is further limited by Section
8.48.020.F., below.
B. "Casino" means an establishment whose primary use or activity is gambling, either in
the form of gambling machines, card games, or other licensed gambling activity. In all
instances, an establishment will be considered a casino for the purpose of this Chapter if any
of the following characteristics apply:
(1) The establishment is referenced as a casino by signage or by name;
(2) More than one card table is on the premises;
(3) Fifteen or more gambling machines are on the premises.
C. "Employee" means a person who is employed by an employer in consideration for direct
or indirect monetary wages or profit, and a person who volunteers his or her services for a
nonprofit entity.
D. "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, governmental entity, or nonprofit entity that employs the services
Page 241 of 924
of one or more individual persons.
E. "Enclosed public place" means an enclosed area to which the public is invited or in
which the public is permitted, including, but not limited to, banks, bars, educational facilities,
health care facilities, laundromats, public transportation facilities, reception areas, rest rooms,
retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms.
F. "Incidental to consumption of alcoholic beverages" means that no more than 40 percent
of the business's annual gross income from the operation may be from the sale of food.
G. "Place of employment" means an area under control of a public or private employer that
employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, restaurants, conference rooms, meeting rooms, class rooms,
employee cafeterias, hallways and vehicles.
H. "Public function" means a gathering of persons for the purpose of deliberation,
education, instruction, entertainment, amusement, or dining, where membership or specific
invitation is a prerequisite to entry and where the event is not intended to be open to the
public.
I. "Retailed Tobacco Store" means a retail store utilized primarily for the sale of tobacco
products and accessories an in which the sale of other products is merely incidental.
J. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette,
pipe, weed, plant, or other combustible substance in any manner or any form.
(Ord. No. 1574 § 1(8.48.020), 9-9-2002)
8.48.030 Prohibition Against Smoking in Enclosed Public Places and Places of Employment.
Smoking is prohibited in all enclosed public places and places of employment, except as
otherwise provided in this Chapter.
(Ord. No. 1574 § 1(8.48.030), 9-9-2002)
8.48.040 Exemptions to Smoking Prohibitions.
The following are exempt from the provisions of this Chapter:
A. Private functions and parties, or gatherings not advertised or accessible to the general
public. Rooms or areas exempted must be fully separated by location or building construction
such that the building areas remain smoke-free.
B. Private residences, except when used as a licensed child care, adult care, or health care facility.
C. Hotel or motel guest rooms or suite and are designated as smoking rooms.
D. Outdoor areas.
E. Retail Tobacco Stores.
F. Bars and casinos, provided that smoke from these places does not infiltrate into areas
Page 242 of 924
where smoking is prohibited under this Chapter.
(Ord. No. 1574 § 1(8.48.040), 9-9-2002)
8.48.050 Declaration of Establishing as Non-Smoking.
Not withstanding any other provision of this section, any owner, operator, manager or other
person who controls any establishment described in this Chapter may declare the entire establishment as a non-smoking establishment or a portion of the establishment as non-
smoking.
(Ord. No. 1574 § 1(8.48.050), 9-9-2002)
8.48.060 Notification.
A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial
representation of a burning cigarette in a red circle with a red bar across it) shall be clearly,
sufficiently, and conspicuously posted in every public place, and place of employment where
smoking is prohibited by this Chapter, by the owner, operator, manager or other person in
control of that place.
B. Every public place and place of employment where smoking is prohibited by this Chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is
prohibited.
C. All ashtrays and other smoking paraphernalia shall be removed from the area where
smoking is prohibited by this Chapter by the owner, operator, manager or other person in
control of the area.
(Ord. No. 1574 § 1(8.48.060), 9-9-2002)
8.48.070 Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any
employee, applicant for employment, or customer because that employee, applicant or
customer exercises any rights afforded by this Chapter or reports or attempts to prosecute a
violation of this Chapter.
(Ord. No. 1574 § 1(8.48.070), 9-9-2002)
8.48.080 Other Applicable Laws.
This Chapter may not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
(Ord. No. 1574 § 1(8.48.080), 9-9-2002)
8.48.090 Enforcement.
A. This Chapter shall be enforced by the Director of Public Safety of the City of Bozeman
or an authorized designee.
B. Notice of the provisions of this Chapter shall be given to all applicants for a Bozeman
City business license.
C. Any citizen who desires to register a complaint under this Chapter may initiate
Page 243 of 924
enforcement with the Director of Public Safety of the City of Bozeman or an authorized
designee.
D. The Department of Public Safety and/or the City-County Health Department, or their
designees, shall, while an establishment is undergoing otherwise mandated inspections,
inspect for compliance with this article.
E. An owner, manager, operator or employee of an establishment regulated by this
Chapter shall inform persons violating this Chapter of the appropriate provisions thereof.
F. Notwithstanding any other provision of this Chapter, an employee or private citizen may bring legal action to enforce this Chapter.
G. In addition to the remedies provided by the provisions of this Chapter, the Director of
Public Safety, the Bozeman City Manager, the City Attorney, or any person aggrieved by the
failure of the owner, operator, manager, or other person in control of the public place or place
of employment to comply with the provisions of this Chapter may apply for injunctive relief to
enforce those provisions in any court of competent jurisdiction.
H. Upon a complaint being filed with the City, the City may request records and other documents related to the exemptions under Section 8.48.040, and the owner, manager or
operator of the business claiming an exemption shall provide the records and/or documents
requested by the City.
(Ord. No. 1574 § 1(8.48.090), 9-9-2002)
8.48.100 Violations and Penalties.
A. It shall be unlawful for any person to smoke in any area where smoking is prohibited under this Chapter and shall be subject to a fine of not exceeding One Hundred Dollars
($100.00).
B. A person who owns, managers, operates, or otherwise controls a public place or place
of employment and who fails to comply with the provisions of this Chapter shall be guilty of a
misdemeanor, punishable by:
(1) A fine not exceeding One Hundred Dollars ($100.00) for a first violation.
(2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within one
(1) year.
(3) A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation.
C. In addition to the fines established by this section, a violation of this Chapter by a
person who owns, manages, operates or otherwise controls a public place or place of
employment may result in the suspension or revocation of any permit or license issued to a
person for the premises on which the violation occurred.
D. Each day on which a violation of this Chapter occurs shall be considered a separate and
distinct violation.
(Ord. No. 1574 § 1(8.48.100), 9-9-2002)
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8.48.110 State Law Superseded. 119
The Montana Clean Air Act as set forth in 120M.C.A. Title 59, Chapter 1, Parts 1 and 2, to the
extent inconsistent herewith, is hereby superseded."
(Ord. No. 1574 § 1(8.48.110), 9-9-2002)
119 The state law is preemptive, but it terminates September 30, 2009:
50-40-120. (Temporary) Part preemptive of stricter ordinance. The provisions of this part preempt adoption of an ordinance or regulation by a political subdivision that is stricter than the provisions of this part as to a place in which the ordinance or regulation applies or as to the penalty or remedy imposed for violation of the ordinance or regulation. (Terminates
September 30, 2009--sec. 14, Ch. 268, L. 2005.)
History: En. Sec. 7, Ch. 268, L. 2005.
120 The Act is now located in Title 50, chapter 40, part 1. There is also a part 2 on government
offices and work areas that is not in that act.
Page 245 of 924
Page 246 of 924
Title 9
PUBLIC PEACE, MORALS AND WELFARE*
*State law reference—Criminal Code of 1973, MCA 45-1-101 et seq.
Chapters:
Article 1. General Provisions
9.02 Administration
Article 2. Offenses By or Against Public Officers and Government
9.06 False Alarms
9.08 Firefighting Operations
9.10 Interfering with Public Officials
9.12 Malicious Prosecution 9.14 Resisting Arrest or Escape
9.16 Misuse of the 911 Emergency Telephone Service
Article 3. Offenses Against the Person
9.20 Telephone Harassment
Article 4. Offenses Against Public Decency
9.26 Animal Fights
9.28 Disorderly House
9.30 Drinking in Motor Vehicles
9.32 Drinking in Public
9.34 Houses of Prostitution or Assignation
9.36 Indecent Exposure
9.38 Indecent Language 9.40 Intoxication in Public Places
9.42 Narcotics
9.44 Peeping Persons
9.46 Public Urination and Defecation
Article 5. Offenses Against the Public Peace
9.48 Bonfires
9.50 Disturbing Meetings
9.52 Disturbing the Peace
9.54 Loitering
9.56 Playing in Streets
9.58 Vagrants
Article 6. Offenses Against Property
9.64 Barbed-Wire Fences
9.66 Injury to Property
9.68 Obstructing Bozeman Creek
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9.70 Traction Engines on Streets
Article 7. Consumer Protection
Article 8. Offenses By or Against Minors
9.80 Curfew
9.84 Purchase or Possession of Intoxicating Liquor
Article 9. Weapons
9.90 Airguns
9.92 Concealed Weapons 9.93 Weapons in Public Buildings and Property
9.94 Discharging Firearms
9.98 Bows and Crossbows and Other Devices
Article 1. General Provisions
Chapter 9.02
ADMINISTRATION
Sections:
9.02.010 Territorial application of Title 9 provisions.
9.02.020 Liberal construction of provisions.
9.02.010 Territorial application of Title 9 provisions.121
The provisions of this title shall apply to the city in any event, and to all territory within three
miles of the corporate limits of the city except as otherwise herein provided.
(Prior code, § 6.04.010; Code ????, § 9.02.010)
9.02.020 Liberal construction of provisions.
The provisions codified in this title shall be given a liberal construction.
(Prior code, § 6.04.020; Code ????, § 9.02.020)
Article 2. Offenses By or Against Public Officers and Government
Chapter 9.06
FALSE ALARMS
Sections:
9.06.010 False alarms and tampering with fire alarm boxes prohibited.
9.06.010 False alarms and tampering with fire alarm boxes prohibited.122
121 Do you have such authority?
Page 248 of 924
No person shall willfully use any fire alarm box, or telephone, or any means whatsoever for
transmitting or sending in to the fire department an alarm of fire which he knows to be false;
nor shall willfully tamper with, or injure or destroy any such fire alarm box or any of the
equipment thereof.
(Prior code, § 6.24.010; Code ????, § 9.06.010)
Chapter 9.08
FIREFIGHTING OPERATIONS
Sections: 9.08.010 Taking or damaging fire apparatus prohibited--Exception.
9.08.020 Taking fire apparatus for private use or outside city prohibited--Exception.
9.08.030 Fire area limits--Private citizens to help extinguish fires.
9.08.040 Firefighting operations--Destruction of property authorized when.
9.08.050 Hindering firefighting operations prohibited.
9.08.060 Abatement of fire hazard nuisances caused by structures. 9.08.070 Abatement of nonstructural fire hazard nuisances.
9.08.080 Power of arrest.
9.08.010 Taking or damaging fire apparatus prohibited--Exception.
It is unlawful for any person or persons to take out or remove from the firerooms123, where
the same are kept, any ladders, trucks, hose, hose cart or any other fire apparatus, except in
case of fire, or under the direction of the chief of the fire department, nor shall any person or persons mar, deface or in any manner injure any of the fire apparatus used by the fire
department. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
(Prior code, § 6.16.010; Code ????, § 9.08.010)
State law reference—Criminal mischief, MCA 45-6-101 et seq.
9.08.020 Taking fire apparatus for private use or outside city prohibited--
Exception.
Any officer in command of the fire department who suffers the engine or other fire apparatus,
the property of the city, to be taken beyond the city limits, without permission of the city
122 Compare with state law:
45-7-204. False alarms to agencies of public safety. (1) A person commits an offense under this section if he knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, which deals with emergencies involving danger to life or property.
(2) A person convicted of an offense under this section shall be fined not to exceed $500 or be
imprisoned in the county jail for any term not to exceed 6 months, or both.
History: En. by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, .
123 Firerooms?
Page 249 of 924
manager, shall be guilty of a misdemeanor. If any person having charge of any engine or other
fire apparatus, the property of the city, suffers the same to be applied to private use without
permission of the city manager, he shall be guilty of a misdemeanor.
(Prior code, § 6.16.020; Code ????, § 9.08.020)
9.08.030 Fire area limits--Private citizens to help extinguish fires.
A. The chief of the fire department may prescribe limits in the vicinity of a fire within
which no person, except those residing therein, members of the fire department, members of
the police force, or those admitted by the chief of the fire department, or his subordinates,
shall be permitted to come.
B. The chief of the fire department, when in his judgment the same is necessary, may call
upon any person or persons present to assist the firemen in their duties, or assist in extinguishing any fire, and any such person so called upon who refuses or neglects to so
assist, unless physically incapacitated, shall be guilty of a misdemeanor.
(Prior code, § 6.16.030; Code ????, § 9.08.030)
9.08.040 Firefighting operations--Destruction of property authorized when.
The chief of the fire department, or in his absence anyone acting in his capacity, may, during
the progress of any fire, whenever in his judgment it becomes necessary in order to check or control the same, order any fence, building or structure to be cut or torn down and removed.
He shall, with the consent of the city manager, have power to cause any building or structure
to be blown up for the purpose of checking or extinguishing the fire, and may tear down any
portion of any building which may remain after a fire if, in his judgment, such portion of any
building so remaining standing shall be dangerous to persons or property.
(Prior code, § 6.16.040; Code ????, § 9.08.040)
9.08.050 Hindering firefighting operations prohibited.
Any person who willfully interferes or hinders any city officer or fireman in the performance of
his duty at, going to, or returning from any fire, or while attending to his duties as a member
of the fire department, or who willfully or negligently drives any dray, wagon, streetcar,
locomotive, train of cars or other vehicle across, or along or upon any hose, or who willfully cuts, defaces, destroys or injures any telegraph wire or pole, or signal box, or any of the
property belonging to or connected with the fire department, or any fire-alarm telegraph, shall be deemed guilty of a misdemeanor.
(Prior code, § 6.16.050; Code ????, § 9.08.050)
State law reference—Obstructing peace officer or other public servant, MCA 45-7-302.
9.08.060 Abatement of fire hazard nuisances caused by structures.
A. Any and all buildings, ruins, chimneys, flues, boilers, walls, remains of burned buildings or other constructions within the city limits which, by reason of their construction or condition,
are in danger of being set on fire, or are in any manner a menace to adjoining property or to
the public generally, are each hereby declared to be a nuisance. It shall be the duty of the
chief of the fire department to examine all such, and, for such purpose, may enter any
building within reasonable hours, and if in his opinion any nuisance, as defined by this chapter,
shall exist, he shall notify the owner or owners to abate such nuisance forthwith.
Page 250 of 924
B. In case the owner of any premises upon which a nuisance exists fails or refuses to
abate such nuisance, after being notified as aforesaid, the chief of the fire department shall
report the facts in relation thereto to the city commission. If the city commission finds that
such nuisance exists, it may direct the chief of police or city engineer to abate such nuisance.
The expense thereof shall be reported by such officer so abating same to the commission, to
be an item of special assessment, which may be assessed against the premises as in case of special assessment of taxes. The owner of such premises, permitting any such nuisance to
remain after being notified, shall be deemed guilty of a misdemeanor.
(Prior code, § 6.16.060; Code ????, § 9.08.060)
9.08.070 Abatement of nonstructural fire hazard nuisances.
A. It shall be the duty of the chief of the fire department at least once a week to inspect
all streets and alleys, cellar ways, back lots, woodsheds and all other places within the city limits where shavings, straw, waste or other combustible material may or does accumulate,
and to order instant removal of such material, if any be found, by the person or persons
responsible, or by the person or persons upon whose premises the same may be located.
B. Upon the refusal of any such person so notified to abate the nuisance created by such combustible material so being in such place, the person or persons so refusing shall be
deemed guilty of maintaining a nuisance, and upon conviction thereof shall be fined as for a misdemeanor.
(Prior code, § 6.16.070; Code ????, § 9.08.070)
9.08.080 Power of arrest.
The chief of the fire department, or any officer of the fire department rightfully performing the
duties of the chief, is empowered to arrest and prosecute in the police court of the city any
person violating any of the provisions of this chapter.
(Prior code, § 6.16.080; Code ????, § 9.08.080)
Chapter 9.10
INTERFERING WITH PUBLIC OFFICIALS
Sections:
9.10.010 Interfering with public officials prohibited.
9.10.010 Interfering with public officials prohibited.
No person shall interfere with, obstruct or intimidate any official or employee of the city in the
performance of his or her official duty; nor shall any person assault or threaten to assault, nor use any abusive or insulting language toward such official or employee in his or her presence
in connection with or arising out of any business of the city theretofore, then being, or thereafter to be done, transacted or performed by such official or employee for, and as
representative of the city, in any capacity.
(Prior code, § 6.04.170; Code ????, § 9.10.010)
State law reference—Obstructing peace officer or other public servant, MCA 45-7-302.
Chapter 9.12
Page 251 of 924
MALICIOUS PROSECUTION
Sections:
9.12.010 Malicious prosecution described--Court costs recovered from prosecutor.
9.12.010 Malicious prosecution described--Court costs recovered from prosecutor.
When any person has been arrested and brought to trial for any alleged violation of any
ordinance, and it appears that the prosecutor or complaining witness has made complaint
maliciously and without probable cause, judgment shall be rendered against the prosecutor or
complaining witness for costs; and the court may issue execution to recover the same, as
judgment for debt. Whenever the police judge124 has reason to believe any complainant is
actuated by malice in making complaint, the judge, before issuing process, may require the
complainant to deposit a sum sufficient to secure the probable costs.
(Prior code, § 6.01.010; Code ????, § 9.12.010)
Chapter 9.14
RESISTING ARREST OR ESCAPE
Sections:
9.14.010 Resisting arrests or breaking jail deemed misdemeanor.
9.14.010 Resisting arrests or breaking jail deemed misdemeanor.
If any person resists arrest or attempts to escape from any policeman when in proper
discharge of his duty, and, after being informed of the legal authority and official character of officer, or being in prison or confined for the breach of any ordinance or held for trial for any
such breach, breaks jail and escapes from such imprisonment or detention, such person is guilty of a misdemeanor.
(Prior code, § 6.04.165; Code ????, § 9.14.010)
State law references—Escape, MCA 45-7-306; resisting arrest, MCA 45-7-301;
Chapter 9.16
MISUSE OF THE 911 EMERGENCY TELEPHONE SERVICE
Sections:
9.16.010 Misuse of the 911 emergency telephone service prohibited.
9.16.020 Definitions.
9.16.030 Violation--Penalty.
9.16.010 Misuse of the 911 emergency telephone service prohibited.
It shall be unlawful for any person to purposely or knowingly misuse the 911 emergency
telephone service by accessing the 911 telephone service for a purpose other than an
emergency.
(Code ????, § 9.16.010; Ord. No. 1327 § 1, 1991)
124 Change to municipal judge?
Page 252 of 924
9.16.020 Definitions.
As used in this chapter, the following words are defined as follows:
"Emergency" is defined by MCA 10-4-101(4)125 as being any event that requires dispatch of a
public or private safety agency.
"Emergency services" are defined by MCA 10-4-101(5) as being services provided by any
public or private safety agency, including law enforcement, firefighting, ambulance or medical
services, and civil defense services.
"Knowingly" and "purposely" as used in this chapter are defined in MCA 45-2-101(33) and
(58), respectively.
"Misuse" means accessing the 911 telephone number for other than reporting an emergency
event.
"Private safety agency" is defined by MCA 10-4-101(10) as being any entity, except a public safety agency, providing emergency fire, ambulance or medical services.
"Public safety agency" is defined by MCA 10-4-101(12) as being the state and any city, county,
city-county consolidated government, municipal corporation, chartered organization, public
district, or public authority located in whole or in part within this state that provides or has
authority to provide emergency services.
(Code ????, § 9.16.020; Ord. No. 1327 § 2, 1991)
9.16.030 Violation--Penalty.126
Any person who violates any provision of this chapter shall be punished by a fine not
exceeding five hundred dollars or by imprisonment in the county jail for a period not to exceed
six months, or by both such fine and imprisonment.
(Code ????, § 9.16.030; Ord. No. 1327 § 3, 1991)
Article 3. Offenses Against the Person
Chapter 9.20
TELEPHONE HARASSMENT
Sections: 9.20.010 Acts constituting misuse of telephone.
9.20.010 Acts constituting misuse of telephone.
No person shall, within the city, willfully annoy or disturb any other person by ringing or
125 All of the subsection numbers in MCA 10-4-101 and 45-2-101 have changed. I suggest
referring only to the section number. 126 This section is covered by the general penalty.
Page 253 of 924
causing to be rung any telephone bell, or by calling or causing to be called any person over
any telephone for the purpose of disturbing or annoying any such person, or use profane, or
obscene, or abusive language over any telephone.
(Prior code, § 6.04.160; Code ????, § 9.20.010)
Article 4. Offenses Against Public Decency
Chapter 9.26
ANIMAL FIGHTS
Sections: 9.26.010 Dog and other animal fights prohibited.
9.26.010 Dog and other animal fights prohibited.
No person or persons shall, by agreement or otherwise, plan, encourage, promote, hold or
give any dog fight, cock fight, or fight of any kind between animals. It is the duty of any police
officer of the city to prevent and stop such fights, and arrest all persons aiding, promoting or abetting the same.
(Prior code, § 6.04.050; Code ????, § 9.26.010)
State law reference—Similar provisions, MCA 45-8-210.
Chapter 9.28
DISORDERLY HOUSE
Sections: 9.28.010 Disorderly house defined--Maintaining prohibited.
9.28.010 Disorderly house defined--Maintaining prohibited.
No person shall conduct, maintain or keep, any disorderly house. For the purposes of this
section, a "disorderly house" means any house, room, tent or other structure or place of
abode in which people live or abide or to which they resort, to the disturbance and/or annoyance of offense of the neighborhood or passersby; or for purposes which are injurious to
the public peace, quietness, safety, health, morals and convenience; or in which there is illegal sale of beer, wine, whiskey or any intoxicating liquor; or in which gambling is carried on; or in
which prostitution is practiced; or which is habitually used for purposes of assignation and/or
prostitution, or is the resort of criminals, vagrants or other idle, dissolute or immoral persons;
or to which persons resort for the purpose of concocting or planning crimes or misdemeanors,
or other offenses against the public peace, health, safety, morals and good order.
(Prior code, § 6.04.190 Code ????, § 9.28.010)
Chapter 9.34
HOUSES OF PROSTITUTION OR ASSIGNATION
Sections: 9.34.010 Houses of prostitution or assignation prohibited.
Page 254 of 924
9.34.010 Houses of prostitution or assignation prohibited.127
No person shall keep, maintain, operate, manage, occupy and/or be an inmate or frequenter
of or visitor at, or invite or solicit another to frequent or visit, any house of prostitution, bawdy house, house of assignation or other immoral use, in the city and three miles beyond the
corporate limits of the city. within the meaning of this section, the word "house" includes any
room, cabin, tent, hotel, lodginghouse or other structure and/or enclosure where such
prohibited practice and/or practices is or are permitted and/or carried on.
(Prior code, § 6.04.200; Code ????, § 9.34.010)
State law reference—Prostitution, MCA 45-5-601 et seq.
Chapter 9.36
INDECENT EXPOSURE
Sections:
9.36.010 Indecent exposure or exhibition prohibited.
9.36.010 Indecent exposure or exhibition prohibited.
No person shall make any indecent or improper public exposure of his or her person or be
guilty of any indecent or lewd act or behavior in public or in any place where there are other
persons present to be offended and/or annoyed thereby, or sing or recite any lewd or obscene
song, or ballad, verses or other words or writing, or printed matter, in any public place where
there are other persons present to be offended and/or annoyed thereby; and no person shall
at any time or place in public, and/or when other persons may be offended or annoyed
thereby, make any indecent or improper exhibition of any animal.
(Prior code, § 6.04.130; Code ????, § 9.36.010)
State law reference—Indecent exposure, MCA 45-5-504.
Chapter 9.38
INDECENT LANGUAGE
Sections:
9.38.010 Using obscene and vulgar language in public place prohibited.
9.38.010 Using obscene and vulgar language in public place prohibited.128
No person shall curse or swear, or utter any obscene, vulgar or indecent language on any
street or in any public place, or which is audible on any street or public place.
(Prior code, § 6.04.040; Code ????, § 9.38.010)
Chapter 9.42
127 Keeping such a house is a felony under state law. 128 I question the constitutionality of this section.
Page 255 of 924
NARCOTICS
Sections:
9.42.010 Using or selling narcotic drugs prohibited.
9.42.010 Using or selling narcotic drugs prohibited.129
No person shall indulge in the use of opium by smoking it, or resort to or maintain or keep any
place where such smoking is permitted or indulged, nor indulge in the habitual use of
morphine, heroin, cocaine or other harmful narcotic and/or habit-forming drug or drugs; nor
shall any person not duly licensed to do so sell or offer for sale or keep or possess for sale or
gift, in any public place, or make any gift of, any such drug or drugs. Every place where opium is smoked or used, or kept, or sold, or offered for sale or gift, or to which resort is had for
such smoking, use, purchase, sale or gift, or where any habit-forming narcotic drug is used,
kept for use, distribution, sale or gift, unless duly licensed, declared to be a nuisance, and a
violation of this chapter.
(Prior code, § 6.04.100; Code ????, § 9.42.010)
State law reference—Dangerous drugs, MCA 45-9-101 et seq.
Chapter 9.44
PEEPING PERSONS
Sections:
9.44.010 Generally.
9.44.010 Generally.
A. It is unlawful for any person to be a "peeping person."
B. The term "peeping person" means one who peeps, looks or peers through windows or
doors or other openings on the premises of another where a reasonable expectation of privacy
exists for the purpose of spying upon or invading the privacy of the person spied upon and the
doing of any other act of a similar nature which invades the privacy of such persons.
(Code ????, § 9.44.010; Ord. No. 1372 § 2, 1993; Ord. No. 1232 §§ 1--3, 1987)
Chapter 9.46
PUBLIC URINATION AND DEFECATION
Sections:
9.46.010 Generally.
9.46.010 Generally.
No person within the jurisdictional limits of the city shall publicly defecate or urinate on
streets, sidewalks, alleys, parks, parking lots or other places open to the public including areas
open to the public in buildings unless a sanitary facility capable of and commonly used for
129 Most of the activity in this section is a felony under state law.
Page 256 of 924
disposal of human urine or excrement is used.
(Code ????, § 9.46.010; Ord. No. 1372 § 2, 1993; Ord. No. 1233, 1987)
Article 5. Offenses Against the Public Peace
Chapter 9.48
BONFIRES
Sections:
9.48.010 Bonfires prohibited--Exceptions.
9.48.010 Bonfires prohibited--Exceptions.130
No person shall build any bonfire in any street, alley, public place or vacant lot, nor permit any
bonfire to burn or smolder in the nighttime; and a person shall at all times keep any such
bonfire, when otherwise legally permitted, under strict supervision and control so as not to
endanger property or cause a smoke nuisance to any person or neighborhood.
(Prior code, § 6.04.080; Code ????, § 9.48.010)
Chapter 9.50
DISTURBING MEETINGS
Sections:
9.50.010 Disturbing meetings prohibited.
9.50.010 Disturbing meetings prohibited.
No person shall at any time wantonly disturb any lawful meeting or assembly by noise, rude,
offensive or improper behavior or language of any kind, or otherwise, or at all.
(Prior code, § 6.04.120; Code ????, § 9.50.010)
State law reference—Disorderly conduct, MCA 45-8-101.
Chapter 9.52
DISTURBING THE PEACE
Sections:
9.52.010 Acts constituting disturbances prohibited.
9.52.010 Acts constituting disturbances prohibited.131
No person shall unnecessarily disturb the peace or quiet of any street, neighborhood, family or
person by loud or unusual noises, or make false alarms, or threaten, quarrel, scold, or provoke
or commit an assault or threaten to commit an assault, or commit an assault and battery, or
130 This section appears to be superseded by Code ch. 8.44. 131 Animal noises are covered in the animal title and in the noise ordinance.
Page 257 of 924
harbor or keep any habitually barking dog, or disturb the rest, sleep, peace and quietness of
any person and/or neighborhood by maintaining and keeping noisy poultry, animal or animals,
nor by any other means or manner whatsoever unnecessarily disturb the peace and quiet of
any person or neighborhood.
(Prior code, § 6.04.030; Code ????, § 9.52.010)
State law reference—Disorderly conduct, MCA 45-8-101.
Chapter 9.54
LOITERING
Sections:
9.54.010 Loitering prohibited.
9.54.010 Loitering prohibited.
No person shall loiter or lounge around or upon any street, sidewalk or public place so as to
impede or obstruct the free passage of pedestrians, or so as to embarrass or annoy
pedestrians, and all such loiterers and loungers shall promptly move on and refrain from such
loitering and/or lounging upon order of any police officer or other person in authority.
(Prior code, § 6.04.110; Code ????, § 9.54.010)
State law reference—Disorderly conduct, MCA 45-8-101.
Chapter 9.56
PLAYING IN STREETS
Sections:
9.56.010 Playing games in the street prohibited.
9.56.010 Playing games in the street prohibited.
The playing of baseball, football, basketball or any other game in the streets and alleys within
the corporate limits of the city is forbidden.
(Prior code, § 6.04.150; Code ????, § 9.56.010)
Chapter 9.58
VAGRANTS
Sections:
9.58.010 Persons constituting vagrants described--Acts deemed misdemeanors.
9.58.010 Persons constituting vagrants described--Acts deemed
misdemeanors.132
Every person without any visible means of support, who has the physical ability to work, and
132 I question the constitutionality of this section.
Page 258 of 924
who does not seek employment or labor, or labor when employment is offered to him; every
healthy beggar who solicits alms at a business; every person who roams about from place to
place without any lawful business; every idler and dissolute person or associate of known
thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in
any barn, shed, outhouse, vessel or other place other than such as is kept for lodging
purposes, without the permission of the owner or person entitled to the possession thereof; every lewd and dissolute person who lives in and about houses of ill fame, or who lives with or
upon the earnings of a woman of bad repute; every common prostitute and common
drunkard, shall be deemed a "vagrant," and shall be guilty of a misdemeanor.
(Prior code, § 6.48.010; Code ????, § 9.58.010)
Article 6. Offenses Against Property
Chapter 9.64
BARBED-WIRE FENCES
Sections:
9.64.010 Maintaining barbed-wire fences prohibited where.
9.64.010 Maintaining barbed-wire fences prohibited where.
A. Any person or persons, or corporation or corporations, who shall, within the platted
limits of the city, when sidewalks have been laid or ordered laid by the city commission, erect,
keep or maintain any barbed-wire fencing on or around the outer portion of his, her or their
premises, such person or persons, corporation or corporations shall be deemed guilty of
maintaining a nuisance.
B. The continuance of the same for every day, after being notified by any city officer to
abate the same, shall be regarded as a separate offense.
(Prior code, § 6.10.010; Code ????, § 9.64.010)
Chapter 9.66
INJURY TO PROPERTY*133
*State law reference—Criminal mischief, MCA 45-6-101.
Sections:
9.66.010 Injuring property or plants and trespassing prohibited.
9.66.020 Malicious damage to property prohibited.
9.66.030 Hurling missiles and injuring property prohibited.
9.66.040 Private property--Wilful damage to personal property prohibited.
9.66.050 Private property--Wilful damage to real property or fixtures prohibited. 9.66.060 Public property--Animals prohibited on streets, parking strips, public
grounds.
9.66.070 Public property--Damage to shrubs, trees, grass or flowers prohibited.
9.66.080 Park property--Damaging fences prohibited.
133 Many of these sections could be combined, such as having only one section for damaging
property.
Page 259 of 924
9.66.090 Park property--Use of gates required.
9.66.100 Park property--Damaging vegetation and other property prohibited.
9.66.110 Park property--Regulations authorized.
9.66.120 Fairgrounds--Entrance only through gateways.
9.66.130 Fairgrounds--Damage to fences or other property prohibited.
9.66.140 Fairgrounds--Trespassing prohibited. 9.66.150 Offensive conduct prohibited where.
9.66.160 Violation--Penalty.
9.66.010 Injuring property or plants and trespassing prohibited.
No person shall, within the city, wilfully and/or wantonly destroy, injure or deface the goods or
property of another; nor wantonly destroy, break or injure any shade, fruit or ornamental tree, flower, flowers or flower bed, nor habitually trespass upon the lawn, garden or premises of
another, nor leave or deposit refuse, rubbish or garbage thereon at any time.
(Prior code, § 6.04.180; Code ????, § 9.66.010)
9.66.020 Malicious damage to property prohibited.
Any person who, mischievously or maliciously, hacks, breaks, girdles or injures any tree, or
breaks or injures any sign, signboard, window, door, gate, fence, house, outhouse, building, or part thereof, the property of another, shall be deemed guilty of committing a nuisance, and
upon conviction shall be punished as for a misdemeanor.
(Prior code, § 6.38.210; ; Code ????, § 9.66.020)
9.66.030 Hurling missiles and injuring property prohibited.
Any person who, within the city limits, throws any stick, stone, missile or other thing or things
whereby any property of another shall become broken, destroyed or injured, shall have committed a nuisance, and upon conviction shall be punished as for a misdemeanor.
(Prior code, § 6.38.200; Code ????, § 9.66.030)
9.66.040 Private property--Wilful damage to personal property prohibited.
Any person who maliciously, willfully or unlawfully cuts, burns, destroys, injures, defaces or in any other manner injures any goods, wares, merchandise or other property, without the
consent of the owner, shall be guilty of a misdemeanor.
(Prior code, § 6.32.010; Code ????, § 9.66.040)
9.66.050 Private property--Wilful damage to real property or fixtures prohibited.
Any person who willfully, unlawfully or maliciously cuts, breaks, injures, tears down, defaces or
in any other manner injures any house, barn, building or other enclosure; or who cuts, tears down, breaks or defaces any window or door of any building or house; or who takes off,
severs, breaks in or injures, in any manner, any gate, fence or other enclosure, or any part thereof; or pulls down, interferes with or injures any fence, post or part thereof; or injures or
destroys any fruit, shade or ornamental tree, shrub or flowers, shall be guilty of a
misdemeanor.
(Prior code, § 6.32.020; Code ????, § 9.66.050)
9.66.060 Public property--Animals prohibited on streets, parking strips, public
Page 260 of 924
grounds.
No person shall walk upon or across, or drive upon or across, nor shall any person while
driving134 a herd of horses or cattle or other animals upon or through any of the streets or
avenues of the city, allow such animals to travel upon or across any parking strips on any of the streets and avenues of the city, or upon or across any of the grounds at or surrounding
any public building, school or ecclesiastical building, or ground acquired or dedicated for any of
these purposes, within the city.
(Prior code, § 6.32.030; Code ????, § 9.66.060)
9.66.070 Public property--Damage to shrubs, trees, grass or flowers prohibited.
It is unlawful for any person or persons to in any way injure or destroy grass, trees, shrubs, or flowers growing upon any parking strips, public, school or ecclesiastical grounds, or anything
placed thereon of a useful or ornamental character, within the city.
(Prior code, § 6.32.040; Code ????, § 9.66.070)
9.66.080 Park property--Damaging fences prohibited.
It is unlawful for any person, corporation or association to injure, cut, destroy or do any act
which will tend to injure or destroy any fence surrounding any public park within the city.
(Prior code, § 6.32.050; Code ????, § 9.66.080)
9.66.090 Park property--Use of gates required.
No person shall go through or under, or climb over any fence surrounding any public park of
the city, or enter or leave any fenced park except through the gateways provided for such purpose.
(Prior code, § 6.32.060; Code ????, § 9.66.090)
9.66.100 Park property--Damaging vegetation and other property prohibited.
No person shall injure or destroy any plot seeded to grass, flowers, foliage or other vegetation,
or cut, mutilate, injure, damage or destroy any growing grass, flowers, shrubs, foliage or trees
in any public park of the city, nor shall any person destroy, damage, injure, deface or mutilate any tables, benches, stands, flagpoles, houses or buildings, or any other property that may be
used in connection with, or which may be contained in any public park of the city.
(Prior code, § 6.32.070; Code ????, § 9.66.100)
9.66.110 Park property--Regulations authorized.135
The city commission shall have the right to adopt reasonable regulations for the government of the public parks in the city, and no person shall violate any of such regulations.
(Prior code, § 6.32.080; Code ????, § 9.66.110; Ord. No. 1313 § 1, 1990)
134 Still necessary? 135 Code ch. 12.26 has park regulations. Why is this section necessary?
Page 261 of 924
9.66.120 Fairgrounds--Entrance only through gateways.
No person shall climb over or go through or under any fence surrounding any fairgrounds or
roundup grounds in the city, or enter said grounds by any other means than the entrances
provided therefor, without the permission of the owners of such property.
(Prior code, § 6.32.090; Code ????, § 9.66.120)
9.66.130 Fairgrounds--Damage to fences or other property prohibited.
No person shall cut, mutilate, deface or destroy any fairground fence or roundup ground fence
in the city, or any building, seats, benches, stands, apartment, or property therein contained
of any kind or character.
(Prior code, § 6.32.100; Code ????, § 9.66.130)
9.66.140 Fairgrounds--Trespassing prohibited.
No person shall have the right to trespass upon any roundup grounds for fairgrounds in the
city without first obtaining lawful permission for such purpose.
(Prior code, § 6.32.110; Code ????, § 9.66.140)
9.66.150 Offensive conduct prohibited where.
No person shall act in a loud, boisterous or rude manner, or so conduct himself as to be
offensive to those using or being upon or within any of the public parks, or grounds of the city,
or within the fairgrounds or roundup grounds in the city.
(Prior code, § 6.32.120; Code ????, § 9.66.150)
9.66.160 Violation--Penalty.136
Any person who violates any of the provisions of Sections 9.66.040 through 9.66.150 of this chapter shall be guilty of a misdemeanor.
(Prior code, § 6.32.130; Code ????, § 9.66.160)
Chapter 9.68
OBSTRUCTING BOZEMAN CREEK
Sections:
9.68.010 Channel to be kept free from obstructions.
9.68.020 Narrowing, turning or obstructing channel prohibited--Exception.
9.68.030 Dumping items into channel or polluting creek prohibited.
9.68.040 Violation--Penalty.
9.68.010 Channel to be kept free from obstructions.
The channel of Bozeman Creek, throughout its course within the corporate limits of the city,
shall be preserved and kept at a minimum width of twelve feet in the clear, and kept free of all
136 This section is covered by the general penalty.
Page 262 of 924
obstruction unless and until it shall be otherwise ordered or permitted by the city commission
by ordinance or resolution duly adopted.
(Prior code, § 6.12.010; Code ????, § 9.68.010)
9.68.020 Narrowing, turning or obstructing channel prohibited--Exception.
Any person or persons, firm, corporation or association who, directly or indirectly, or by any means whatever or at all confines Bozeman Creek, in any part of its course through the
corporate limits of the city, to a narrower channel than is prescribed in Section 9.68.010
hereof; or who alters, changes or turns the same from its natural channel, or alters its course
at any point within the corporate limits of the city, except in pursuance of and in accordance
with an ordinance or resolution of the city commission duly passed and adopted; or who builds, throws, deposits or, in any manner or at all, places any obstruction in the channel of
the creek within the corporate limits of the city, shall be deemed guilty of a violation of this chapter.
(Prior code, § 6.12.020; Code ????, § 9.68.020)
9.68.030 Dumping items into channel or polluting creek prohibited.
No person, firm, corporation or association, nor any employee or agent of any person, firm, corporation or association, shall throw, conduct, convey or deposit, or cause to be thrown,
conducted, conveyed or deposited into the channel of Bozeman Creek in its course through the corporate limits of the city, or any part thereof, any paper, offal, rubbish, rags, filth, manure,
hay, straw, tin cans, hides, dead animals, or anything whatever causing or tending to cause an
obstruction or pollution of Bozeman Creek within the corporate limits of the city.
(Prior code, § 6.12.030; Code ????, § 9.68.030)
9.68.040 Violation--Penalty.137
Any person, firm, corporation or association or employee or agent thereof who violates any
provision of this chapter shall be guilty of a misdemeanor.
(Prior code, § 6.12.040) ; Code ????, § 9.68.040
Chapter 9.70
TRACTION ENGINES ON STREETS
Sections:
9.70.010 Operating traction engines on paved streets prohibited.
9.70.010 Operating traction engines on paved streets prohibited.138
It is unlawful and a violation of this chapter for any person who is the owner of or in charge of any traction engine to run such engine over, upon or across, or permit such engine to stand
upon any paved street within the city limits. Every person violating the provisions of this
chapter shall be guilty of a misdemeanor.
137 This section is covered by the general penalty. 138 Ord. No. 1616 repealed this section. Was that your intent?
Page 263 of 924
(Prior code, § 6.46.010; Code ????, § 9.70.010)
Article 7. Consumer Protection
(Reserved) "Title 9, Chapter 9.70
Alcohol Policy*
*State law reference—Montana Alcoholic Beverage Code, MCA 16-1-101 et seq.
9.70.010 General Provisions and Intent
The City Commission declares that alcohol possession and consumption by minors, high risk
drinking behaviors by minors, and the supply and sale of alcohol to minors have negative and detrimental impacts on the community and are, therefore, a nuisance, and constitute conduct
calculated to disturb the public peace of the city and threaten the health, safety and welfare of
the citizens of Bozeman.
Significant problems exist when persons possess and consume alcoholic beverages in an
irresponsible manner. Such persons create a public safety hazard by their consumption of
alcoholic beverages and the subsequent driving of motor vehicles or violent encounters on public property. Therefore, because of the negative and detrimental impacts of such behaviors
on the community, the irresponsible consumption and possession of alcoholic beverages which disturb the public peace of the city are declared a nuisance and threaten the health, safety
and welfare of the citizens of Bozeman.
It is the intent of the City Commission to address those areas related to alcohol access,
consumption and usage which are not otherwise addressed by the current law in Montana.
Violations such as Endangering Welfare of Children (45-5-622), Unlawful Transactions with
Children (45-5-623), Unlawful Attempt to Purchase or Possession of Intoxicating Substance (45-5-624), Driving under the Influence of Alcohol or Drugs or Operation with Alcohol
Concentration of .08 or More (61-8-401 and 61-8-406), and Operation of Vehicle by Person
under Twenty-one with Alcohol Concentration of .02 or More (61-8-410) have all been
specifically addressed by Montana law as noted and will be enforced within the City of
Bozeman under those laws. Disorderly Conduct and Public Nuisance (45-8-101 and 45-8-111) violations shall be addressed by state code. Noise issues shall be addressed through the Noise
Ordinance as applicable.
(Ord. No. 1616, § 1(9.70.010), 7-12-2004)
9.70.015 Definitions
The following words and phrases used in this chapter shall be defined as follows:
A. "Alcohol" means ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
B. "Alcoholic beverage" means a compound produced and sold for human consumption as
a drink that contains more than 0.5% of alcohol by volume.
C. "Beer" means a malt beverage containing not more than 7% of alcohol by weight.
D. "Director of Public Safety" means the Director or the Director's designee.
Page 264 of 924
E. "Intoxicating substance" means a controlled substance, as defined in Title 50, chapter
32, Montana Code Annotated (MCA 50-32-101 et seq.), or its successor provision, and an
alcoholic beverage, including but not limited to a beverage containing 1/2 of 1% or more of
alcohol by volume. Intoxicating substance does not include dealcoholized wine or a beverage
or liquid produced by the process by which beer, ale, port, or wine is produced if it contains
less than 1/2 of 1% of alcohol by volume.
F. "Knowingly" - a person acts knowingly with respect to conduct or to a circumstance
described by a statue defining an offense when the person is aware of the person's own
conduct or that the circumstance exists; a person acts knowingly with respect to the result of
conduct when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular facts is an element of
an offense, knowledge is established if a person is aware of a high probability of its existence.
G. "Liquor" means an alcoholic beverage except beer and table wine.
H. "Negligently" - a person acts negligently with respect to a result or to a circumstance
described by a statue defining an offense when the person consciously disregards a risk that
the result will occur or that the circumstance exists or when the person disregards a risk of
which the person should be aware that the result will occur or that the circumstance exists. The risk must be of a nature and degree that to disregard it involves a gross deviation from
the standard of conduct that a reasonable person would observe in the actor's situation.
"Gross deviation" means a deviation that is considerably greater than lack of ordinary care.
I. "Possession" means the knowing control of anything for a sufficient time to be able to
terminate control.
J. "Public places" means all streets, avenues, alleys and parks in the city, all municipal
and public buildings, and places to which the public or a substantial group has access, but does not include premises licensed for the sale of alcoholic beverages at retail by the
Department of Revenue of the state, or the city. "Public place" does not include a private
residence and its contiguous real property [front or rear yard] or a private hotel or motel room
so long as the possession and consumption is in compliance with the Montana Alcoholic
Beverage Code, Title 45 of the Montana code and this chapter; but does include the commonly shared areas such as common hallways of a building or apartment complex, and areas of city
right-of-way, including sidewalks and streets.
K. "Public display or exhibition of open alcoholic beverages" means and includes the
carrying and exhibiting of open cans or bottles of any alcoholic beverage or the carrying and
exhibiting of glasses, cups, or other types of containers for alcoholic beverages, to, in, on or
within any public place within the city, even though empty, but does not include carrying or transporting such alcoholic beverages from retail liquor or beer establishments in sacks, cases,
boxes, cartons or similar containers with unbroken seals or when no display or exhibition is made and does not include carrying or exhibiting any empty or discarded bottle, can or other
container solely for the purpose of disposal in a proper waste receptacle.
L. "Public drinking" includes the consumption or possession for the purpose of
consumption of open alcoholic beverages in or on any public place in the city.
M. "Purposely" -- a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it is the person's conscious object to engage in that conduct
or to cause that result. When a particular purpose is an element of an offense, the element is
established although the purpose is conditional, unless the condition negatives the harm or
Page 265 of 924
evil sought to be prevented by the law defining the offense.
(Ord. No. 1616, § 1(9.70.015), 7-12-2004)
9.70.020 Public Drinking or Display of Open Alcoholic Beverages - Open Containers -
prohibited.
Public drinking or display or exhibition of open alcoholic beverages (open container) as defined in Section 9.70.015 are prohibited, and it is unlawful for any person to engage in public
drinking, public display or exhibition of open alcoholic beverages (open container) within the
city limits.
(Ord. No. 1616, § 1(9.70.020), 7-12-2004)
9.70.030 Exemptions to Section 9.70.020
This provision shall not apply to a governmental agency for authorized activities conducted
upon the agency's premise.
(Ord. No. 1616, § 1(9.70.030), 7-12-2004)
9.70.040 Exceptions to Section 9.70.020
A. The Director of Public Safety may grant a waiver to the provisions of Section 9.70.020 for the purpose of holding picnics, parties, reunions, barbecues or other public assemblies in
public parks, provided the number of adults does not exceed seventy-five. Larger groups shall
seek a waiver from the City Manager under section B below.
1. Applications which are for events only in a public park, and do not involve more than
seventy-five adults may be submitted without the public assembly permit application. All
public park reservations are separate from the waiver process and a reservation for a park area does not guarantee the issuance of a waiver under this section.
2. An application shall designate either the applicant, or one or more members of the
group submitting the application, as the contact person for the event. The contact person shall
be present at all times during the event, or shall arrange for an alternate contact person. The
contact person shall be in charge of the event and be responsible for those attending the
event.
B. The City Manager may grant a waiver to the provisions of Section 9.70.020 for activities occurring in or on a public place other than a park.
1. All applications for a waiver under this subsection shall be made in conjunction with an
application for a public assembly permit in conformance with the procedures in sections
12.32.040 through 12.32.080 or its successor provisions, which are incorporated herein by reference, subject to any specific changes as contained in this section. The form for such
application shall be provided by the City and shall be signed by the applicant.
2. An application must be filed in a timely manner prior to the event. Timely, in this
instance, is a minimum of fourteen days under this subsection. The application may not be
filed more than one hundred eighty days before the event. The minimum period may be
waived after due consideration of the factors specified under subsection G of this section.
3. Applications submitted under this subsection shall have proof of insurance in an amount
Page 266 of 924
acceptable to the City; and which includes the City as an additional insured.
4. For applications under this subsection, a safety plan for the event shall be submitted
with the application, to be reviewed by the Director of Public Safety or a designee(s). The
safety plan shall address admission of those who are under the legal age to drink,
consequences when those under the legal age are caught drinking, the policy for service of those who are intoxicated or under the influence of alcohol, prohibiting those who are
intoxicated or who appear to be impaired or under the influence from operating a motor
vehicle by providing safe transportation alternatives, actions to be taken in the event of a
disturbance or medical or other emergency, and other measures designed to maintain a safe
environment for those in attendance.
5. For applications submitted under this subsection, there shall appear in the application arrangements for providing responsible beverage service for any group of 50 or more adults.
Responsible beverage service requires that all beverage servers receive specific training
through a recognized program approved by the City prior to the event. A beverage server
under this section does not consume any alcoholic beverage during the event.
6. The application shall designate either the applicant, or one or more members of the
group submitting the application, as the contact person for the event. The contact person(s) shall be present at all times during the event, and shall not consume any alcoholic beverages
during the event, and shall be in charge of and responsible for all beverage servers and
patrons.
C. In seeking a waiver to Section 9.70.020 the group leader or authorized representative
shall file with the Director of Public Safety, or City Manager as applicable, an application for a
city alcoholic beverage waiver.
1. All application for a waiver shall be submitted to the City Manager's office after payment of the appropriate fee to the Finance Department. This fee shall be set by resolution of the
City Commission. This fee is a non-refundable fee to cover administrative costs of processing
the waiver. Payment of the fee does not entitle the applicant to a waiver.
2. If the application is for the use of any city equipment or if any city services shall be required, the applicant shall pay, prior to the issuance of a waiver, the charges for those
services in accordance with a schedule of service costs approved by the City Commission by resolution.
3. If the event is to be held on a regular or recurring basis at the same location, an
application for a waiver for the calendar year or any portion thereof may be filed at least sixty
days and not more than one hundred eighty days before the date and time of the first event proposed. The City Manager or Director of Public Safety, as appropriate, may waive the
minimum period after due considerations of the factors under subsection G of this section.
4. An application not acted upon within ten calendar days of submission, or by the day of
the event, shall be deemed denied.
D. Prior to the issuance of the waiver an investigation shall be made into the suitability
and compatibility of the proposed function with other activities and the surrounding area. In
making the investigation the Director of Public Safety or the City Manager shall consider the below listed criteria in addition to those considerations under sections 12.32.040 through
12.32.080. The Director of Public Safety or the City Manager may issue a waiver subject to
consideration of the relevant criteria and imposition of any conditions deemed necessary and
Page 267 of 924
reasonable, and may, in his discretion, deny the waiver based upon the consideration of the
relevant criteria, the application, and any other information as may be otherwise obtained.
1. The type of activity, the hours involved, and the impact it may have on the safe and
orderly movement of pedestrian or vehicular traffic and any significant negative impact on
individuals living in the vicinity of the activity.
2. The potential for the activity which is the subject of the application to conflict or
interfere with any other scheduled or permitted use of the area, including the use of a public
address system or amplification system.
3. Any previous history with the requesting party or organization, including but not limited
to past abuses of any privileges granted under this or any similar chapter or provision, past successful requests, and any other information which may be deemed pertinent to an
evaluation of the proposed event.
4. The impact of the activity on the resources of the City, including but not limited to the
need for additional policing, road service, clean-up crews, and other services.
5. The need for and availability of any additional liability insurance over and above the standards required by the City.
E. The Director of Public Safety or City Manager shall make an investigation, which shall
include input from appropriate City staff and may include any individuals who may be directly
affected.
1. The granting of a waiver in no way abrogates the responsibility and liability of the applicants, which includes but is not limited to cleaning up the area and having a responsible
contact person who, for events under subsection B of this section, does not consume alcoholic beverages before, during or after the event.
2. Any police officer shall have full authority to void a waiver for violation of park or other
rules and regulations, any term or condition of the waiver as issued, or any ordinances or
state law, committed by any member of the group, which may include voiding of waivers for subsequent days. Such action shall be immediately reported to the Director of Public Safety or
the City Manager for action in conformance with this chapter; and
3. Public address systems and amplified music may be permitted, and may be subject to
the provisions of the Noise Ordinance if so noted on the waiver.
4. The city may include additional conditions as a part of the waiver. The City will notify the applicant of such conditions.
F. The Director of Public Safety or the City Manager shall uniformly consider each
application upon its merits and shall not discriminate in granting or denying waivers under this
chapter based upon political, religious, ethnic, race, disability or gender related grounds.
G. Any application submitted in a less than timely manner as designated in this section
may be denied as untimely without further review, unless a waiver of the minimum filing
period is granted after due consideration of the date, time, place, and nature of the event, and a determination that the impact on city services and public safety will not be adversely
impacted by granting such a waiver. An approved application shall be given to the applicant by
personal delivery or by mail. If no action has been taken within 10 calendar days of
Page 268 of 924
submission or by the date of the event, the application has been deemed denied.
H. Upon granting the waiver, a copy of the waiver shall be routed in accordance with
12.32.130 BMC, and to other individuals as may be appropriate in the discretion of the
Director of Public Safety or the City Manager.
I. In the event the City denies the waiver request, the City may authorize the activity at a
different time, date, or location and issue an alternate waiver to the applicant. (See sections
12.32.110) A denial by the Director of Public Safety may be submitted to the City Manager for
reconsideration within four business days of the denial. If the City Manager does not act on
the request within ten calendar days it will be deemed denied.
J. In the event the waiver is denied by the City Manager, the applicant may appeal the decision to the City Commission by submitting the completed application, as it existed at the
time of the decision by the City Manager, to the Clerk of the Commission together with a letter
explaining why the applicant believes the decision should be overturned. The appeal materials
must be received within seven calendar days of the decision by the City Manager. Appeals
received after that time will be returned as untimely. The Clerk of the Commission shall, upon
receipt of a timely appeal, schedule the public hearing, providing for appropriate notice
according to the applicable rules of the City Commission. To reverse the decision of the City Manager, the concurring vote of a majority of the Commission shall be needed to approve the
application or approve the application with additional conditions. The decision of the City
Commission shall be final.
(Ord. No. 1616, § 1(9.70.040), 7-12-2004)
9.70.050 Possession of Open Alcoholic Beverages (Open Container) in Motor
Vehicles Prohibited.
A. No person shall possess an open alcoholic beverage (open container) in the passenger
area of or on any motor vehicle when such vehicle is upon a public highway or street or in an
area used principally for public parking.
B. No person shall be in possession of, while in or on a motor vehicle upon a public
highway or street, or in an area used principally for public parking, any bottle, container or
receptacle containing such alcoholic beverage (open container) which has been opened, or the seal broken, or the contents of which have been or may be partially removed.
C. It is unlawful for the owner or occupant of any motor vehicle to keep or allow to be kept
in a motor vehicle when such vehicle is upon the public highway or street, or in an area used
principally for public parking, any bottle or receptacle containing such alcoholic beverages
(open container) which has been opened, or the seal broken, or the contents of which have
been or may be partially removed, except when such bottle or receptacle is kept in the trunk, or some other area of the vehicle not normally occupied by the driver or passengers. A utility
compartment or glove compartment shall be deemed to be within the area occupied by the
driver and passengers.
(Ord. No. 1616, § 1(9.70.050), 7-12-2004)
9.70.060 Revocation of Waiver.
The City Manager shall have the authority to revoke a waiver instantly upon a violation of the conditions or standards for issuance as set forth in this chapter or when a public emergency
arises. The revocation of a waiver due to an emergency shall not automatically operate to
Page 269 of 924
revoke all waivers under a recurring event waiver. The revocation of a waiver upon violation of
the conditions or standards of the waiver shall automatically operate to revoke the entire
waiver for a recurring event. A new application may be submitted in the event of a revocation
of a recurring event waiver.
(Ord. No. 1616, § 1(9.70.060), 7-12-2004)
9.70.070 Violation of Chapter 7 - Penalty139
A. It is a misdemeanor for any person to violate any of the provisions of this chapter.
B. Anyone found guilty of the offense of having an open container under section 9.70.020
shall be fined an amount not less than $100 and not to exceed $500 or be imprisoned in the
County jail for a term not to exceed 6 months, or both. The first $100 of a fine under this section may not be suspended.
C. Anyone found guilty of the offense of having an open container in a motor vehicle under
section 9.70.050 shall be fined an amount not less than $100 and not to exceed $500 or be
imprisoned in the County jail for a term not to exceed 6 months, or both. The first $100 of a
fine under this section may not be suspended.
D. Upon conviction, the Court may, in its discretion, order the payment of the costs of
prosecution or imprisonment, or both, as part of the sentence.
(Ord. No. 1616, § 1(9.70.070), 7-12-2004)
Chapter 9.72 SPECIAL SECURITY SERVICE CHARGES AT LOUD OR UNRULY
GATHERINGS140
9.72.010 Definitions.
The following terms used in this Chapter shall have the meanings set forth in this Section.
A. "Responsible person(s)" shall mean a person(s) with a right of possession in the
property on which a loud or unruly gathering is conducted, including, but not limited to, an
owner or tenant of the property if the gathering is on private property, or a permittee if the gathering is a permitted gathering on public property, or any person(s) accepting responsibility
for such a gathering. "Responsible person" shall additionally include the landlord of another responsible person and the parents and/or legal guardians of responsible persons under the
age of 21 years. To incur liability for special security service charges imposed by this Chapter
the responsible person need not be present at the loud or unruly gathering resulting in the
emergency response giving rise to the imposition of special security service charges. This
Chapter therefore imposes vicarious as well as direct liability upon responsible persons.
B. "Special security services" shall mean the provision of any police, fire or other emergency response service to a loud or unruly gathering within twelve months of a first
response as provided in this Chapter.
C. "Loud or unruly gathering" shall mean a gathering of two or more persons on private
139 Use the general penalty instead? 140 This chapter is more related to finances.
Page 270 of 924
property or a permitted gathering of two or more persons on public property whose loud or
unruly conduct constitutes a threat to public health, safety, quiet enjoyment of residential
property or general welfare, including violations of Chapter 8.28. This term excludes incidents
of domestic violence. A loud or unruly gathering shall constitute a public nuisance.
(Ord. No. 1656, § 1(9.72.010), 12-12-2005)
9.72.020 Response to Loud or Unruly Gatherings.
When a police officer responds to a first loud or unruly gathering at premises in the City with a
given address, the officer shall inform any responsible person at the scene that: (a) The officer
has determined that a loud or unruly gathering exists; and (b) Responsible persons will be
charged for the cost of any special security services required for subsequent responses to the
scene within the next twelve months. Only one warning will be given pursuant to this Section before the City assesses special security service costs pursuant to Section 9.72.030. If a
responsible person cannot be identified at the scene, the Police Department may issue a warning to one of the other responsible persons identified in Section 9.72.010.A. or
subsequently return to the scene and issue the warning to a then-present responsible person.
Warnings given to responsible persons who do not reside at the premises in question shall be
delivered by certified mail.
(Ord. No. 1656, § 1(9.72.020), 12-12-2005)
9.72.030 Cost Recovery for Special Security Services.
When the Police Department or Fire Department or other City emergency responder responds
to a loud or unruly gathering at premises with a given address in the City within twelve
months of a warning given to a responsible person for those premises pursuant to Section
9.72.020, or while any such warning remains in effect pursuant to Section 9.72.050, all
responsible persons shall be jointly and severally liable for the City's costs of providing special
security service for that response and all subsequent responses during that warning period.
(Ord. No. 1656, § 1(9.72.030), 12-12-2005)
9.72.040 Billing and Collection.
Charges for special security service shall include a reasonable charge for the emergency
responder's time and actual costs of any equipment used or damaged in connection with the
response, together with an additional thirty-three percent of the special security charge for administrative overhead. These charges shall be computed and a bill submitted to the
responsible person(s). The Chief of Police shall promulgate notice and billing procedures for this purpose. The bill shall be a debt owed to the City and failure to pay that bill within thirty
days is a violation of this Code. If the City is obliged to initiate litigation or other proceedings
authorized by this Code to recover this debt, the responsible person shall be liable for:
A. Costs of suit;
B. Attorney's fees; and
C. Costs of collection.
(Ord. No. 1656, § 1(9.72.040), 12-12-2005)
9.72.050 Violations/fines.
A. It shall be an infraction for a responsible person to conduct or allow a loud or unruly
Page 271 of 924
gathering on premises owned by the responsible person or on premises rented by or to the
responsible person. A third or subsequent violation within a twelve month period shall
constitute a misdemeanor.
B. Fines.
1. A first violation of this Section shall be punishable by a $100 fine.
2. A second violation of this Section at a given address in the City within a given twelve
month period shall be punishable by a fine of $250.
3. A third or subsequent violation of this Section at a given address in the City within a
given twelve month period shall be punishable by a fine of $500.
C. The fines prescribed at subsection (b) are in addition to any special security service
charges that may be assessed pursuant to this Chapter.
D. The second, third or subsequent violation fines prescribed at subsections B.2. and B.3.
are payable whether or not the responsible person at the time of the current loud or unruly
gathering is the same person who was the responsible person for any prior loud or unruly gathering at those premises.
E. The fine schedule prescribed at subsection B. is a "rolling schedule" meaning that in
calculating the fine payable the Police Department or City Attorney shall count backward
starting from the date of the most recent loud or unruly gathering to determine how many
prior loud or unruly gatherings have taken place at the premises in question during the
statutory twelve month period. A warning given pursuant to Section 9.72.020 shall remain in effect for the premises at a given address until a full twelve month period has elapsed during
which there have been no loud or unruly gatherings at those premises.
(Ord. No. 1656, § 1(9.72.050), 12-12-2005)
9.72.060 Service of Alcoholic Beverages to Minors.
The City Commission hereby finds that the service of alcohol to minors at loud and unruly
gatherings and the consumption of alcohol by minors at loud or unruly gatherings has in the past and continues to pose a threat to the health and safety of all persons who reside in the
City and also causes significant disruption of City residents' quiet enjoyment of their
households, especially in the City's residential neighborhoods. In addition, such conduct on
behalf of persons who serve alcohol to minors and minors who consume alcohol at loud or
unruly gatherings results in the expenditure of a disproportionate percentage of the City's
police, fire and public safety resources which are underwritten primarily by general municipal
taxes paid to the City by its taxpayers and residents. It is therefore the policy of the City Commission that in responding to loud or unruly gatherings, the City Police Department shall
strictly enforce any and all applicable state laws pertaining to the service of alcohol to minors,
and the consumption of alcohol by minors, and with respect to minors in possession of alcohol,
the Police Department shall establish a "no tolerance" protocol by which the Police Department
contacts, or causes the minor's school to contact, the minor's parents or legal guardians
whenever the minor is found to be in possession of alcohol or narcotics or found to be
intoxicated at a loud or unruly gathering. Where the minor's school has an internal student
disciplinary office any such incident shall likewise be reported to that office."
(Ord. No. 1656, § 1(9.72.060), 12-12-2005)
Page 272 of 924
Article 8. Offenses By or Against Minors
Chapter 9.80
CURFEW
Sections:
9.80.010 Loitering by persons under sixteen years of age prohibited--Exceptions.
9.80.020 Responsibility of parents or guardians.
9.80.030 Violation--Penalty.
9.80.010 Loitering by persons under sixteen years of age prohibited--
Exceptions.141
No minor under the age of sixteen years shall loiter, idle, wander, stroll or play in or upon the
public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public
places, public buildings, places of amusement and of entertainment, vacant lots or other
unsupervised places or premises, between the hours of ten p.m. of any day and four a.m. of
the following day, official city time, within the corporate limits of the city; provided, however, that the provisions of this section shall not apply to any such minor who is accompanied by his
or her parent, guardian or other adult person having the care, custody and control of such minor, or when such minor is upon an emergency errand or other legitimate business at the
141 Current case law requires the following exceptions:
The following activities shall be exempt from the curfew requirements of this
chapter where the minor is:
(1) Accompanied by his parent, guardian or any other person 21 years of age or older
who is authorized by a parent as the caretaker for the minor;
(2) On an errand, without any detour or stop, at the direction of his parent, guardian or
caretaker;
(3) In a vehicle involved in interstate travel;
(4) Engaged in a certain employment activity, or going to or from employment, without
any detour or stop;
(5) Involved in an emergency;
(6) On the sidewalk that abuts the minor's or the nextdoor neighbor's residence, if the
neighbor has not complained to the police;
(7) In attendance at an official school, religious or other recreational activity sponsored
by the city, a civic organization or another similar entity that takes
responsibility for the minor, or going to or from such an activity, without any
detour or stop, and supervised by adults;
(8) Exercising First Amendment rights, including free exercise of religion, freedom of
speech and the right of assembly.
Page 273 of 924
direction, instruction or command of his or her parent, guardian or other adult person having
the care, custody and control of such minor, but such direction, instruction or command shall
be a matter of defense, and the burden of proof thereof to the satisfaction of the court shall be
upon the defendant in any prosecution for violation of this chapter. Each and every violation of
the provisions of this section shall constitute a separate offense and shall be punishable as
such.
(Prior code, § 6.34.010; Code ????, § 9.80.010)
9.80.020 Responsibility of parents or guardians.
It shall be deemed a violation of this chapter for any parent, guardian or other adult person
having the care, custody or control of a minor under the age of sixteen years to allow or permit such minor, either expressly or by neglect, to duly exercise such care, custody or
control, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of
amusement and entertainment, vacant lots or other unsupervised places, between the hours
of ten p.m. of any day and four a.m. of the following day, official city time, except as provided
in Section 9.80.010 of this chapter, and the burden of proving such exception shall be on the
defendant; provided, that in any prosecution under this section it shall not constitute a defense thereto that the parent, guardian or other adult person having the care, custody, or
control of any such minor under the age of sixteen years, did not have knowledge that such minor did loiter, idle, wander, stroll or play in or upon any of the places specified in this section
at any time between the hours herein specified.
(Prior code, § 6.34.020; Code ????, § 9.80.020)
9.80.030 Violation--Penalty.142
Any minor violating the provisions of Section 9.80.010 of this chapter shall be dealt with in accordance with and pursuant to the provisions of MCA 41-5-101 et seq., and the Interstate
Compact on Juveniles at MCA 41-6-101 et seq. Any parent, guardian or other adult person
having the care, custody or control of a minor violating any of the provisions of Section
9.80.010 of this chapter shall be deemed guilty of a violation of the provisions of Section
9.80.020 of this chapter, and upon conviction thereof in the police court, shall be fined in a
sum not less than five dollars nor more than fifty dollars, or by imprisonment in the city or
county jail for a period not exceeding twenty-five days, or by both such fine and imprisonment for each offense of which such parent, guardian or other adult person shall be so convicted.
(Prior code, § 6.34.030; Code ????, § 9.80.030)
Article 9. Weapons*
*State law reference—Restriction on local government regulation of firearms, MCA 45-8-
351.
Chapter 9.90
AIRGUNS
Sections:
142 Are the fines high enough now?
Page 274 of 924
9.90.010 Discharge of airguns prohibited when.
9.90.010 Discharge of airguns prohibited when.
No person shall, within the limits of the city, shoot or discharge any toy air pistol or rifle
shooting lead shot, or missile of metal, wood or other hard substance.
(Prior code, § 6.08.010; Code ????, § 9.90.010)
Chapter 9.92
CONCEALED WEAPONS
Sections:
9.92.010 Concealed weapons defined--Carrying prohibited without permit.
9.92.010 Concealed weapons defined--Carrying prohibited without permit.143
No person shall carry or bear concealed upon his or her person a dirk, dagger, pistol, revolver,
sling-shot, sword, cane, billy, knuckles made of any metal or hard substance, knife having a
blade four inches long or longer, razor (not including a safety razor), or other dangerous or deadly weapon, without written permission from the proper authority with legal power to grant
such permit. "Concealed weapons," within the meaning of this section, shall be any weapon mentioned herein which shall be wholly or partially covered by the clothing or wearing apparel
of the person carrying or bearing such weapon.
(Prior code, § 6.04.060; Code ????, § 9.92.010)
State law references—Similar provisions, MCA 45-8-316; permit to carry concealed weapon,
MCA 45-8-321 et seq.
Chapter 9.93
143 Note preemption which affects this section as to concealed handguns.
45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in
subsection (2), no county, city, town, consolidated local government, or other local
government unit may prohibit, register, tax, license, or regulate the purchase, sale or other
transfer (including delay in purchase, sale, or other transfer), ownership, possession,
transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun,
handgun, or concealed handgun.
(2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns,
and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors. (b) Nothing contained herein shall allow any government to prohibit the legitimate display of
firearms at shows or other public occasions by collectors and others, nor shall anything
contained herein prohibit the legitimate transportation of firearms through any jurisdiction,
whether in airports or otherwise.
History: En. Sec. 1, Ch. 589, L. 1985; amd. Sec. 11, Ch. 759, L. 1991.
Page 275 of 924
WEAPONS IN PUBLIC BUILDINGS AND PROPERTY
Sections:
9.93.010 Definitions.
9.93.020 Prohibition of weapons in city-owned buildings and property.
9.93.030 Exceptions. 9.93.040 Areas subject to prohibition.
9.93.050 Signing.
9.93.060 Violation--Penalty.
9.93.010 Definitions.
The following words and terms, as used in this chapter, shall have the following meanings:
A. "Destructive device" means:
1. A projectile containing an explosive or incendiary material or any other similar chemical
substance including, but not limited to, that which is commonly known as tracer or incendiary
ammunition, except tracer ammunition manufactured for use in shotguns;
2. A bomb, grenade, explosive missile or similar device or a launching device therefor;
3. A weapon of a caliber greater than .60 caliber which fires fixed ammunition or any
ammunition therefor, other than a shotgun or shotgun ammunition;
4. A rocket, rocket-propelled projectile or similar device of a diameter greater than .60
inch or a launching device therefor and a rocket, rocket-propelled projectile or similar device containing an explosive or incendiary material or any other similar chemical substance other
than the propellant for the device, except devices designed primarily for emergency or distress signaling purposes;
5. A breakable container which contains a flammable liquid with a flashpoint of one
hundred fifty degrees Fahrenheit or less and which has a wick or similar device capable of
being ignited, other than a device which is commercially manufactured primarily for the purpose of illumination.
B. "Firearm" means any weapon (including a starter gun) which will or is designed to or
may readily be converted to expel a projectile by the action of any explosive; the frame or
receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive
device.
C. "Park" means 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.
D. "Weapon" means dirk; dagger; pistol; revolver; rifle; shotgun; firearm; slingshot;
sword cane; billy; knuckles made of any metal or hard surface; razor, not including a safety
razor; or other deadly weapon or destructive device.
(Code ????, § 9.93.010; Ord. No. 1420 § 1, 1996)
9.93.020 Prohibition of weapons in city-owned buildings and property.
Page 276 of 924
The carrying or possession of a weapon by any person in or on the city-owned buildings and
property described in Section 9.93.040 or in any park is prohibited.
(Code ????, § 9.93.020; Ord. No. 1420 § 1, 1996)
9.93.030 Exceptions.
The provisions of Section 9.93.020 do not apply to:
A. Any peace officer of the state of Montana;
B. Any officer of the United States government authorized to carry a concealed weapon;
C. Any member of the armed services or reserve forces of the United States or National
Guard, while in the performance of their official duties;
D. A person summoned to the aid of any of the persons named in subsections A through C
of this section;
E. A probation and parole officer authorized to carry a firearm under MCA 46-23-1002;
F. An agent of the Montana Department of Justice or a criminal investigator in a county attorney's office;
G. Sponsored events, gun shows or displays authorized by the city;
H. A person who is participating in a public event or program, including but not limited to,
a gun show or gun safety program which is authorized by the city to occur on city property; or
I. A person authorized by the Bozeman chief of police to carry or possess an unconcealed
weapon on city property.
(Code ????, § 9.93.030; Ord. No. 1420 § 1, 1996)
9.93.040 Areas subject to prohibition.
The city-owned property to which the prohibition in Section 9.93.020 applies includes:
A. City Hall Complex, 411 East Main Street and 34 North Rouse Avenue, Bozeman,
Montana;
B. Carnegie Building, 35 North Bozeman Avenue, Bozeman, Montana;
C. Bozeman Public Library, 220 East Lamme Street, Bozeman, Montana;
D. City Shop Complex, 814 North Bozeman Avenue, Bozeman, Montana, including all
lawns, parking areas and sidewalks leading to the site, as well as all areas inside the perimeter
fence;
E. Swim Center, 1211 West Main Street, Bozeman, Montana;
F. Cemetery Building, 340 Golf Way, Bozeman, Montana, including all lawns, parking areas and sidewalks leading to the building, and cemetery grounds;
Page 277 of 924
G. Landfill Building, 2143 Story Mill Road, Bozeman, Montana;
H. Lower yards, 1900 North Rouse Avenue, Bozeman, Montana, including all areas inside
the perimeter fence;
I. Water Treatment Plant, 7220 Sourdough Canyon Road, Bozeman, Montana;
J. Wastewater Treatment Plant, 2245 Springhill Road, Bozeman, Montana, including, but
not limited to, all areas inside the perimeter fence;
K. Parks.
(Code ????, § 9.93.040; Ord. No. 1420 § 1, 1996)
9.93.050 Signing.
Suitable signs shall be posted at each entrance to the facilities listed in Section 9.93.040A
through J, stating the possession of weapons on the premises is prohibited except for law
enforcement personnel.
(Code ????, § 9.93.050; Ord. No. 1420 § 1, 1996)
9.93.060 Violation--Penalty.144
Violation of this chapter is a misdemeanor and is punishable by a fine not to exceed five
hundred dollars and/or imprisonment of up to six months in the county jail.
(Code ????, § 9.93.060; Ord. No. 1420 § 1, 1996)
Chapter 9.94
DISCHARGING FIREARMS
Sections:
9.94.010 Discharge of firearms prohibited--Exceptions.
9.94.010 Discharge of firearms prohibited--Exceptions.
No person shall, except in necessary defense of himself or others, or unless duly authorized by law, discharge any firearm. This shall not apply to the discharge of firearms on any legal rifle
range of the National Guard or of any branch thereof, nor to the discharge of firearms in any
duly licensed shooting gallery, nor by any duly authorized person.
(Prior code, § 6.04.070; Code ????, § 9.94.010)
Chapter 9.98
BOWS AND CROSSBOWS AND OTHER DEVICES
Sections:
9.98.010 Use restrictions.
144 This section is covered by the general penalty.
Page 278 of 924
9.98.010 Use restrictions.
A. No person shall throw, shoot, fire, or otherwise discharge any arrow, bolt or other
projectile through the use of a bow, crossbow or other device within the city limits, except
when done in the lawful defense of the person, property or family, or when done either at an
organized and established public or private archery shooting range or gallery, or when done at an archery shooting target area on private property or premises under circumstances and in
such a manner where any throwing, shooting, firing or other discharge of an arrow, bolt or
other projectile can be and is being performed in a manner so as not to endanger person,
property, animal or fowl, and also performed in such a manner so as to prevent any arrow,
bolt or other projectile from traversing any grounds or air space outside the established boundaries or limits of any organized and established public or private archery shooting range
or gallery, or archery shooting target area on private property or premises.
B. No person shall throw, shoot, fire or otherwise discharge any arrow, bolt, or other
projectile through the use of a bow, crossbow or other device in parks or other public property.
(Code ????, § 9.98.010; Ord. No. 1256, § 1, 1988; Ord. No. 1242, § 1, 1987)
Page 279 of 924
Title 10
VEHICLES AND TRAFFIC*145
*State law reference--Motor vehicles, MCA 61-1-101 et seq.
Chapters:
10.04 General Provisions
10.08 Rules of the Road
10.12 Turning Movements 10.16 Traffic-control Devices
10.20 One-way Streets and Alleys
10.24 Speed Limits
10.28 Stop Intersections
10.32 Stopping, Standing and Parking
10.34 Handicapped Parking
10.40 Taxicabs and Buses 10.44 Miscellaneous Regulations
10.48 Bicycles 10.52 Pedestrians
10.56 Traffic Accidents and Violations
10.60 Enforcement
10.64 Abandoned or Junked Vehicles
Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010 Title for citation.
10.04.020 Definitions. 10.04.030 Official time standard.
10.04.040 District boundaries incorporated--Schedule I. 10.04.050 Police department administration and enforcement.
10.04.060 Emergency and experimental regulations authorized when.
10.04.070 Obedience to traffic code required.
10.04.080 State license plates required.
10.04.090 Obedience to police and fire department officials.
10.04.100 Obedience by public employees.
10.04.110 Operating without driver's license or permit prohibited.
10.04.010 Title for citation.
This Title 10 may be known and cited as the "traffic ordinance."
(Prior code, § 11.04.785; Code ????, § 10.04.010)
10.04.020 Definitions.146
145 You have duplicated many of the state traffic laws in this title. Do you wish to conform your
language to the latest state law amendments, or just adopt state law by reference as is
done in Billings?
Page 280 of 924
The following words and phrases, when used in this title, shall for the purpose of this title have
the meanings respectively ascribed to them in this chapter:
1471. "Authorized emergency vehicle" means vehicles of the fire department, police vehicles,
and such ambulances and emergency vehicles of municipal departments or public service
corporations as are designated or authorized by the director of public safety.
1482. "Bicycle" means every device propelled by human power upon which any person may
ride, having two tandem wheels either of which is over twenty inches in diameter, and
including any device generally recognized as a bicycle though equipped with two front or two rear wheels.
1493. "Commercial vehicle" means every vehicle designed, used or maintained primarily for
146 I suggest deleting those definitions covered by state law, and just adopting state law traffic
and vehicle definitions by reference. 147 Compare to definition in MCA 61-8-102:
(a) "Authorized emergency vehicle" means a vehicle of a governmental fire agency organized under
Title 7, chapter 33, an ambulance, and an emergency vehicle designated or authorized by
the department. 148 Compare to definition in MCA 61-8-102:
(b) "Bicycle" means:
(i) a vehicle propelled solely by human power upon which any person may ride and that has two tandem wheels and a seat height of more than 25 inches from the ground when the seat is raised to its highest position, except scooters and similar devices; or (ii) a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement may not exceed 3.05 cubic
inches, 50 centimeters, regardless of the number of chambers in the power source. The
power source may not be capable of propelling the device, unassisted, at a speed exceeding
30 miles an hour, 48.28 kilometers an hour, on a level surface. The device must be
equipped with a power drive system that functions directly or automatically only and does
not require clutching or shifting by the operator after the drive system is engaged. 149 Compare to definition in MCA 61-1-101:
(8) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used
in commerce to transport passengers or property if the vehicle:
(i) has a gross combination weight rating or a gross combination weight of 26,001 pounds or
more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of
more than 10,000 pounds; (ii) has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater; (iii) is designed to transport at least 16 passengers, including the driver; (iv) is a school bus; or (v) is of any size and is used in the transportation of hazardous materials as defined in 61-8-
801.
(b) The following vehicles are not commercial motor vehicles:
(i) an authorized emergency service vehicle:
(A) equipped with audible and visual signals as required under 61-9-401 and 61-9-402; and
(B) entitled to the exemptions granted under 61-8-107;
(ii) a vehicle:
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the transportation of property.
4. "Crosswalk" means:
a. That part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the highway, measured from the curbs, or in the absence of curbs from the edges of the traversable roadway;
b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
5. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of
vehicles during the loading or unloading of passengers or materials. 1506. "Driver" or "operator" means every person who drives or is in actual physical control of
a vehicle.
7. "Freight curb loading zone" means a space adjacent to a curb for the exclusive use of
vehicles during the loading or unloading of freight or passengers.
8. "Intersection" means the area embraced within the prolongation or connections of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways
which join one another at or approximately at right angles, or the area within which vehicles
traveling upon different highways joining at any other angle may come in conflict.
1519. "Laned roadway" means a roadway which is divided into two or more clearly marked
lanes for vehicular traffic. 15210. "Motorcycle" means every motor vehicle having a saddle for the use of the rider
(A) controlled and operated by a farmer, family member of the farmer, or person employed by
the farmer;
(B) used to transport farm products, farm machinery, or farm supplies to or from the farm
within Montana within 150 miles of the farm or, if there is a reciprocity agreement with a
state adjoining Montana, within 150 miles of the farm, including any area within that
perimeter that is in the adjoining state; and
(C) not used to transport goods for compensation or for hire; or
(iii) a vehicle operated for military purposes by active duty military personnel, a member of the
military reserves, a member of the national guard on active duty, including personnel on
full-time national guard duty, personnel in part-time national guard training, and national
guard military technicians, or active duty United States coast guard personnel.
(c) For purposes of this subsection (8): (i) "farmer" means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person; (ii) "gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle; (iii) "gross vehicle weight rating" means the value specified by the manufacturer as the loaded
weight of a single vehicle; and
(iv) "school bus" has the meaning provided in 49 CFR 383.5. 150 Covered by MCA 61-1-101. 151 Covered by MCA 61-8-605. 152 Compare to MCA 61-1-101:
Page 282 of 924
and designed to travel on not more than three wheels in contact with the ground, but
excluding a tractor.
15311. "Motor-driven cycle" means every motorcycle, including every motorscooter, with
a motor which produces not to exceed five horse-power, and every bicycle with motor attached.
15412. "Motor vehicle" means every vehicle which is self-propelled, and every vehicle
which is propelled by electric power obtained from overhead trolley wires, but not operated
upon rails.
13. "Official traffic control devices" means all signs, signals, markings and devices not
inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
15514. "Park," when prohibited, means the standing of a vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading.
15. "Passenger curb loading zone" means a place adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers.
16. "Pedestrian" means any person afoot.
17. "Person" means every natural person, firm, copartnership, association or corporation.
18. "Police officer" means every officer of the municipal police department, or any officer
authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(36) (a) "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the operator
and that is designated to travel on not more than three wheels in contact with the ground. A
motorcycle may carry one or more attachments and a seat for the conveyance of a
passenger.
(b) The term does not include a tractor, a bicycle as defined in 61-8-102, a motorized
nonstandard vehicle, or a two- or three-wheeled all-terrain vehicle that is used exclusively
on private property. 153 Compare to MCA 61-1-101:
(37) (a) "Motor-driven cycle" means a motorcycle, including a motor scooter, with a motor that
produces 5 horsepower or less.
(b) The term does not include a bicycle, as defined in 61-8-102, or a motorized nonstandard
vehicle. 154 Compare to MCA 61-1-101:
(40) (a) "Motor vehicle" means: (i) a vehicle propelled by its own power and designed or used to transport persons or property upon the highways of the state; and
(ii) a quadricycle if it is equipped for use on the highways as prescribed in chapter 9.
(b) The term does not include a bicycle as defined in 61-8-102, an electric personal assistive
mobility device, a motorized nonstandard vehicle, or a motorized wheelchair or other low-
powered, mechanically propelled vehicle that is designed specifically for use by a physically
disabled person and that is used as a means of mobility for that person. 155 Covered by MCA 61-4-131.
Page 283 of 924
19. "Private road" or "driveway" means every way or place in private ownership and used
for vehicular travel by the owner, and those having express or implied permission from the
owner, but not by other persons.
15620. "Railroad" means a carrier of persons or property upon cars, other than
streetcars, operated upon stationary rails.
15721. "Railroad train" means a stream engine, electric, or other motor, with or without
cars coupled thereto, operated upon rails, except streetcars.
22. "Right-of-way" means the privilege of the immediate use of the roadway. 15823. "Roadway" means that portion of a street or highway improved, designed or
ordinarily used for vehicular travel. In the event a highway includes two or more separate
roadways, the term "roadway" as used herein shall refer to any such roadway separately, but
not to all such roadways collectively.
24. "Sidewalk" means that portion of a street between the curblines or the lateral lines of a
roadway and the adjacent property lines, intended for the use of pedestrians. 15925. "Stop," when required, means complete cessation of movement.
16026. "Stop," "stopping," or "standing," when prohibited, means any stopping or
standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer or traffic-control sign or
signal.
27. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate
signs as to be plainly visible at all times while set apart as a safety zone.
16128. "Street" or "highway" means the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the use of the public for
purposes of vehicular travel, including avenues and alleys.
29. "Through or arterial highway" means every street or highway, or portion thereof, at the
156 Covered by MCA 61-1-101. 157 Covered by MCA 61-1-101. 158 Compare to MCA 61-1-101: (60) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event that a highway includes two or more separate roadways, the term refers to any roadway separately but not to all roadways collectively. 159 Covered by MCA 61-1-101. 160 Covered by MCA 61-1-101. 161 Compare to MCA 61-1-101:
(70) "Street" means the entire width between the boundary lines of every publicly maintained way
when any part of the publicly maintained way is open to the use of the public for purposes
of vehicular travel.
Page 284 of 924
entrances to which vehicular traffic from intersecting streets or highways is required by law to
stop before entering or crossing the same, and when stop signs are erected as provided in this
title.
16230. "Traffic" means pedestrians, ridden or herded animals, vehicles and other
conveyances, either singly or together, while using any street for purposes of travel.
31. "Traffic-control signal" means any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to proceed.
32. "Traffic division" means the traffic division of the police department of this city; or, in
the event a traffic division is not established, then said term whenever used in this title, shall be deemed to refer to the police department of the city.
16333. "Vehicle" means every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, except devices moved by human power or used
exclusively upon stationary rails or tracks.
34. "Ways of this city open to the public" means any highway, road, alley, lane, parking
area or other public or private place adapted and fitted for public travel that is in common use by the public.
(Prior code, §§ 11.04.010, 11.04.015, 11.04.020, 11.04.025, 11.04.030, 11.04.035,
11.04.040; Code ????, § 10.04.020; Ord. No. 1179, § 1, 1985)
10.04.030 Official time standard.164
Whenever certain hours are named in this title, they shall mean standard time or daylight
saving time, as may be in current use in the city.
(Prior code, § 11.04.045; Code ????, § 10.04.030)
10.04.040 District boundaries incorporated--Schedule I.165
A. The boundaries of the various districts within the City of Bozeman are more particularly
described in Schedule I attached to the ordinance codified in this section.
B. Schedule I--Boundaries of Districts. The provisions of Title 18 of this code, as amended,
the short title of which is the zoning ordinance, are by this reference incorporated herein and
made a part hereof, the same as if fully set forth herein, for the purpose of designating and
162 Covered by MCA 61-1-101. 163 Compare to MCA 61-1-101:
(83) (a) "Vehicle" means a device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by animal power or used exclusively
upon stationary rails or tracks.
(b) The term does not include a manually or mechanically propelled wheelchair or other low-
powered, mechanically propelled vehicle that is designed specifically for use by a physically
disabled person and that is used as a means of mobility for that person. 164 This section is unnecessary. This is understood. 165 What is the relevance in this title?
Page 285 of 924
specifying the boundaries of the various districts within the city.
(Prior code, § 11.04.090, 11.04.790; Code ????, § 10.04.040)
10.04.050 Administration and enforcement.
It shall be the duty of the director of public safety-police to enforce the street traffic
regulations of the city, and all of the state vehicle laws applicable to street traffic in the city, to make arrests for traffic violations, to investigate accidents, and to arrest and assist in the
prosecution of those persons charged with the violations of law causing or contributing to such
accidents, to cooperate with other officers of the city in the administration of traffic laws, and
in developing ways and means to improve traffic conditions and to carry out those duties
specially imposed by this title."
(Prior code, § 11.04.095; Code ????, § 10.04.050; Ord. No. 1537, § 19, 5-29-2001; Ord. No.
1640, § 3, 6-6-2005)
10.04.060 Emergency and experimental regulations authorized when.
The director of public safety is empowered to make regulations necessary to make effective
the provisions of the traffic ordinances of the city and to make and enforce temporary or experimental regulations to cover emergencies or special conditions.
(Prior code, § 11.04.110; Code ????, § 10.04.060)
10.04.070 Obedience to traffic code required.166
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required
in Chapters 10.04 through 10.60.
(Prior code, § 11.04.120; Code ????, § 10.04.070)
10.04.080 State license plates required. 167
The owner of a motor vehicle shall register such vehicle with the Motor Vehicle Department of the state, and shall further comply with all provisions of the Motor Vehicle Registration Act.
The owner shall display in a conspicuous place on such registered vehicle the proper license
plates, which must be legible at all times for a distance of one hundred feet.
(Prior code, § 11.04.410; Code ????, § 10.04.080)
10.04.090 Obedience to police and fire department officials. 168
No person shall willfully fail or refuse to comply with any lawful order or direction of a police
officer or fire department official.
(Prior code, § 11.04.125; Code ????, § 10.04.090)
10.04.100 Obedience by public employees.
166 This section is covered by the general penalty. 167 MCA 61-3-301 requires a license plate, but no 100 foot requirement. 168 I won’t comment any further on sections covered by state law until you decide whether to
conform to state law or adopt by reference.
Page 286 of 924
The provisions of Chapters 10.04 through 10.60 shall apply to the driver of any vehicle owned
by or used in the service of the United States Government, the state of Montana, the county of
Gallatin, or the city of Bozeman, and it is unlawful for any driver to violate any of the
provisions of Chapters 10.04 through 10.60, except as otherwise permitted in Chapters 10.04
through 10.60, or by state statute.
(Prior code, § 11.04.135; Code ????, § 10.04.100)
10.04.110 Operating without driver's license or permit prohibited.
It is unlawful for any person to operate any motor vehicle on the streets or roadways of the
city without all licenses or permits now or hereafter required by this title, or required by the Montana Uniform Motor Vehicle Operator's and Chauffeurs' License Act and any amendments
thereto. It is unlawful for any person learning to drive a motor vehicle to operate the same upon any arterial or through street of the city. It shall be the duty of the police officers of the
city to arrest any person violating the provisions of this section, and take possession of the
vehicle so unlawfully operated until satisfaction of any penalty imposed for such violation.
(Prior code, § 11.04.415; Code ????, § 10.04.110)
Chapter 10.08
RULES OF THE ROAD
Sections:
10.08.010 Safe, properly equipped vehicle required.
10.08.020 Horns and warning devices required.
10.08.030 Brake equipment and lighting equipment.
10.08.040 Flag or red light at end of load. 10.08.050 Size and weight of vehicles, trailers, loads and tires--State regulations
applicable.
10.08.060 Driving on right side of street required.
10.08.070 Right-of-way at intersections and when entering street.
10.08.080 Meeting of vehicles from opposite directions. 10.08.090 Crossing intersections or railroads on right side required.
10.08.100 Following, overtaking and passing vehicles. 10.08.110 Procedure on approach of authorized emergency vehicles.
10.08.120 Exemptions for authorized emergency vehicles.
10.08.130 Unattended vehicle--Brakes to be set and engines stopped.
10.08.140 Starting parked vehicles--Right-of-way.
10.08.150 Unobstructed view while driving required. 10.08.160 Processions--Procedures for drivers.
10.08.170 Processions--Driving between vehicles prohibited when. 10.08.180 Driving through safety zones prohibited.
10.08.190 Following fire apparatus prohibited.
10.08.200 Crossing fire hose prohibited--Exception.
10.08.210 Driving while intoxicated or under the influence of drugs prohibited--
Enforcement procedures.
10.08.220 Excessive noise or smoke prohibited.
10.08.230 Riding restrictions for drivers and passengers. 10.08.240 Driving on sidewalks prohibited--Exceptions.
10.08.250 Driving vehicles with leaking loads prohibited.
Page 287 of 924
10.08.260 Red or green lights in front of vehicle prohibited--Exceptions.
10.08.270 Careless driving prohibited--Penalty.
10.08.272 Legislative intent.
10.08.280 Reckless driving prohibited--Penalty for violation.
10.08.010 Safe, properly equipped vehicle required.
It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehicle or combination of vehicles which is
in such unsafe condition as to endanger any person, or which does not contain those parts or
is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this
section and Sections 10.08.020 through 10.08.040, 10.08.120, 10.08.210, 10.08.240 and 10.08.250, or for any person to do any act forbidden or fail to perform any act required under
said sections.
(Prior code, § 11.04.405; Code ????, § 10.08.010)
10.08.020 Horns and warning devices required.
A. Every motor vehicle, when operated upon a street, shall be equipped with a horn in
good working order, capable of emitting sound audible under normal conditions from a distance of two hundred feet or more; and it is unlawful, except as otherwise provided in this
section and Sections 10.08.010, 10.08.030, 10.08.040, 10.08.130, 10.08.220, 10.08.250 and
10.08.260, for any vehicle to be equipped with, or for any person to use on a vehicle any
siren, bell, musical horn or any compression or sparkplug whistle, or for any person at any
time to use a horn otherwise than as a reasonable warning, or to make any unnecessary or
unreasonable continued loud or offensive sound by means of a horn or other warning device.
B. Every authorized emergency vehicle shall be equipped with a bell, siren or exhaust
whistle of a type approved by the director of public safety.
(Prior code, § 11.04.405(b); Code ????, § 10.08.020)
10.08.030 Brake equipment and lighting equipment.
It is unlawful for any person, firm or corporation to operate, or cause to be operated, upon any
of the streets, avenues or alleys of the city any motor vehicle, trailer or towed vehicle not complying with the laws of the state and the rules and regulations of the Montana State
Highway Patrol as to brake equipment and lighting equipment on such vehicles.
(Prior code, § 11.04.405(f); Code ????, § 10.08.020; Code ????, § 10.08.030)
10.08.040 Flag or red light at end of load.
Whenever the load on any vehicle extends more than four feet beyond the rear of the bed or
body thereof, there shall be displayed at the end of such load in such a position as to be clearly visible at all times from the rear of such vehicle, a red flag not less than twelve inches,
both in length and width; except that between one hour after sunset and one hour before
sunrise, there shall be displayed at the end of such load a red light, visible under normal
atmospheric conditions at least two hundred feet from the rear of such vehicle.
(Prior code, § 11.04.405(a); Code ????, § 10.08.040)
10.08.050 Size and weight of vehicles, trailers, loads and tires--State regulations
Page 288 of 924
applicable.
A. It is unlawful for any person, firm or corporation to operate or cause to be operated
upon any of the streets, avenues or alleys of the city any motor vehicle, trailer or towed
vehicle not complying with the laws of the state and the rules and regulations of the Montana
State Highway Commission as to the regulations and restriction of size and weight of motor vehicles and loads, trailers and towed vehicles and tire equipment.
B. The director of public safety shall have authority to impose such emergency regulations
as to weight of motor vehicles and loads as he, in his discretion, deems necessary.
(Prior code, § 11.04.425; Code ????, § 10.08.050)
10.08.060 Driving on right side of street required.
A. Upon all streets except upon one-way streets, the operator of a vehicle shall drive the
same upon the right half of the street only, and the operator of a slow-moving vehicle shall
drive the same as close as possible to the right-hand curb of the street unless it is
impracticable to travel on such side of the street, and except when overtaking and passing
another vehicle, subject to the limitations applicable by law in overtaking and passing.
B. The foregoing provisions of this section shall not be deemed to prevent the marking of lanes for traffic upon any street and the allocation of designated lanes to traffic moving in a
particular direction or at designated speeds.
(Prior code, § 11.04.330; Code ????, § 10.08.060)
10.08.070 Right-of-way at intersections and when entering street.
A. Vehicles Approaching or Entering Intersection.
1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a
vehicle which has entered the intersection from a different highway or street.
2. When two vehicles enter an intersection from different streets or highways at
approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
3. The right-of-way rules declared in subdivisions 1 and 2 above are modified at through
or arterial highways and streets and otherwise as hereinafter stated in this section.
B. Vehicle Turning Left at Intersection. The driver of a vehicle within an intersection
intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an
immediate hazard, but the driver, having so yielded and having given a signal when and as required by this title, may make such left turn, and the drivers of all other vehicles
approaching the intersection from the opposite direction shall yield the right-of-way to the
vehicle making the left turn.
C. Vehicle Entering Through or Arterial Highway or Street or Stop Intersection.
1. The driver of a vehicle shall stop as required by this title at the entrance to a through or arterial highway or street and shall yield the right-of-way to other vehicles which have entered
the intersection from the through or arterial highway or street or which are approaching so
Page 289 of 924
closely on the through or arterial highway or street as to constitute an immediate hazard, but
the driver so yielded may proceed, and the drivers of all other vehicles approaching the
intersection on the through or arterial highway or street shall yield the right-of-way to the
vehicle so proceeding into or across the through or arterial highway or street.
2. The driver of a vehicle shall likewise stop in obedience to a stop sign, as required in this title, at an intersection where a stop sign is erected at one or more entrances thereto although
not a part of the through or arterial highway or street, and shall proceed cautiously, yielding to
vehicles not so obliged to stop which are within the intersection or approaching so closely as
to constitute an immediate hazard, but may then proceed.
D. Vehicle Entering Highway or Street From Private Road or Driveway. The driver of a
vehicle about to enter or cross a highway or street from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway or street.
(Prior code, § 11.04.370; Code ????, § 10.08.070)
10.08.080 Meeting of vehicles from opposite directions.
Operators of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main-traveled portion of the roadway as nearly as
possible.
(Prior code, § 11.04.340; Code ????, § 10.08.080)
10.08.090 Crossing intersections or railroads on right side required.
In crossing an intersection of streets or the intersection of a street by a railroad right-of-way,
except upon a one-way street, the operator of a vehicle shall at all times cause such vehicle to
travel on the right half of the street, unless such right half is obstructed or impassable.
(Prior code, § 11.04.335; Code ????, § 10.08.090)
10.08.100 Following, overtaking and passing vehicles.
A. The operator of a vehicle overtaking another vehicle proceeding in the same direction
shall pass at a safe distance to the left thereof, and shall not again drive to the right side of
the street until safely clear of such overtaken vehicle, except where traffic lanes are plainly marked.
B. Limitations on Privilege of Overtaking and Passing.
1. The operator of a vehicle shall not drive to the left side of the centerline of a street in
overtaking and passing other vehicles proceeding in the same direction unless such left side is
clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safety. The foregoing provision of this section shall not
apply upon one-way streets or upon streets laned for traffic, in which later event vehicles traveling in lanes shall move in the direction permitted in such lanes.
2. The operator of a vehicle shall not overtake and pass another vehicle proceeding in the
same direction at any steam or electric railroad grade crossing, nor at any intersection of
streets.
C. Operator To Give Way To Overtaking Vehicles. The operator of a vehicle upon a street
Page 290 of 924
about to be overtaken and passed by another vehicle approaching from the rear shall give way
to the right in favor of the overtaking vehicle on suitable and audible signal being given by the
driver of the overtaking vehicle, and shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle.
D. Following Too Closely. The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicles
and the traffic upon and condition of the street.
(Prior code, § 11.04.345; Code ????, § 10.08.100)
10.08.110 Procedure on approach of authorized emergency vehicles.
Upon the immediate approach of an authorized emergency vehicle equipped with at least one
lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and when the driver is giving audible signal by
siren, exhaust whistle or bell;
A. The driver of every other vehicle shall yield the right-of-way and shall immediately drive
to a position parallel to, and as close as possible to, the righthand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized
emergency vehicle has passed, except when otherwise directed by a police officer;
B. This section shall not operate to relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons using the highway.
(Prior code, § 11.04.350; Code ????, § 10.08.110)
10.08.120 Exemptions for authorized emergency vehicles.
A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but
not upon returning from a fire alarm, may exercise the privileges set forth in this section, but
subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of this title;
2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation;
3. Exceed the prima facie speed limits so long as he does not endanger life or property;
4. Disregard regulations governing direction of movement or turning in specified directions.
C. The exemptions herein granted to an authorized emergency vehicle shall apply only
when the driver of any such vehicle, while in motion, sounds audible signal by bell, siren or
exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at
least one lighted lamp displaying a red light visible under normal atmospheric conditions from
a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red
light visible from in front of the vehicle.
Page 291 of 924
D. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of his reckless disregard for the safety of others.
(Prior code, § 11.04.140; Code ????, § 10.08.120)
10.08.130 Unattended vehicle--Brakes to be set and engines stopped.
No person having control or charge of a motor vehicle shall allow such vehicle to stand on any
street unattended without first setting the brakes thereon and stopping the motor of the
vehicle, and when standing upon a perceptible grade, without turning the wheels of such
vehicle to the curb or the side of the street or highway.
(Prior code, § 11.04.405(e); Code ????, § 10.08.130)
10.08.140 Starting parked vehicles--Right-of-way.
A. No person shall start a vehicle which is stopped, standing or parked unless such
movement can be made with reasonable safety.
B. Any person starting a vehicle from a parallel parked position at the curb or edge of a roadway, before making such movement, shall yield the right-of-way to all vehicles which are
approaching so closely as to constitute an immediate hazard, but the driver, having so yielded and having given a signal as required by this title for a left-turn movement, may proceed from
said parked position into the nearest lane for moving traffic, and the drivers of all other
vehicles approaching and proceeding in the same direction shall yield the right-of-way to such
vehicle.
C. Any person backing a vehicle from a parked position at the curb or edge of a roadway,
before making such movement, shall yield the right-of-way to all vehicles which are approaching so closely as to constitute an immediate hazard, but the driver, having so yielded,
may proceed from the parked position into the nearest lane for moving traffic, and the drivers
of all other vehicles approaching and proceeding in the same direction shall yield the right-of-
way to such vehicle.
(Prior code, § 11.04.320; Code ????, § 10.08.140)
10.08.150 Unobstructed view while driving required.
A. It is unlawful for the operator of any vehicle to drive the same when such vehicle is so
loaded or when there are in the front seat of such vehicle such number of persons as to
obstruct the view of the operator to the front or sides, or to interfere with the operator's
control over the driving mechanism of the vehicle.
B. It is unlawful for any passenger in a vehicle to ride in such a position as to interfere
with the operator's view ahead, or to the sides, or to interfere with the operator's control over the driving mechanism of the vehicle.
C. It is unlawful for the operator of any vehicle to drive the same when such vehicle is
equipped with cardboard or other opaque material as a substitute for window glass, or when
the windshield or windows are so covered with frost, snow, ice, dirt or mud as to obstruct the
view of the operator to the front, sides or rear thereof.
(Prior code, § 11.04.400; Code ????, § 10.08.150)
Page 292 of 924
10.08.160 Processions--Procedures for drivers.
Each driver in a funeral or other procession shall drive as near to the righthand edge of the
roadway as practical, and shall follow the vehicle ahead as closely as is practical and safe.
(Prior code, § 11.04.310; Code ????, § 10.08.160)
10.08.170 Processions--Driving between vehicles prohibited when.
No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized
procession while they are in motion and when such vehicles are conspicuously designated as
required in this chapter. This provision shall not apply at intersections where the traffic is controlled by traffic control signals or police officers.
(Prior code, § 11.04.305; Code ????, § 10.08.170)
10.08.180 Driving through safety zones prohibited.
No vehicle shall at any time be driven through or within a safety zone when occupied by a
pedestrian.
(Prior code, § 11.04.325; Code ????, § 10.08.180)
10.08.190 Following fire apparatus prohibited.
The driver of any vehicle other than one on official business shall not follow any fire apparatus
traveling in response to a fire alarm closer than two hundred feet, or drive into or park such
vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(Prior code, § 11.04.295; Code ????, § 10.08.190)
10.08.200 Crossing fire hose prohibited--Exception.
No vehicle shall be driven over any unprotected hose of the fire department when laid down on
any street, private driveway or railway track, to be used at any fire or alarm of fire, without
the consent of the fire department official in command.
(Prior code, § 11.04.300; Code ????, § 10.08.200)
10.08.220 Excessive noise or smoke prohibited.
A. No person shall drive a motor vehicle on a street unless such motor vehicle is equipped
with a muffler in good working order and in constant operation to prevent excessive or
unusual noise and annoying smoke.
B. It is unlawful to use a muffler cutout on any motor vehicle on a street.
(Prior code, § 11.04.405 (c)(1), (2); Code ????, § 10.08.220)
10.08.230 Riding restrictions for drivers and passengers.
No person shall ride on any vehicle, nor shall any driver or operator permit riding on any
vehicle upon any portion thereof not designed or intended for the use of passengers, and no
person operating a motorcycle, motor-driven cycle or bicycle shall ride other than upon the
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permanent and regular seat attached thereto or carry any other person nor shall any other
person ride other than upon a firmly attached seat to the rear or side of the operator. This
provision shall not apply to an employee engaged in the necessary discharge of a duty, or to
persons riding within a truck body in space intended for merchandise.
(Prior code, § 11.04.375; Code ????, § 10.08.230)
10.08.240 Driving on sidewalks prohibited--Exceptions.
The driver of a vehicle shall not drive within any sidewalk area except at a permanent or
temporary driveway, except authorized vehicles of the city engaged in rendering public
services.
(Prior code, § 11.04.315; Code ????, § 10.08.240)
10.08.250 Driving vehicles with leaking loads prohibited.
No vehicle shall be driven or moved on any street unless such vehicle is so constructed or
loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping
therefrom.
(Prior code, § 11.04.405 (c)(3) ; Code ????, § 10.08.050)
10.08.260 Red or green lights in front of vehicle prohibited--Exceptions.
It is unlawful for any person to drive or move any vehicle upon a highway with any red or
green light thereon visible from directly in front thereof. This section shall not apply to police
or fire department or fire patrol vehicles, nor to any vehicles required or permitted by state
law or regulation to display small red or green clearance lamps on the front.
(Prior code, § 11.04.405(d); Code ????, § 10.08.260)
10.08.270 Careless driving prohibited--Penalty.
A. A person operating or driving a vehicle of any character on the ways of the city open to
the public shall drive it in a careful and prudent manner so as not to unduly or unreasonably
endanger the life, limb, property or other rights of a person entitled to the use of the way.
B. Any person who violates this section shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount of not less than twenty-five dollars or more than five hundred dollars.
(Code ????, § 10.08.270; Ord. No. 1179 § 2, 1985)
10.08.272 Legislative intent.169
It is the intent of the city commission that the criminal offense listed in Section 10.08.270 be
an offense involving absolute liability. This offense shall not require proof of any one of the mental states described in subsections (33), (37), and (58) of Section 45-2-101, M.C.A.
(Code ????, § 10.08.272; Ord. No. 1179 § 3, 1985)
10.08.280 Reckless driving prohibited--Penalty for violation.
169 This section was repealed by Ord. No. 1616. Was that the intent?
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A. Any person who drives any vehicle in wilful or wanton disregard for the safety of
persons or property is guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished upon a first conviction by
imprisonment for a period of not more than ninety days, or by fine not exceeding three hundred dollars, or by both such fine and imprisonment, and on a second or subsequent
conviction shall be punished by imprisonment for not less than ten days nor more than six
months, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.
(Prior code, § 11.04.374; Code ????, § 10.08.280)
Chapter 10.10
RED LIGHT CIVIL ENFORCEMENT AND AUTOMATED TRAFFIC SIGNAL
CAMERA PROGRAM
Sections:
10.10.310 Definitions 10.10.320 Traffic Control Signal Legend
10.10.330 Enforcement Procedures 10.10.340 Imposition of Civil Penalty for Municipal Infraction
10.10.350 Civil Action Hearing
10.10.360 Order
10.10.370 Effect of Liability
10.10.380 Real time monitoring and recorded data use
10.10.390 Fund Control
10.10.310 Definitions.
In this section:
1) Action -- A special proceeding of a civil nature.
2) Approach -- One specific location of an intersection where a photographic Traffic Signal Enforcement System will be used to monitor when drivers of vehicles fail to obey red "stop"
signals.
1703) Authorized emergency vehicle - a vehicle of a governmental or volunteer fire
agency, emergency vehicles of municipal departments or public utilities that are designated or
authorized as emergency vehicles, ambulance or a vehicle used in the service of any law enforcement agency.
4) Department - the Police Department of the City of Bozeman, Montana.
170 Compare to Code § 10.04.020:
1. "Authorized emergency vehicle" means vehicles of the fire department, police vehicles,
and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the director of public safety.
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1715) Highway - the entire width between the boundary lines of every publicly maintained
way when any part of the publicly maintained way is open to the use of the public for purposes
of vehicular travel.
1726) Intersection - the area embraced within the prolongation or connection of the lateral
curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which
vehicles traveling upon different highways joining at any other angle may come in conflict.
1737) Motor Vehicle - a vehicle propelled by its own power and designed or used to
transport persons or property upon the highways of the State; and a quadricycle if it equipped
for use on the highways of the State.
8) Municipal Infraction -- a civil offense punishable by a civil penalty of not more than
$300 for each violation.
9) Owner - the owner of a motor vehicle as shown on the motor vehicle registration
records of the Motor Vehicle Division, Montana Department of Justice (MTDMV-DOJ) or the
analogous department or agency of another state.
10) Photographic Traffic Signal Enforcement System - a system that:
a) is a device with one or more motor vehicle sensors working in conjunction with a red
light signal to produce recorded images and recorded video of motor vehicles entering an
intersection against a red signal indication in violation of Section 10.10.320 of this Chapter;
and
b) at least three of the recorded images consisting of:
i) A first image that will clearly show the system location including all pertinent lanes of
traffic, the traffic control signal, pertinent traffic control signs and the offending vehicle prior to
entering the intersection with its front tires before the stop mark line while the red phase of
the traffic control signal is clearly illuminated and visible.
ii) A second image that will clearly show the progression of the violation and system location including all pertinent lanes of traffic, the traffic control signal, pertinent traffic control
signs and the offending vehicle after entering the intersection while the red phase of the traffic
control signal is clearly illuminated and visible
iii) A third image that will clearly show a close-up or zoomed image of the license plate
171 Compare to Code § 10.04.020:
28. "Street" or "highway" means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular travel, including avenues and alleys.
172 Covered by Code § 10.04.020. 173 Compare to Code § 10.04.020:
12. "Motor vehicle" means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
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attached to the rear of the motor vehicle.
c) the recorded video consists of:
i) an approximate twelve second recorded video of the system location and each
municipal infraction that occurs clearly showing the full movement of the offending vehicle thru the infraction that was captured in the still images.
9) Recorded Image - an image recorded by a photographic traffic monitoring system
automatically recorded on a photograph or digital image.
11) Recorded Video - video footage recorded by a photographic traffic monitoring system
automatically recorded in a digital manner.
12) Recorded Data -- any combination of recorded image(s) or recorded video that has
been recorded in a digital manner.
13) Stop Mark Line -- Painted line on an intersection approach indicating to drivers of
motor vehicles the final location to stop for a red traffic signal.
12) System Location - the approach to an intersection toward which a photographic traffic
monitoring system is directed and in operation.
17413) Traffic-Control Signal - a device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop, reduce speed or proceed
through an intersection.
(Ord. No. 1752, § 1, 10.10.310, 1-12-2009)
10.10.320 Traffic Control Signal Legend
Except for lane use control signals and special pedestrian control signals carrying a legend,
whenever traffic is controlled by traffic control signals exhibiting different colored lights or
colored lighted arrows successively one at a time or in combination, only the colors green, red,
and yellow may be used. The lights indicate and apply to drivers of vehicles as follows:
1) GREEN SIGNAL
a) Vehicular traffic facing a circular green signal may proceed straight through or turn left
or right unless a traffic control device at the approach of an intersection prohibits either turn.
However, vehicular traffic, including vehicles turning right or left, must yield the right-of-way
to other vehicles or pedestrians lawfully within the intersection at the time the signal is
exhibited.
b) Vehicular traffic facing a green arrow signal shown alone or in combination with another indication may cautiously enter the approach of an intersection only to make either the
movement indicated by the arrow or another movement permitted by another indication
shown simultaneously. Vehicular traffic executing the movements permitted by this subsection
174 Compare to Code § 10.04.020:
31. "Traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
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must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other
traffic lawfully using the intersection.
2) YELLOW SIGNAL
a) Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the traffic movement permitted by the related green signal is being terminated or that a red signal
will be exhibited immediately thereafter. Vehicular traffic may not enter the intersection when
the red signal is exhibited after the yellow signal.
3) RED SIGNAL
a) Vehicular traffic facing a steady circular red signal must stop at a marked stop bar. If there is not a marked stop bar, vehicular traffic must stop before entering the crosswalk on the
near side of the intersection. If there is not a marked crosswalk, vehicular traffic must stop
before entering the intersection and, except as provided in subsection 3(c), must remain
standing until an indication to proceed is shown.
b) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make
the movement indicated by the arrow and must stop at a marked stop line unless the traffic is entering the intersection to make a movement indicated by another signal. If there is not a
marked stop line, vehicular traffic must stop before entering the crosswalk on the near side of
the intersection. If there is not a marked crosswalk, vehicular traffic must stop before entering
the intersection and must remain standing until an indication is shown that permits
movement.
c) Except when a traffic control device is in place that prohibits a turn, vehicular traffic facing a steady circular red signal may cautiously enter the intersection to turn right after
stopping as required under subsection 3)b).
4) Failure to comply with Provisions listed in Section 10.10.320 shall be considered a
Municipal Infraction as defined in Section 10.10.310 of this Chapter.
(Ord. No. 1752, § 1, 10.10.320, 1-12-2009)
10.10.330 Enforcement procedures
A. Automated Red Light Camera Enforcement.
1) The Department may enforce and administer this ordinance, or any parts thereof,
through one or more contractors. The actions which can be used to enforce the issuing of a
municipal infraction, payment of the civil penalty and related fees may consist of, but are not
limited to, reporting the debt to collection agencies/credit reporting agencies, and/or initiating civil actions for collection.
2) In order to impose a civil penalty under this article, the Department itself, or through
one or more contractors, shall mail by depositing in the U.S. mail with sufficient postage a
notice of municipal infraction to the owner of the motor vehicle liable for the civil penalty not
later than the 30th day after the date the violation is alleged to have occurred to:
a) the owner's address as shown on the registration records of the MTDMV-DOJ; or
b) if the vehicle is registered in another state, the owner's address as shown on the motor
Page 298 of 924
vehicle registration records of the department or agency of the other state analogous to the
MTDMV-DOJ.
c) A notice of Municipal Infraction issued under this section shall contain the following:
(1) a description of the Municipal Infraction alleged;
(2) the license number and issuing state of the motor vehicle involved in the Municipal
Infraction;
(3) the name and address of owner of the motor vehicle involved in the Municipal Infraction;
(4) the date, time and location of the Municipal Infraction;
(5) a copy of a recorded image of the vehicle involved in the Municipal Infraction;
(6) notice of internet web access and password to view recorded video of the Municipal
Infraction;
(7) the amount of the civil penalty to be imposed for the Municipal Infraction;
(8) the date by which the civil penalty must be paid;
(9) a statement that the person named in the notice of Municipal Infraction may pay the
civil penalty in lieu of appearing at a civil action hearing;
(10) information that informs the person named in the notice of Municipal Infraction:
i) of the right to contest the imposition of the civil penalty in a civil action hearing;
ii) of the manner and time in which to contest the imposition of the civil penalty; and
iii) that failure to pay the civil penalty or to contest liability is an admission of liability; and
(11) a statement that a recorded image and recorded video is evidence in a proceeding for the imposition of a civil penalty;
(12) that payment in full is due no later than on the 25th day after the date of the notice,
unless the Municipal Infraction is contested in accordance with Section 10.10.350;
(13) any other information deemed necessary by the department.
3) A notice of Municipal Infraction under this section is presumed to have been received on
the 5th day after the date the notice of Municipal Infraction is mailed.
4) In lieu of issuing a notice of Municipal Infraction, the Department may mail a warning
notice to the owner.
5) In lieu of mailing the notice of Municipal Infraction, the Department may cause to be personally served upon the owner of the motor vehicle liable for the civil penalty or the person
nominated by the vehicle owner as the party responsible for the Municipal Infraction notice of
the Municipal Infraction. Personal service may be performed by any person over the age of 18
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years. The process server shall complete a return of service for each notice of Municipal
Infraction served indicating the date, time, location and name of the person served. All costs
of personal service shall be recoverable upon conviction of the Municipal Infraction. Personal
service may be made within or without the state of Montana.
B. Criminal and Civil enforcement by Police Officer.
This ordinance does not abrogate or impair enforcement of existing traffic laws by a police
officer for a violation committed in the officer's presence, or as the result of a traffic crash
investigated by the officer. Specifically, if a police officer personally and contemporaneously
observes a red light violation, or has evidence from a crash investigation that a red light violation has occurred by a driver, the police officer may issue a criminal citation under state
law or the Bozeman Traffic Code or a Notice of Municipal Infraction pursuant to this chapter.
a) A Notice of Municipal Infraction issued under this section shall contain the following:
(1) a description of the Municipal Infraction alleged;
(2) the license number and issuing state of the motor vehicle involved in the Municipal
Infraction;
(3) the name and address of the driver of the motor vehicle involved in the Municipal
Infraction;
(4) the date, time and location of the Municipal Infraction;
(5) the amount of the civil penalty to be imposed for the Municipal Infraction;
(6) the date by which the civil penalty must be paid;
(7) a statement that the person named in the notice of Municipal Infraction may pay the
civil penalty in lieu of appearing at a civil action hearing;
(8) information that informs the person named in the notice of Municipal Infraction:
iv) of the right to contest the imposition of the civil penalty in a civil action hearing;
v) of the manner and time in which to contest the imposition of the civil penalty; and
vi) that failure to pay the civil penalty or to contest liability is an admission of liability; and
(9) that payment in full is due no later than on the 25th day after the date of the notice,
unless the Municipal Infraction is contested in accordance with Section 10.10.350;
(10) any other information deemed necessary by the department.
(Ord. No. 1752, § 1, 10.10.330, 1-12-2009)
10.10.340 Imposition of Civil Penalty for Municipal Infraction
A. Automated Red Light Camera Enforcement.
1) Except as provided in Section 10.10.350 below, the owner of a motor vehicle, who was
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the owner of that vehicle at the date and time of the violation, is accountable for a municipal
infraction occurring involving the owner's vehicle and is liable for a civil penalty of not less
than One Hundred Thirty-Five ($135), nor more than Three Hundred Dollars ($300), if the
motor vehicle proceeds into an intersection at a System Location at a time when the traffic
control signal for that motor vehicle's lane and direction of travel is emitting a steady red
signal or in violation of Section 10.10.320 of this chapter.
B. Civil enforcement by Police Officer.
1) The driver of a motor vehicle who has received a Notice of Municipal Infraction by a
Police Officer and who was the driver of a vehicle at the date and time of a violation, is accountable for a municipal infraction occurring involving the owner's vehicle and is liable for a
civil penalty of not less than One Hundred Thirty-Five ($135), nor more than Three Hundred Dollars ($300), if the motor vehicle proceeds into an intersection at a System Location at a
time when the traffic control signal for that motor vehicle's lane and direction of travel is
emitting a steady red signal or in violation of Section 10.10.320 of this chapter.
(Ord. No. 1752, § 1, 10.10.340, 1-12-2009)
10.10.350 Civil Action Hearing
1) A person who receives notice of violation may contest the imposition of the civil penalty by requesting in writing a civil action hearing of the civil penalty. Such a written request for a
civil action hearing must be post-marked and mailed within twenty (20) days after the receipt
of the notice of Municipal Infraction, which must be received by the Department no later than
the 25th day after the date on the notice of Municipal Infraction. Upon receipt of a timely
request, the Department shall notify the person of the date, time and location of the civil
action hearing. The civil action hearing shall be held before a City of Bozeman Municipal Court
Judge, or designee.
2) Failure to pay a civil penalty or to contest liability in within timelines established by this
chapter is an admission of liability in the full amount of the civil penalty assessed in the notice
of Municipal Infraction, and is a waiver of the right to contest or appeal the notice of Municipal
Infraction.
3) The civil penalty shall not be assessed if, after a hearing, the Municipal Court Judge, or designee, enters a finding of no liability.
4) In a civil action hearing, the issues must be proved at the hearing by a preponderance
of the evidence. The reliability of the photographic traffic signal enforcement system used to
produce the recorded image or recorded video of the violation may be attested to in a civil
action hearing by affidavit of an officer or employee of this City or the entity with which the
City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a
violation based on an inspection of the pertinent recorded image and recorded video, is
admissible in a proceeding under this chapter and is evidence of the facts contained in the
affidavit.
5) A person who is found liable after a civil action hearing or who requests a civil action
hearing and thereafter fails to appear at the time and place of the hearing may be held liable
for actual hearing costs in accordance with Montana Code Annotated 25-10-201 together with
all actual costs of service of the notice of the Municipal Infraction either by mail or personal service. A person who is found liable for a civil penalty after a civil action hearing, or who fails
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to appear, shall pay the civil penalty together with hearing and service costs within 15 days of
the hearing.
6) If at the time of the Municipal Infraction, issued pursuant to section 10.10.330 A.
Automated Red Light Camera Enforcement, of this Chapter, the motor vehicle was in the care,
custody or control of another person, the owner may either accept responsibility or identify the driver so the contractor can send a Notice of Municipal Infraction to the driver. The department
may send, or cause a contractor to send, a new Municipal Infraction Notice to the nominee.
The effective date of the Notice of Municipal Infraction sent to the nominee is the day notice is
issued to the nominee as indicated on the face of the new Municipal Infraction Notice. If the
nominee appeals denying he or she was the driver or defaults, the City may proceed against the registered owner by issuing a subsequent Municipal Infraction Notice to the owner with the
effective date being the date so indicated on the face of the subsequent Municipal Infraction Notice. If the City cannot assert jurisdiction over the nominee, the owner is responsible,
subject to the remaining defenses available in this article. Any owner who admits a certificate
does so under penalty of perjury or any other applicable penalties if any information contained
therein is knowingly false. Without limitation on the foregoing, nomination may be used when:
a) The owner was not driving the vehicle at the time of the Municipal Infraction.
b) The owner is the United States of America, State of Montana, County of Gallatin, City of
Bozeman or other governmental entity that owns a vehicle that was being driven by a natural
person who was the employee, contractor or agent of the governmental entity at the time of
the alleged Municipal Infraction.
c) The owner is a place of business, corporation or other non-natural entity that owns a
vehicle that was being driven by a natural person who was the employee, contractor or agent of the business, corporation or other non-natural entity at the time of the alleged Municipal
Infraction.
d) The owner is an automobile rental business, automobile dealership or other business
entity that, in the ordinary course of business, leases vehicles to others and the lessee was
driving the vehicle at the time of the alleged Municipal Infraction.
7) It shall be an affirmative defense to the imposition of civil liability under this chapter, to
be proven by a preponderance of the evidence, that:
a) the traffic-control signal was not in proper position and sufficiently legible to an
ordinarily observant person;
b) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer;
c) the operator of the motor vehicle violated the instructions of the traffic-control signal so
as to yield the right-of-way to an immediately approaching authorized emergency vehicle or as
part of a funeral procession;
d) the motor vehicle was being operated as an authorized emergency vehicle and that the
operator was acting in compliance with state statutes in operation thereof;
e) the motor vehicle was a stolen vehicle and being operated by a person other than the
owner of the vehicle without the effective consent of the owner;
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(1) To demonstrate that the motor vehicle was stolen before the violation occurred and was
not under the control or possession of the owner at the time of the Municipal Infraction, the
owner must submit proof that a report concerning the stolen motor vehicle was filed with a
law enforcement agency.
f) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on the motor vehicle other than the motor vehicle for which the plate had
been issued; or
(1) To demonstrate that the motor vehicle registration plates were stolen before the
violation occurred and the plates were not under the control or possession of the owner at the time of the Municipal Infraction, the owner must submit proof that a report concerning the
stolen motor vehicle registration plates was filed with a law enforcement agency.
(Ord. No. 1752, § 1, 10.10.350, 1-12-2009)
10.10.360 Order
1) The Municipal Court Judge at any civil action hearing under this article shall issue an
order stating:
a) whether the person charged with the Municipal Infraction is liable for the Municipal Infraction; and
b) if liable, the amount of any civil penalty, late penalty, and actual civil action hearing
costs assessed against the person. Upon full satisfaction of penalties and costs, the
department shall file a notice of full satisfaction with the Municipal Court.
2) The orders issued under subsection (a) may be filed with the Department. The Department shall keep the orders in a separate index and file. The orders may be recorded
using electronic or magnetic means.
(Ord. No. 1752, § 1, 10.10.360, 1-12-2009)
10.10.370 Effect of Liability
1) The imposition of civil penalty under this article is not a criminal conviction for any
purpose, and is not reflected on the owner's permanent driving record.
2) A civil penalty may not be imposed under this chapter on the owner of a motor vehicle
if the operator of the vehicle was arrested or was issued a criminal or civil citation by a law
enforcement officer for the same violation, or in which the red-light violation was part of a
separate criminal or civil citation, such as, but not limited to, careless driving, reckless driving or similar violations.
3) An owner who fails to pay the civil penalty or to contest liability for the penalty, in
accordance with timelines established in this chapter, is considered to admit liability for the full
amount of the civil penalty stated in the Municipal Infraction Notice.
4) The City Attorney, or designee, is authorized to file suit to enforce collection of a civil
penalty imposed under this article. In addition to the amount of the civil penalty collected,
reasonable attorney's fees and court costs incurred in enforcing the collection shall be recoverable in that action.
Page 303 of 924
(Ord. No. 1752, § 1, 10.10.370, 1-12-2009)
10.10.380 Real time monitoring and recorded data use
A. Real time monitoring
1) Law Enforcement Officials and 9-1-1 Dispatch operators shall be allowed the use of real-time monitoring of intersections where photographic traffic signal enforcement system is
operating:
a. To allow for immediate viewing of an intersection where an emergency has occurred to
allow for first responder assessment.
b. To allow for immediate viewing of intersections to help in the investigation of serious traffic incidents or serious criminal acts.
B. Recorded data use
1) Law Enforcement Officials shall be allowed the use of recorded data from photographic traffic signal enforcement systems:
a. To use as evidence to support a Notice of Municipal Infraction issued pursuant to this
chapter.
b. To use as evidence to support the investigation by law enforcement of serious traffic
incidents, crash investigations, and/or serious criminal acts.
c. To use as evidence to support a criminal citation or request for prosecution related to serious traffic incidents, crash investigations and/or serious criminal acts.
(Ord. No. 1752, § 1, 10.10.380, 1-12-2009)
10.10.390 Fund Control
A. The penalties, fines, and fees collected from the imposition of civil liability under this article shall be deposited into a separate fund account hereby established. This program and
fund is established with a focus on ensuring the costs of the program are covered first by funds received and that any excess funds received are spent in a manner directed specifically
by the Bozeman City Commission.
1) Operational funds - funds deposited into this account shall be expended first for the
costs of the system. These costs include:
a. Costs related to contracted services for the program.
b. Costs related to non-contracted services for the program, such as:
i. Public relations or public education.
ii. General program implementation
iii. City of Bozeman direct costs related to the program.
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2) Remaining funds -- funds deposited in excess of those required for operational costs
shall, by resolution, be used as directed by the Bozeman City Commission.
(Ord. No. 1752, § 1, 10.10.390, 1-12-2009)
Chapter 10.12
TURNING MOVEMENTS
Sections:
10.12.010 Turning at intersections--Position and method.
10.12.020 Signals required for turning.
10.12.030 Hand and arm signals described. 10.12.040 Mechanical signaling devices required when.
10.12.050 Turning markers--Placement authorized--Driver obedience required. 10.12.060 Restricted right, left or U turns--Signs authorized.
10.12.070 No-turn signs--Driver obedience required.
10.12.080 Turning around--Restrictions.
10.12.010 Turning at intersections--Position and method.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
A. Both the approach for a right turn and a right turn shall be made as close as practical to
the righthand curb or edge of the roadway.
B. Approach for a lefthand turn shall be made in that portion of the right half of the
roadway nearest the centerline thereof, and after entering the intersection the left turn shall
be made so as to leave the intersection to the right of the centerline of the roadway being entered.
C. Approach for a left turn from a two-way street into a one-way street shall be made in
that portion of the right half of the roadway nearest the centerline thereof and by passing to
the right of such centerline where it enters the intersection. A left turn from a one-way street
into a two-way street shall be made by passing to the right of the centerline of the street
being entered upon leaving the intersection.
D. Where both streets or roadways are one-way, both the approach for a left turn and a
left turn shall be made as close as practicable to the lefthand curb or edge of the roadway.
(Prior code, § 11.04.205; Code ????, § 10.12.010)
10.12.020 Signals required for turning.
A. The operator of any vehicle upon a highway, street or roadway, before starting, stopping, turning from a direct line or moving out from a parking place, shall first see that
such movement can be made in safety, and whenever the safety of any pedestrian or the
operation of any other vehicle may be affected by such movement, shall give a signal as
required in this section, plainly visible to the driver of such other vehicle of the intention to
make such movement.
B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
Page 305 of 924
C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an
appropriate signal in the manner provided herein to the driver of any vehicle immediately to
the rear when there is opportunity to give such signal.
D. Signals by Hand and Arm or Signal Device. Any stop or turn signal, when required in
this title, shall be given either by means of the hand and arm, or by a signal lamp or lamps or mechanical signal-device of a type approved by the police department, but when a vehicle is
so constructed or loaded that a hand and arm signal would not be visible both to the front and
rear of such vehicle then said signals must be given by such a lamp or lamps or signal device.
E. For the method of giving hand and arm signals, see Section 10.12.030.
(Prior code, § 11.04.365; Code ????, § 10.12.020)
10.12.030 Hand and arm signals described.
All signals required in this title given by hand and arm shall be given from the left side of the
vehicle in the following manner, and such signals shall indicate as follows:
A. Left turn: hand and arm extended horizontally.
B. Right turn: hand and arm extended upward.
C. Stop or decrease speed: hand and arm extended downward.
(Prior code, § 11.04.210; Code ????, § 10.12.030)
10.12.040 Mechanical signaling devices required when.
Any stop or turn signal, when required in this title, shall be given either by means of the hand
and arm or by a signal lamp or lamps or mechanical signal-device of a type approved by the police department, but when a vehicle is so constructed or loaded that a hand and arm signal
would not be visible both to the front and rear of such vehicle, then the signals must be given
by such a lamp or lamps or signal device.
(Prior code, § 11.04.215; Code ????, § 10.12.040)
10.12.050 Turning markers--Placement authorized--Driver obedience required.
A. The director of public safety is authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such
intersections, and such course to be traveled as so indicated may conform to or be other than
as prescribed by law or ordinance.
B. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of a vehicle shall
disobey the directions of such indications.
(Prior code, § 11.04.220; Code ????, § 10.12.050)
10.12.060 Restricted right, left or U turns--Signs authorized.
The director of public safety is authorized to determine those intersections at which drivers of
vehicles shall not make a right, left or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day
Page 306 of 924
and permitted at other hours, in which event the same shall be plainly indicated on the signs,
or they may be removed when such turns are permitted.
(Prior code, § 11.04.225; Code ????, § 10.12.060)
10.12.070 No-turn signs--Driver obedience required.
Whenever authorized signs are erected indicating that no right or left or U turn is permitted, no driver of a vehicle shall disobey the directions of any such sign.
(Prior code, § 11.04.230; Code ????, § 10.12.070)
10.12.080 Turning around--Restrictions.
The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in the main business district, and shall not upon any other street so turn a
vehicle unless such movement can be made in safety and without interfering with other traffic.
(Prior code, § 11.04.235; Code ????, § 10.12.080)
Chapter 10.16
TRAFFIC-CONTROL DEVICES
Sections:
10.16.010 Installation--Director of public safety authority.
10.16.020 Manual and specifications for official devices.
10.16.030 Driver obedience required--Exceptions.
10.16.040 Traffic-control signals described--Effect.
10.16.050 Pedestrian walk and wait signals.
10.16.060 Flashing red or yellow signals. 10.16.070 Traffic lanes, crosswalks and safety zones--Designation authorized
when.
10.16.080 Unauthorized signs, signals or markings described--Public nuisance--
Removal.
10.16.090 Interference with traffic controls or railroad signals prohibited.
10.16.010 Installation--Director of public safety authority.
The director of public safety shall place and maintain traffic-control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions
of such ordinances, and may place and maintain such additional traffic-control devices as he
may deem necessary to regulate traffic under the traffic ordinances of this city or under state
law, or to guide or warn traffic.
(Prior code, § 11.04.145; Code ????, § 10.16.010)
10.16.020 Manual and specifications for official devices.
All traffic-control signs, signals and devices shall conform to the manual and specifications
approved by the city commission. All sign and signals required under this title for a particular
purpose shall so far as practicable be uniform as to type and location throughout the city. All
traffic-control devices so erected and not inconsistent with the provisions of state law or this
chapter shall be official traffic-control devices.
(Prior code, § 11.04.150; Code ????, § 10.16.020)
Page 307 of 924
10.16.030 Driver obedience required--Exceptions.
The driver of any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the traffic ordinances of this city, unless otherwise
directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(Prior code, § 11.04.155; Code ????, § 10.16.030)
10.16.040 Traffic-control signals described--Effect.
A. Whenever traffic is controlled by traffic-control signals exhibiting the words "go," "caution" or "stop," or exhibiting different colored lights successively one at a time, or with
arrows, the following colors only shall be used, and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green Alone or "Go."
a. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn; but vehicular traffic, including vehicles
turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
b. Pedestrians facing the signal may proceed across the roadway within any marked or
unmarked crosswalk.
2. Yellow Alone or "Caution" When Shown Following the Green or "Go" Signal.
a. Vehicular traffic facing the signal is thereby warned that the red or "stop" signal will be
exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the
intersection when the red or "stop" signal is exhibited.
b. Pedestrians facing such signal are thereby advised that there is insufficient time to
cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all
vehicles.
3. Red Alone or "Stop." Vehicular traffic facing the signal shall stop before entering the
crosswalk on the near side of the intersection or, if none, then before entering the intersection,
and shall remain standing until green or "go" is shown alone.
B. In the event an official traffic-control signal is erected and maintained at a place other
than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a
sign or marking on the pavement indicating where the stop shall be made, but in the absence
of any such sign or marking the stop shall be made at the signal.
(Prior code, § 11.04.160; Code ????, § 10.16.040)
10.16.050 Pedestrian walk and wait signals.
Whenever special pedestrian-control signals exhibiting the words "walk" or "wait" are in place, such signals shall indicate as follows:
Page 308 of 924
A. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of
the signal, and shall be given the right-of-way by the drivers of all vehicles.
B. Wait. No pedestrian shall start to cross the roadway in the direction of such signal, but
any pedestrian who has partially completed his crossing on the walk signal shall proceed to a
sidewalk or safety zone while the wait signal is showing.
(Prior code, § 11.04.165; Code ????, § 10.16.050)
10.16.060 Flashing red or yellow signals.
Whenever flashing red or yellow signals are used, they shall require obedience by vehicular
traffic as follows:
A. Flashing Red (Stop Signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection
or at a limit line when marked, or, if none, then before entering the intersection, and the right
to proceed shall be subject to the rules applicable after making a stop at a stop sign.
B. Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such
signal only with caution.
(Prior code, § 11.04.170; Code ????, § 10.16.060)
10.16.070 Traffic lanes, crosswalks, and safety zones--Designation authorized
when.
The director of public safety is authorized:
A. To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is particular danger to
pedestrians crossing the roadway, and at such other places as he may deem necessary;
B. To designate and maintain, by appropriate signs or other marking devices, school
crossing zones;
C. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians;
D. To mark lanes for traffic on street pavements at such places as he may deem advisable,
consistent with the traffic ordinances of the city;
E. When authorized by the city commission and pending adoption of amendments to this
chapter or new ordinances repealing this chapter or parts thereof, to issue orders to change, increase or decrease the streets, zones, public places or other areas described in Schedule I,
Section 10.04.040; Schedule II, Section 10.24.050; Schedule III, Section 10.24.060;
Schedule IV, Section 10.24.070; Schedule V, Section 10.20.020; Schedule VI, Section
10.28.080; Schedule VII, Section 10.32.420; Schedule VIII, Section 10.32.430; and Schedule
IX, Section 10.32.440, and to erect or install such signs, pavement-markings or other devices
as may be required by such orders.
(Prior code, § 11.04.185; Code ????, § 10.16.070)
Page 309 of 924
10.16.080 Unauthorized signs, signals or markings described--Public nuisance--
Removal.
A. No person shall place, maintain or display upon or in view of any street or highway any
unauthorized sign, signal, marking or device which purports to be or is an imitation of or
resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of
any official traffic-control device or any railroad sign or signal, and no person shall place or
maintain, nor shall any public authority permit upon any highway any traffic sign or signal
bearing thereon any commercial advertising. This shall not be deemed to prohibit the erection
upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
B. Every such prohibited sign, signal or marking is declared to be a public nuisance, and
the authority having jurisdiction over the highway is empowered to remove the same or cause
it to be removed without notice.
(Prior code, § 11.04.175; Code ????, § 10.16.080)
10.16.090 Interference with traffic controls or railroad signals prohibited.
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal, or any
inscription, shield or insignia thereon, or any other part thereof.
(Prior code, § 11.04.180; Code ????, § 10.16.090)
Chapter 10.20
ONE-WAY STREETS AND ALLEYS
Sections:
10.20.010 Designation--Sign placement--Traffic movement restricted.
10.20.020 One-way streets designated.
10.20.010 Designation--Sign placement--Traffic movement restricted.
A. Whenever any city ordinance designates any one-way street or alley, the director of public safety shall place and maintain signs giving notice thereof, and no such regulation shall
be effective unless such signs are in place. Signs indicating the direction of lawful traffic
movement shall be placed at every intersection where movement of traffic in the opposite
direction is prohibited.
B. Upon those streets and parts of streets and in those alleys described in Schedule V
attached to the ordinance codified in this section and made a part hereof, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected
and maintained at every intersection where movement in the opposite direction is prohibited.
(Prior code, § 11.04.240; Code ????, § 10.20.010)
10.20.020 One-way streets designated.
In accordance with Section 10.20.010 and when properly signed, traffic shall move only in the
direction indicated upon the following described alley:
Page 310 of 924
1. All that part of the dedicated alley between Main Street and Babcock Street from the
east right-of-way line of Ninth Avenue to the west right-of-way line of Eighth Avenue.
(Prior code, § 11.04.810; Code ????, § 10.20.020; Ord. No. 1231, 1987; Ord. No. 1210, 1986)
Chapter 10.24
SPEED LIMITS
Sections:
10.24.010 Speed regulations--General rule.
10.24.020 Specific speed restriction areas. 10.24.030 Traffic-signal timing and placement.
10.24.040 Quiet zones--Violating restrictions deemed reckless driving. 10.24.050 School speed zones designated--Schedule II.
10.24.060 School crossing zones designated--Schedule III.
10.24.070 Graduated speed zones designated--Schedule IV.
10.24.010 Speed regulations--General rule.
Every person operating or driving a vehicle of any character on a public street or roadway in the city limits shall drive the same in a careful and prudent manner, and at a rate of speed no
greater or less than is reasonable and proper under the conditions existing at the point and
time of operation, taking into account the amount and character of traffic, condition of brakes,
width of vehicle, grade, and width of street or roadway, condition of surface, freedom of
obstruction to view ahead, and all other conditions then existing, and so as not to unduly
endanger the life, limb, property, or other rights of any person entitled to the use of the street
or roadway. (Prior code § 11.04.190)
A. The prima facie speed limits set forth herein may be altered upon the basis of an
engineering and traffic investigation that finds that any prima facie speed set forth in this
Chapter is greater or less than is reasonable or safe under the conditions found to exist at any
intersection or other place or upon any part of a street or highway within the City's
jurisdiction. Such investigation shall be conducted by the City Engineer, or designee, in consultation with the Director of Public Safety -- Police, or designee, and upon concurrence
with the recommendation of the City Engineer, the City Commission shall adopt a Resolution to determine and declare a reasonable and safe prima facie speed limit which shall be effective
when appropriate signs giving notice thereof are erected at such intersections or other place
or part of the street or highway. Upon adoption of such a Resolution, the Resolution shall be
posted in the office of the City Clerk and in such other locations as may be designated by the
City Clerk."
B. It shall be prima facie unlawful for any person to exceed any of the speed limitations set out in this Chapter or in subsequent Commission Resolutions which may be adopted from
time to time as set out in Section 10.24.010.A when such speed limits are properly posted. In
every charge of violation of this Chapter or subsequent Commission Resolution, the complaint
shall specify the speed at which the defendant is alleged to have driven, and the speed
applicable at the time and place of the alleged violation, as posted.
C. The Director of Public Services, together with the Director of Public Safety - Police, and the City Engineer are hereby authorized to establish temporary speed zones, including school
or park zones, after conducting a preliminary visual and engineering review of any proposed
Page 311 of 924
street, school or park location, which may require a temporary designation. Such temporarily
designation, when properly signed, shall be effective at all times until a complete traffic and
engineering study is completed or until the City Commission makes an alternate
determination."
(Prior code, § 11.04.190; Code ????, § 10.24.010; Ord. No. 1758, § 1, 4-20-2009)
10.24.020 Specific speed restriction areas.
A. Subject to the provisions of Section 10.24.010, and except in those instances where a
lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle
to operate the same at a speed not exceeding the following, except in any case when such
speed would be unsafe due to presently existing conditions:
1. The speed limit is twenty-five miles an hour on all streets within the city limits unless otherwise posted.
2. The maximum speed limit is forty miles an hour on any street within the city limits,
unless otherwise posted and as excepted by Section 10.24.020 A.3 of this Chapter.
3. Highways. There are various highways within the City limits of the City of Bozeman over
which the Montana Transportation Commission has authority to establish speed limits. These speed limits are posted by the Montana Department of Transportation as authorized in 61-8-
310, Montana Codes Annotated. It shall be unlawful to operate a motor vehicle at a speed less
than fifteen miles an hour on any through or arterial highway.
4. Intersections. Speed limits at intersections are fifteen miles per hour when:
a) making a right or left hand turn at any intersection of streets;
b) approaching within fifty feet of any intersection of streets when the driver's view is
obstructed. A driver's view shall be deemed to be obstructed when, at any time during the last
fifty feet of the approach to such intersection, the driver does not have a clear and
uninterrupted view of such intersection and of the traffic upon all of the streets entering such
intersection for a distance of two hundred feet from such intersection; and
c) at any uncontrolled intersection;
5. Graduated Speed Zones. There are created in the city graduated speed zones, the limits
of which are more particularly described in Section 10.24.060, wherein it is unlawful for any
operator of any vehicle to drive at a speed greater than the speed stipulated in said section.
As provided in §10.24.010.A, graduated speed zones may be established by the City
Commission by Commission Resolution;
6. Railway Grade Crossings. Speed limit is fifteen miles an hour when approaching within
fifteen feet of a grade crossing of any railway when the driver's view is obstructed. A driver's
view shall be deemed to be obstructed when at any time during the last two hundred feet of
the driver's approach to such crossing the driver does not have a clear and uninterrupted view
of such railway crossing and of any traffic on such railway crossing, and of any traffic on such
railway for a distance of four hundred feet in each direction from such crossing;
7. School Speed Zones. There are created in the city school speed zones, the limits of
which are more particularly described in Section 10.24.030, wherein it is unlawful for any
Page 312 of 924
operator of any vehicle to drive at a speed greater than the speed established in said section
between the hours of eight a.m. and four-thirty p.m. on days or parts of days when school is
in session;
8. Public Park Speed Zones. There are created in the city, park speed zones, the limits of
which are more particularly described in Section 10.24.040, wherein it is unlawful for any operator of any vehicle to drive at a speed greater than the speed established in said section,
between the hours of 8:00 a.m. and 8:00 p.m., on streets immediately adjacent to public
parks, when signs are posted giving notice thereof.
9. Curves, Grades, Alleys and in Cemetery. Speed limit is fifteen miles an hour when traversing or going around curves, or traversing a grade upon a street when the driver's view
is obstructed within a distance of one hundred feet along such street or highway in the direction in which he is proceeding, in all alleys within the city; and within the Sunset Hills
Cemetery.
(Prior code, § 11.04.200(a)--(g), (i), (j); Code ????, § 10.24.020; Ord. No. 1758, § 2, 4-20-
2009)
10.24.030 School Speed Zones Designated.
In accordance with the provisions of subsection A.5 of Section 10.24.020, it is unlawful for any operator of any vehicle to drive at a speed greater than that designated below or as designed
by a Commission Resolution pursuant to Section 10.24.010.A, when such speed limit is
properly posted between the hours of eight a.m. and four-thirty p.m. on days or parts of days
when school is in session, on the streets or parts of streets specified in the following school
speed zones:
Bozeman Senior High School Speed Zone. Speed limit is 15 miles per hour on: All that part of North Eleventh Avenue between West Main Street and a line three hundred feet south of the
south line of Durston Road; and all that part of West Villard Street between a line one hundred
fifty feet east of the east line of North Eleventh Avenue and the east line of North Eleventh
Avenue;
Hawthorne School Speed Zone. Speed limit is 15 miles per hour on: All that part of East
Lamme Street between a line one hundred fifty feet east of the east line of North Church Avenue and a line one hundred fifty feet west of the west line of North Rouse Avenue; all that
part of East Mendenhall Street between a line one hundred fifty feet east of the east line of
North Church Avenue and a line one hundred fifty feet west of the west line of North Rouse
Avenue; all that part of North Church Avenue between a line one hundred fifty feet south of
the south line of East Mendenhall Street and a line one hundred fifty feet north of the north
line of East Lamme Street;
Irving School Speed Zone. Speed limit is 15 miles per hour on: All that part of South Eighth
Avenue between a line one hundred fifty feet south of the south line of West Alderson Street
and a line one hundred fifty feet north of the north line of West Dickerson Street; all that part
of South Ninth Avenue between a line one hundred fifty feet south of the south line of West
Alderson Street and a line one hundred fifty feet north of the north line of West Dickerson
Street; all that part of West Alderson Street between a line one hundred fifty feet east of the
east line of South Eighth Avenue and a line one hundred fifty feet west of the west line of
South Ninth Avenue; all that part of West Dickerson Street between a line one hundred fifty
feet east of the east line of South Eighth Avenue and a line one hundred fifty feet west of the west line of South Ninth Avenue;
Page 313 of 924
Longfellow School Speed Zone. Speed limit is 15 miles per hour on: All that part of Tracy
Avenue between a line twenty feet south of the south line of East Story Street to a line three
hundred twenty feet north of the north line of East College Street; all that part of East
Dickerson Street between the west line of South Tracy Avenue and a line one hundred feet
west of the west line of East Tracy Avenue; all that part of East Story Street one hundred feet east of the east curb line of East Tracy Avenue;
Whittier School Speed Zone. Speed limit is 15 miles per hour on: All that part of West Peach
Street between a line one hundred fifty feet east of the east line of North Fifth Avenue and a
line one hundred fifty feet west of the west line of North Sixth Avenue; all that part of Sixth Avenue between the north line of West Peach Street and a line two hundred feet north of the
north line of West Villard Street; all that part of North Fifth Avenue between a line one hundred fifty feet north of the nroth line of West Peach Street and a line two hundred feet
north of the north line of West Villard Street; all that part of West Short Street between a line
one hundred fifty feet west of the west line of North Sixth Avenue and a line one hundred fifty
feet east of the east line of North Fifth Avenue; all that part of the alley adjacent to and
parallel to the south line of the Whittier School grounds in Block 4 of the Violett Addition;
Willson School/Bridger Alternative High School Speed Zone. Speed limit is 15 miles per hour on: All that part of South Third Avenue between the south line of West Main Street and the
north line of West Babcock Street;
Emily Dickinson School Speed Zone. Speed limit is 15 miles per hour on: All that part of Annie
Street between North 25th Avenue and a line two hundred seventy five feet west of the east
boundary of Brentwood Avenue; all that part of North 25th Avenue between Rogers Way and
the north property line of the school.
Morning Star School Speed Zone. Speed limit is 15 miles per hour on: All that part of Arnold Street between the west line of Westridge Drive to the west line of the school property.
I. Sacagawea Middle School Speed Zone.
1) Speed limit is 15 miles per hour on: All that part of Cambridge Drive from the west line of South Third Avenue to the west line of the school property;
2) Speed limit is 25 miles per hour on all that part of South Third Avenue from 200 feet
north of Cambridge Drive to 200 feet south of Dartmouth Drive during days and times of day
so noted on the changeable speed limit signs installed on South Third Avenue.
J. Chief Joseph Middle School Speed Zone. Speed limit is 15 miles per hour on: All that part of Kimberwicke Street between the west line of Ferguson Avenue and a line 300 feet east
of Arabian Avenue; and all that part of Ferguson Avenue between the south line of Kimberwicke Street and the north line of Cattail Street.
K. Hyalite School Speed Zone. Speed limit is 20 miles per hour on: All that part of West
Babcock Street from 150 feet east of Sheridan Place to 150 feet west of Yellowstone Avenue.
(Ord. No. 1758, § 5, 4-20-2009)
10.24.040 Public Park Speed Zones
In accordance with the provisions of Subsection A.6 of Section 10.24.020, or any applicable
Page 314 of 924
subsequent Commission Resolution, pursuant to Subsection A.3 of Section 10.24.020, it is
unlawful for any operator of any vehicle to drive at a speed greater than fifteen miles per hour
unless otherwise specifically designated between the hours of eight a.m. and eight p.m. on the
streets or parts of streets immediately adjacent to the applicable public parks, as specified in
the following public parks speed zones:
A. Aasheim Fields Park Speed Zone. All that part of Fowler Avenue from the south line of
West Babcock Street to the southern boundary of Aasheim Fields Park.
B. Beall Park Speed Zone. All that part of East Villard Street from the west line of North
Black Avenue to the east line of North Bozeman Avenue; all that part of North Bozeman Avenue from the south line of East Villard Street to the north line of East Short Street; all that
part of East Short Street from the east line of North Bozeman Avenue to the west line of North Black Avenue; all that part of North Black Avenue from the north line of East Short Street to
the south line of East Villard Street.
C. Bogert Park Speed Zone: On South Church Avenue from the north line of Bogert Park to
a point approximately 100 feet south of Bogert Place.
D. Centennial Park Speed Zone. All that part of North Tracy Avenue from Cottonwood Street to the north line of Centennial Park; all that part of Cottonwood Street from the east
line of North Tracy Avenue to the west line of North Grand Avenue; all that part of North Grand
Avenue from the south line of Cottonwood Street to the north line of Centennial Park.
E. Christie Fields Park Speed Zone. All that part of East Mason Street from the west line of
South Black Avenue to the east line of South Rouse Avenue; all that part of South Rouse
Avenue from the south line of East Mason Street to the north line of Christie Field Park; all that part of South Black Avenue from the south line of East Mason Street to the north line of
Christie Field Park.
F. Cooper Park Speed zone. All that part of South Eighth Avenue from a line 150 north of
West Dickerson Street to the south line of West Koch Street.
G. Farmall Street Park Speed Zone. All that part of Farmall Street from the west line of Springbrook Avenue to the east line of Durham Avenue; all that part of Durham Avenue from
the south line of Farmall Street to the north boundary of Farmall Street Park, which is approximately 500 feet north of the south line of Farmall Street; all that part of Springbrook
Avenue from the south line of Farmall Street to the north line of Farmall Street Park; which is
approximately 500 feet north of the south line of Farmall Street.
H. Kirk Park Speed Zone. All that part of West Beall Street from the east line of North 20th Avenue to the west line of Kirk Park; all that part of North 20th Avenue from a point
approximately 300 feet north of the north line of West Main Street to the north line of West Beall Street.
I. Lindley Park Speed Zone. All that part of Buttonwood Avenue from the south line of
East Main Street to the entrance to the Sunset Hills Cemetery; all that part of Cypress Avenue
from the south line of East Main Street to the south line of East Curtiss Street.
J. Meyers Park Speed Zone. All that part of Hanley Avenue from the north line of West Babcock Street to the south line of Brenden Street; all that part of Clifden Drive from the
north line of West Babcock Street to the south line of Brisbin Street; all that part of Cascade
Street between the west line of Hanley Avenue to the east line of Clifden Drive.
Page 315 of 924
K. Oak Springs Subdivision Park Speed Zone. All that part of Jardine Avenue from the
north line of Annie Street to its intersection with Palm Street; all that section of Palm Street
from its intersection with Jardine Avenue to the east line of Yellowstone Avenue; all that part
of Yellowstone Avenue from the south line of Palm Street to the north line of Renova Lane; all
that part of Renova Lane from the east line of Yellowstone Avenue to the west line of Oak Springs Subdivision Park.
L. Westlake BMX Park Speed Zone. All that part of North Fifth Avenue from a line 150 feet
north of Peach Street to the south line of Tamarack Street."
(Ord. No. 1758, § 7, 4-20-2009)
"10.24.050 Graduated speed zones designated.
In accordance with the provisions of sub-section A4 of Section 10.24.020, or any applicable
subsequent Commission Resolution, it is unlawful for any operator of any vehicle to drive at a
speed greater than designated below upon the following streets,
A. West Babcock Street. The speed limit is 30 miles per hour on all that part of West Babcock Street from the west line of West Main Street to the east line of Cottonwood Road.
B. Baxter Lane:
1) The speed limit is 35 miles per hour from the west line of North Seventh Avenue to a
point approximately 1,000 feet west of North Seventh Avenue.
2) The speed limit is 45 miles per hour from a point approximately 1,000 feet west of
North Seventh Avenue to a point approximately 1,200 east of North Nineteenth Avenue;
3) The speed limit is 35 miles per hour from a point approximately 1,200 feet east of
North Nineteenth Avenue to the east line of North Nineteenth Avenue;
4) The speed limit is 30 miles per hour from the western line of North Nineteenth Avenue
to a point approximately 1,100 feet west of North Nineteenth Avenue;
5) The speed limit is 45 miles per hour from a point approximately 1,100 feet west of
North Nineteenth Avenue to a point approximately 1175 feet east of Gallatin Green Boulevard;
6) The speed limit is 40 miles per hour from a point approximately 550 feet east of
Flanders Mill Road west to the city limits.
C. Bozeman Trail Road. The speed limit is 40 miles per hour from the west line of Haggerty Lane to the north line of Kagy Boulevard.
D. Bridger Drive/Bridger Canyon Road.
1) The speed limit is 35 miles per hour from the junction of Bridger Drive; Bridger Canyon
Road with North Rouse Avenue to a point approximately 550 feet east of Story Mill road.
2) The speed limit is 45 miles per hour from a point approximately 550 feet east of Story
Mill Road to a point approximately 600 feet east of Creekwood Drive.
Page 316 of 924
3) The speed limit is 60 miles per hour from a point approximately 600 feet east of
Creekwood Drive east to the city limits.
E. West College Street. The speed limit is 35 miles per hour from the west line of South
Nineteen Avenue to the south line of West Main Street.
F. Cottonwood Road.
1) The speed limit is 40 miles per hour from Durston Road south to a point approximately
100 feet north of Fallon Street.
2) The speed limit is 35 miles per hour from a point approximately 100 feet north of Fallon
Street to Huffine Lane.
3) The speed limit is 40 miles per hour from Huffine Lane south to the city limits.
G. Davis Lane. The speed limit is 35 miles per hour from the north line of West Oak Street
to the south line of East Valley Center Road.
H. Durston Road.
1) The speed limit is 30 miles per hour from the west line of North 7th Avenue to the east
line of Ferguson Avenue. (As this is an Urban route, this speed limit will not be posted (signed)
until the Montana Transportation Commission approves the change)
2) The speed limit is 35 miles per hour from the west line of Ferguson Avenue west to the
City limits.
3) The speed limit is 20 miles per hour during certain hours of school days as signed, from 1250 feet east of North 25th Avenue to 250 feet west of North 25th Avenue.
I. Ferguson Avenue. The speed limit is 35 miles per hour from the north line of Huffine
Lane to the south line of Durston Road.
J. Fowler Avenue. The speed limit is 35 miles per hour from the south line of Huffine Lane
to the north line of Garfield Street.
K. East Frontage Road.
1) The speed limit is 60 miles per hour from the junction of East Frontage Road with North
Seventh Avenue, northwest to city limits.
2) The speed limit is 50 miles per hour from the junction of East Frontage Road with East Main Street, approximately 350 feet east of Haggerty Lane, to a point approximately 100 feet
east of Hospitality Way.
3) The speed limit is 60 miles per hour from a point approximately 100 feet east of
Hospitality Way east to the city limits.
L. Garfield Street. The speed limit is 35 miles per hour from the west line of South Nineteenth Avenue to the south line of Fowler Avenue.
M. Griffin Drive. The speed limit is 35 miles per hour from the east line of North Seventh
Page 317 of 924
Avenue to the west line of North Rouse Avenue.
N. Haggerty Lane.
1) The speed limit is 40 miles per hour from the west line of Bozeman Trail Road to Ellis
Street.
2) The speed limit is 35 miles per hour from Ellis Street northwesterly a distance of
approximately 675 feet.
O. Highland Boulevard. The speed limit is 35 miles per hour from the north line of New Hyalite View Subdivision to a point approximately 225 feet south of East Curtiss Street.
P. Huffine Lane.
1) The speed limit is 45 miles per hour from the junction of Huffine Lane with West Main
Street to a point approximately 260 feet west of Ferguson Avenue.
2) The speed limit is 55 miles per hour from a point approximately 260 feet west of
Ferguson Avenue to a point approximately 850 feet west of Cottonwood Road.
3) The speed limit is 65 miles per hour from a point approximately 1850 feet west of
Cottonwood Road west to the city limits.
Q. Kagy Boulevard.
1) The speed limit is 35 miles per hour from the east line of South Nineteenth Avenue to a point approximately 875 feet east of Highland Boulevard.
2) The speed limit is 40 miles per hour from a point approximately 875 feet east of
Highland Boulevard to Bozeman Trail Road.
R. East Main Street. The speed limit is 40 miles per hour from a point approximately 300
feet east of Cypress Avenue to the junction of East Main Street with East Frontage Road, approximately 350 feet east of Haggerty Lane.
S. West Main Street.
1) The speed limit is 35 miles per hour from a point approximately 320 feet east of North
Fifteenth Avenue to the west line of South 23rd Avenue.
2) The speed limit is 45 miles per hour from the west line of South 23rd Avenue to the
junction of West Main Street with Huffine Lane.
T. Manley Road. The speed limit is 35 miles per hour from the north line of Griffin Drive
north to the city limits.
U. McIllhattan Road. The speed limit is 30 miles per hour from the west line of Story Mill
Road northwest to the city limits.
V. North Nineteenth Avenue.
1) The speed limit is 35 miles per hour from the south line of Durston Road to
Page 318 of 924
approximately 500 feet north of Durston Road.
2) The speed limit is 40 miles per hour from a point approximately 500 feet north of the
south line of Durston Road to Springhill Road.
W. South Nineteeth Avenue.
1) The speed limit is 35 miles per hour from the north line of West Main Street to the
south line of West College Street.
2) The speed limit is 45 miles per hour from the south line of West College Street to the north line of Kagy Boulevard.
3) The speed limit for southbound traffic south of Kagy Boulevard is:
a) 45 miles per hour from Kagy Boulevard to a point approximately 330 feet south of Kagy
Boulevard.
b) 60 miles per hour from a point approximately 330 feet south of Kagy Boulevard south
to the city limits.
4) The speed limit for northbound traffic south of Kagy Boulevard is:
a) 45 miles per hour from Kagy Boulevard to a point approximately 875 feet south of Kagy
Boulevard.
b) 60 miles per hour from a point approximately 1875 feet south of Kagy Boulevard south to the city limits.
X. Oak Street.
1) The speed limit is 35 miles per hour from the west line of North Rouse Avenue to the
east line of North Eleventh Avenue.
2) The speed limit is 45 miles per hour from the east line of North Eleventh Avenue to the
east line of North Nineteenth Avenue.
3) The speed limit is 35 miles per hour from the west line of North Nineteenth Avenue to
the west line of New Holland Drive.
Y. North Rouse Avenue. The speed limit is 35 miles per hour from a point approximately 430 feet north of East Oak Street to the junction of North Rouse Avenue with Bridger Drive.
Z. North Seventh Avenue.
1) The speed limit is 35 miles per hour from a point approximately 380 feet north of
Durston Road to a point approximately 610 feet north of West Oak Street.
2) The speed limit is 45 miles per hour from a point approximately 610 feet north of West
Oak Street to a point approximately 1,720 feet north of Griffin Drive.
3) The speed limit is 60 miles per hour from a point approximately 1,720 feet north of
Griffin Drive to the junction of North Seventh Avenue with East Frontage Road.
Page 319 of 924
AA. Simmental Way. The speed limit is 35 miles per hour from the north line of Baxter Lane
to the terminus of Simmental Way.
BB. Springhill Road. The speed limit is 35 miles per hour from East Frontage Road north to
the city limits.
CC. Story Mill Road. The speed limit is 35 miles per hour from the north line of Bridger Drive
north to the city limits.
DD. South Third Avenue. The speed limit is 35 miles per hour from the south line of Graf Street to the south side of Wagonwheel Road.
EE. East Valley Center Road.
1) The speed limit is 45 miles per hour from North Nineteenth Avenue west a distance of
approximately 2,830 feet.
2) The speed limit is 50 miles per hour from a point approximately 2,830 feet west of
North Nineteenth Avenue to a point approximately 290 feet east of North 27th Avenue.
The speed limit is 60 miles per hour from a point approximately 290 feet east of North 27th
Avenue west to the city limits."
(Ord. No. 1758, § 8, 4-20-2009)
10.24.060 Enforcement -- Penalty for Violation
A. It is a misdemeanor for any person to violate any provision of this chapter.
B. Every person convicted of a misdemeanor for a violation of this chapter shall be
punished by a fine not less than $50 or more than $250, according to the following schedule:
A speed of 0-10 mph over the posted speed limit $50
A speed of 11-20 mph over the posted speed limit $70
A speed of 21-30 mph over the posted speed limit $90 A speed over 30 mph of the posted speed limit $100
School Zones and Park Zones
A speed of 0-10 mph over the posted speed limit $75
A speed of 11-20 mph over the posted speed limit $95
A speed over 20 mph of the posted speed limit $125
C. For a second or subsequent violation of a speed regulation within a three year period,
the fine shall be not less than $70 or more than $250, according to the following schedule:
A speed of 0-10 mph over the posted speed limit $70
A speed of 11-20 mph over the posted speed limit $100
A speed of 21-30 mph over the posted speed limit $130
A speed over 30 mph of the posted speed limit $160
School Zones and Park Zones
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A speed of 0-10 mph over the posted speed limit $85
A speed of 11-20 mph over the posted speed limit $115
A speed over 20 mph of the posted speed limit $140"
(Ord. No. 1758, § 9, 4-20-2009)
Chapter 10.28
STOP INTERSECTIONS
Sections:
10.28.010 Intersections where stop required--Determination and designation. 10.28.020 Vehicles to stop at stop signs.
10.28.030 Stops at intersections with arterial and through streets. 10.28.040 Stop signs--Placement authorized when.
10.28.050 Stop signs--Described--Location.
10.28.060 Procedure for entering intersections.
10.28.070 Entering intersection prohibited when traffic obstructed.
10.28.080 Through or arterial streets designated--Schedule VI. 10.28.090 Railway crossings--Stop required when.
10.28.100 Railway crossings--Mandatory stops for certian vehicles.
10.28.010 Intersections where stop required--Determination and designation.
The Director of Public Service or the Director's designee is authorized to determine and
designate intersections where particular hazard exists and to determine whether vehicles
should stop at one or more entrances to any intersection. Should the Director determine, upon
the basis of traffic engineering principals and traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this chapter a stop is necessary, then,
the Director has the authority to place stop signs at all intersections deemed necessary. In
addition to the foregoing, the City Commission may, by passing an ordinance or a resolution,
require a stop at any intersection they deem necessary."
(Prior code, § 11.04.255; Code ????, § 10.28.010; Ord. No. 1553, § 1, 1-14-2002)
10.28.020 Vehicles to stop at stop signs.
When stop signs are erected as provided in this chapter at or near the entrance at any
intersection, every driver of a vehicle shall stop such vehicle at such sign or at a clearly
marked stop line before entering the intersection except when directed to proceed by a police
officer or traffic-control signal.
(Prior code, § 11.04.265; Code ????, § 10.28.020)
10.28.030 Stops at intersections with arterial and through streets.
The Director of Public Service or the Director's designee is authorized to determine and
designate what streets with appropriate signage within the corporate city limits of the City of
Bozeman will be designated through or arterial streets. Whenever possible, such determination
should be based upon traffic engineering principles and investigations."
(Prior code, § 11.04.245; Code ????, § 10.28.030; Ord. No. 1553, § 2, 1-14-2002)
Page 321 of 924
10.28.050 Stop signs--Described--Location.
Every sign erected pursuant to this title, which sign requires a vehicle to come to a stop, shall
bear the word "stop" in letters not less than eight inches in height, and such sign shall at
nighttime be rendered luminous by steady or flashing internal illumination, or by a fixed
floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. Every stop sign shall be located as near as practicable at the nearest line of the
crosswalk on the near side of the intersection or, if none, at the nearest line of the roadway.
(Prior code, § 11.04.260; Code ????, § 10.28.050)
10.28.060 Procedure for entering intersections.
A. After the driver of a vehicle has stopped at the entrance to a through or arterial
highway, such driver shall yield the right-of-way to other vehicles which have entered the intersection from the through or arterial highway or which are approaching so closely on the
through or arterial highway as to constitute an immediate hazard, but the driver having so
yielded may proceed, and the drivers of all other vehicles approaching the intersection on the
through or arterial highway shall yield the right-of-way to the vehicle so proceeding into or
across the through or arterial highway.
B. After the driver of a vehicle has stopped in obedience to a stop sign at an intersection where a stop sign is erected at one or more entrances thereto although not a part of a through
or arterial highway, such driver shall proceed cautiously, yielding to vehicles not so obligated
to stop which are within the intersection or approaching so closely as to constitute an
immediate hazard, but may then proceed.
(Prior code, § 11.04.270; Code ????, § 10.28.060)
10.28.070 Entering intersection prohibited when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on
the other side of the intersection or cross-walk to accommodate the vehicle he is operating
without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-
control signal indication to proceed.
(Prior code, § 11.04.280; Code ????, § 10.28.070)
10.28.090 Railway crossings--Stop required when.
A. Whenever any person driving a vehicle approaches a railroad grade crossing under any
of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet
but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until
he can do so safely. The foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal-device gives warning of the immediate
approach of a railroad train;
2. A crossing gate is lowered, or when a human flagman gives or continues to give a
signal of the approach or passage of a railroad train;
3. A railroad train approaching within approximately fifteen hundred feet of the highway
crossing emits a signal audible from such distance, and such railroad train, by reason of its
speed or nearness to such crossing, is an immediate hazard;
Page 322 of 924
4. An approaching railroad train is plainly visible and is in hazardous proximity to such
crossing.
B. No person shall drive any vehicle through, around or under any crossing gate or barrier
at a railroad grade crossing while such gate or barrier is closed or is being opened or closed.
(Prior code, § 11.04.285; Code ????, § 10.28.090)
10.28.100 Railway crossings--Mandatory stops for certain vehicles.
The operator of any motor bus carrying passengers for hire, and the operator of any school
bus carrying any school child, and the operator of any motor truck carrying explosive substances or explosive liquids of any specific gravity as a cargo or part of a cargo, and the
operator of any vehicle of the tractor or caterpillar types, other than a truck tractor, shall, before crossing at grade any track or tracks of a steam or interurban electric railway, bring
such vehicle to a stop not less than ten feet or more than fifty feet from the nearest rail of
such track, and, while stopped, shall both look and listen in both directions along such track
for approaching steam or interurban electric trains or cars before traversing such crossings.
(Prior code, § 11.04.290)
Chapter 10.32
STOPPING, STANDING AND PARKING*
-----
*Prior history: Prior code, §§ 11.04.242, 11.04.275, 11.04.570 -- 11.04.595, 11.04.597,
11.04.600 -- 11.04.750, 11.04.820 -- 11.04.830, 11.08.080 and 11.08.090; Ords. 1091 § 2
and 1126. -----
Sections:
10.32.010 Parking--Chapter provisions not exclusive.
10.32.020 Stopping, standing or parking--Exceptions to restrictions.
10.32.030 Stopping, standing or parking--Locations where prohibited.
10.32.040 Stopping, standing or parking--Prohibited near hazardous or congested areas.
10.32.050 Standing or parking--Procedure generally--Distance from curb.
10.32.060 Standing or parking--One-way streets.
10.32.070 Standing or parking--One-way roadways.
10.32.080 Parking--Additional or temporary regulations.
10.32.090 Parking--Signs required. 10.32.100 Angle parking.
10.32.110 Parking--Prohibited between curb and sidewalk.
10.32.120 Parking--Private property restrictions.
10.32.130 Parking--Private signs prohibited without permit.
10.32.140 Parking--Obstructing traffic prohibited.
10.32.150 Parking--Narrow street restrictions.
10.32.160 Alleys--Stopping, standing and parking restrictions. 10.32.170 Parking--Restrictions near schools.
Page 323 of 924
10.32.180 Fire lanes--Establishment--Parking restrictions.
10.32.185 Handicap bus loading/unloading zones--Establishment--Parking
restrictions.
10.32.190 Tow-away zones--Establishment--Parking restrictions.
10.32.200 Commercial vehicles--Parking restrictions.
10.32.210 Vehicles transporting flammable liquids--Parking restrictions. 10.32.220 Parking--Prohibited for certain purposes.
10.32.230 Large vehicles--Parking restrictions.
10.32.240 Parking--Limitations on certain streets.
10.32.250 Parking--Maximum time designated.
10.32.260 City-operated parking lots--Maximum time designated. 10.32.270 Loading zones--Designation authority.
10.32.280 Loading zones--For use by the public. 10.32.290 Loading zones--Use restrictions.
10.32.300 Loading and unloading--Backing into curb permitted when.
10.32.310 Buses--Parking restrictions.
10.32.320 Bus stops and taxi stands--Designation authority.
10.32.330 Bus stops and taxi stands--Use restrictions.
10.32.340 Illegal parking--Vehicle owner responsibility.
10.32.350 Procedure for the establishment of a residential on-street parking permit regulation program.
10.32.360 Limitations on parking in a residential parking permit only area.
10.32.370 Residential parking permit--Application procedure.
10.32.380 Residential parking permit--Form and issuance.
10.32.390 Lawful display of residential parking permits required.
10.32.395 Montana State University residential on-street parking permit regulation
program. 10.32.400 Legislative intent.
10.32.410 Enforcement--Penalty for violations.
10.32.010 Parking--Chapter provisions not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person
from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
(Code ????, § 10.32.010; Ord. No. 1140 § 1, 1983)
10.32.020 Stopping, standing or parking--Exceptions to restrictions.
The provisions of this chapter prohibiting stopping, standing or parking of a vehicle shall apply
at all times, or at those times, specified in this chapter, or as indicated on official signs, except
when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(Code ????, § 10.32.020; Ord. No. 1140 § 1, 1983)
10.32.030 Stopping, standing or parking--Locations where prohibited.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with law or the directions of a police officer or traffic-control
device, in any of the following places (no signs are required):
1. On a sidewalk;
Page 324 of 924
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet of a fire hydrant, except where parking areas are designated and plainly marked by direction of the director of public safety;
5. On a crosswalk;
6. Within twenty feet of a crosswalk at an intersection, except where parking areas are designated and plainly marked by direction of the director of public safety;
7. Within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control
signal located at the side of a roadway, except where parking areas are designated and plainly
marked by direction of the director of public safety;
8. Between a safety zone and the adjacent curb, or within thirty feet of points on the curb
immediately opposite the ends of a safety zone, unless the director of public safety has
indicated a different length by signs or markings;
9. Within fifty feet of the nearest rail of a railroad crossing, except where parking areas
are designated and plainly marked by direction of the director of public safety;
10. Within twenty feet of the driveway entrance to any fire station and on the side of a
street opposite the entrance to any fire station within seventy-five feet of such entrance when
properly signposted, except where parking areas are designated and plainly marked by direction of the director of public safety;
11. Alongside or opposite any street excavation or obstruction when stopping, standing or
parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway, or within a highway
tunnel;
14. In front of a mailbox or similar receptacle utilized for curbside postal delivery, except
where such receptacle is solely owned by the person stopping, standing or parking the vehicle;
15. At any place where official signs or markings prohibit stopping or parking.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
(Code ????, § 10.32.030; Ord. No. 1484 § 1, 1998: Ord. No. 1397 § 1, 1995: Ord. No. 1140 §
1, 1983)
10.32.040 Stopping, standing or parking--Prohibited near hazardous or congested
areas.
A. The director of public safety is authorized to determine, and designate by proper signs, places not exceeding one hundred feet in length in which the stopping, standing or parking of
Page 325 of 924
vehicles would create an especially hazardous condition or would cause unusual delay to
traffic.
B. When official signs are erected at hazardous or congested places as authorized in this
section no person shall stop, stand or park a vehicle in any such designated place.
(Code ????, § 10.32.040; Ord. No. 1140 § 1, 1983)
10.32.050 Standing or parking--Procedure generally--Distance from curb.
No person shall stand or park a vehicle in a roadway other than parallel with the edge of the
roadway headed in the direction of lawful traffic movement and with the right-hand or left-
hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway, except as otherwise provided in this chapter.
(Code ????, § 10.32.050; Ord. No. 1140 § 1, 1983)
10.32.060 Standing or parking--One-way streets.
The director of public safety is authorized to erect signs upon either or both sides of any one-
way street to prohibit the standing or parking of vehicles, and when such signs are in place, no
person shall stand or park a vehicle upon such side in violation of any such sign.
(Code ????, § 10.32.060; Ord. No. 1140 § 1, 1983)
10.32.070 Standing or parking--One-way roadways.
In the event a highway or street includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a vehicle
upon the left-hand side of such one-way roadway unless signs are erected to permit such
standing or parking. The director of public safety is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roadway, and to erect
signs giving notice thereof.
(Code ????, § 10.32.070; Ord. No. 1140 § 1, 1983)
10.32.080 Parking--Additional or temporary regulations.
The director of public safety is authorized to make and enforce such regulations, relative to
parking:
A. In front of buildings in which any considerable number of persons have assembled or
are expected to assemble, as may seem necessary to assure rapid and safe exit of the
assemblage from such building;
B. On any street, highway or city-operated parking lot for the purpose of permitting
construction, maintenance or any other work on or use of the street, highway or city-operated parking lot.
(Code ????, § 10.32.080; Ord. No. 1140 § 1, 1983)
10.32.090 Parking--Signs required.
Whenever by this title or any other ordinance of the city any parking time limit is imposed or
parking is prohibited on designated streets or public parking lots, it shall be the duty of the
director of public safety to erect appropriate signs giving notice thereof, and such regulations
Page 326 of 924
shall be effective, unless otherwise specifically provided, when said signs are erected and in
place at the time of any alleged offense.
(Code ????, § 10.32.090; Ord. No. 1154, 1984: Ord. No. 1140 § 1, 1983)
10.32.100 Angle parking.
A. The director of public safety shall determine upon what streets angle parking shall be permitted, subject to the approval of the city commission, and shall mark or sign such streets.
B. Angle parking shall not be indicated or permitted at any place where passing traffic
would thereby be caused or required to drive upon the left side of the street.
C. Upon those streets which have been signed or marked by the direction of the director of
public safety for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(Code ????, § 10.32.100; Ord. No. 1140 § 1, 1983)
10.32.110 Parking--Prohibited between curb and sidewalk.
It is unlawful to park any vehicle on that portion of any streets lying between the back of the curbline and the sidewalk edge nearest the curbline, or on any landscaped portion of the city
streets.
(Code ????, § 10.32.110; Ord. No. 1140 § 1, 1983)
10.32.120 Parking--Private property restrictions.
A. No person shall stand or park a vehicle on any private lot or lot area without the
express or implied consent of the owner thereof.
B. Whenever signs or markings have been erected on any lot or lot area, contiguous or
adjacent to a street, thoroughfare or alley, indicating that no vehicles are permitted to stand
or park thereon, it is unlawful for any person to drive a vehicle across any curb or lot line or
over any driveway from a street or alley into such lot or area for the purpose of standing or
parking such vehicle, or for any person to stop, stand or park any vehicle in such lot or lot
area.
(Code ????, § 10.32.120; Ord. No. 1140 § 1, 1983)
10.32.130 Parking--Private signs prohibited without permit.
No person shall erect any temporary or permanent sign or use any other marking or device for
the purpose of limiting, prohibiting or restricting parking upon any public street or highway in
this city unless a permit to so do is first had and obtained from the director of public safety.
(Code ????, § 10.32.130; Ord. No. 1140 § 1, 1983)
10.32.140 Parking--Obstructing traffic prohibited.
No person shall park any vehicle upon a street, other than an alley, in such a manner or under
such conditions as to leave available less than ten feet of the width of the roadway for free
movement of vehicular traffic.
(Code ????, § 10.32.140; Ord. No. 1140 § 1, 1983)
Page 327 of 924
10.32.150 Parking--Narrow street restrictions.
A. The director of public safety is authorized to erect signs indicating no parking upon any
street when the width of the roadway does not exceed twenty feet, or upon one side of a
street as indicated by such signs where, in the opinion of the director of public safety, traffic conditions create a traffic hazard.
B. When official signs prohibiting parking are erected upon narrow streets as authorized in
this section, no person shall park a vehicle upon any such street in violation of any such sign.
(Code ????, § 10.32.150; Ord. No. 1140 § 1, 1983)
10.32.160 Alleys--Stopping, standing and parking restrictions.
A. No person shall stop, stand or park any vehicle at any time, whether occupied or not,
within any alley in the district which includes and is bounded on the north by Lamme Street,
on the east by Wallace Avenue, on the south by Olive Street and on the west by Seventh
Avenue, except temporarily for the purpose of and while actually engaged in loading or
unloading.
B. No person shall stop, stand or park any vehicle, whether occupied or not, within any alley in the city other than in the district described in subsection A of this section, in such a
manner as to prevent the free movement of vehicular traffic, or in such a position as to block
the driving entrance to any abutting property except than temporarily for the purpose of and
while actually engaged in loading or unloading.
(Code ????, § 10.32.160; Ord. No. 1140 § 1, 1983)
10.32.170 Parking--Restrictions near schools.
A. The director of public safety is authorized to erect signs indicating no parking upon that
side of any street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.
(Code ????, § 10.32.170; Ord. No. 1140 § 1, 1983)
10.32.180 Fire lanes--Establishment--Parking restrictions.
A. The fire chief of the city is authorized to designate, lay out and establish fire lanes of
not to exceed twenty feet in width over and across public and private property for access by
fire equipment to buildings within and to post no parking signs thereon.
B. Parking of motor vehicles within a designated and posted fire lane is prohibited and motor vehicles in such fire lanes shall be subject to removal there-from at the owner's
expense.
C. Upon application and review by the fire chief of the city, or designee, a handicap bus
loading and unloading only area may be designated within a fire lane. The designation must be
posted by appropriate signs. The driver of the bus must remain, at all times, with the bus, and
the bus must vacate the fire lane to emergency response vehicles.
Page 328 of 924
(Code ????, § 10.32.090180; Ord. No. 1404 § 1, 1995: Ord. No. 1140 § 1, 1983)
10.32.185 Handicap175 bus loading/unloading zones--Establishment--Parking
restrictions.
A. The director of public safety is authorized to designate, lay out and establish handicap bus loading and unloading zones and to post proper signs thereon.
B. Parking of motor vehicles so as to block the designated handicap bus loading or
unloading area is prohibited, and the motor vehicle is subject to being towed at the owner's
expense. The owner or operator of a vehicle violating this provision is subject to a fine of not
less than one hundred dollars.
(Code ????, § 10.32.185; Ord. No. 1404 § 2, 1995)
10.32.190 Tow-away zones--Establishment--Parking restrictions.
A. The director of public safety is authorized to designate, lay out and establish tow-away
zones and to post proper signs thereon.
B. Parking of vehicles within a designated and posted tow-away zone is prohibited and
vehicles in such tow-away zones shall be subject to removal therefrom at the owner's expense.
(Code ????, § 10.32.190; Ord. No. 1140 § 1, 1983)
10.32.200 Commercial vehicles--Parking restrictions.
It is unlawful to park any commercial vehicle upon any street for a period of time longer than one hour; provided, however, that when lawfully and continuously loading or unloading, such
commercial vehicles may remain parked for such time as is necessary to complete such loading or unloading. Such parking shall be subject to all other and more restrictive provisions
of this title prohibiting or limiting the stopping, standing or parking of vehicles in specified
places or at specified times.
(Code ????, § 10.32.200; Ord. No. 1140 § 1, 1983)
10.32.210 Vehicles transporting flammable liquids--Parking restrictions.
No tank truck, tank trailer or like vehicle containing or used for the transportation of gasoline, butane, fuel oil or other highly flammable liquid shall be parked on any street, alley, park or
other public place, nor upon any private property in this city where it would create a hazard to
life or adjacent property, for a period longer than thirty minutes; but this restriction upon such
parking shall not be construed so as to prevent the delivery of such liquid to retail gas stations
or to private residences or business property, and only for so long as is reasonably necessary to complete such delivery.
(Code ????, § 10.32.210; Ord. No. 1140 § 1, 1983)
10.32.220 Parking--Prohibited for certain purposes.
175 The term now used is disabled.
Page 329 of 924
No person shall park a vehicle upon any street, roadway or public parking lot for the principal
purpose of:
A. Displaying such vehicle for sale;
B. Displaying advertising;
C. Washing, greasing or repairing such vehicle, except repairs necessitated by an
emergency.
(Code ????, § 10.32.220; Ord. No. 1140 § 1, 1983)
10.32.230 Large vehicles--Parking restrictions.
It is unlawful for any operator to park a vehicle with a width greater than eighty-four inches, or a total length exceeding twenty feet, including load, and any vehicle carrying or used for
carrying livestock, upon any street where angle parking is designated unless such driver shall
hold a special permit from the director of public safety authorizing such parking.
(Code ????, § 10.32.230; Ord. No. 1140 § 1, 1983)
10.32.240 Parking--Limitations on certain streets.
A. The director of public safety is authorized to erect signs or markings upon either or both sides of any street or highway to prohibit the standing or parking of vehicles or to restrict such
standing or parking.
B. When official signs are erected in each block or markings are placed along a street or
highway indicating that parking is prohibited or restricted, no person shall park any vehicle in
violation of any such sign or marking.
(Code ????, § 10.32.240; Ord. No. 1188 § 1, 1985; Ord. No. 1140 § 1, 1983)
10.32.250 Parking--Maximum time designated.
A. When signs are erected on any street, alley or highway within the city designating a
maximum time for parking, no person shall park any vehicle for longer than the maximum
time posted.
B. A vehicle may not return to a parking space in the same block face or within 500 feet of where previously parked on the same block face for a three hour period.
C. Upon expiration of the maximum parking duration as posted, a citation may be issued,
in accordance with Section 10.32.410 of this code, to any vehicle which remains parked or
stopped on the same block face unless:
1. The vehicle has moved more than 500 lineal feet, measured along the curb or edge line;
2. The vehicle has moved to an unregulated area in the same block face; or
3. The vehicle has vacated the block face for a minimum of 3 hours.
D. Notwithstanding the foregoing, no person shall park a vehicle for longer than forty eight
Page 330 of 924
consecutive hours at any time upon a street, alley or highway within the city. Signs may be
erected by the director of public safety giving notice thereof. However, the signs are not
required."
(Code ????, § 10.32.250; Ord. No. 1154, 1984: Ord. No. 1140 § 1, 1983; Ord. No. 1579, § 1,
10-7-2002176)
10.32.260 City-operated parking lots--Maximum time designated.
When signs are erected in city-operated parking lots giving notice of maximum parking
duration, no person shall park any vehicle for longer than the maximum duration as posted.
(Code ????, § 10.32.260; Ord. No. 1400 § 1, 1995: Ord. No. 1140 § 1, 1983)
10.32.270 Loading zones--Designation authority.
The director of public safety shall have authority to determine the location of loading zones,
and shall erect and maintain, or cause to be maintained, appropriate signs indicating the
same.
(Code ????, § 10.32.270; Ord. No. 1140 § 1, 1983)
10.32.280 Loading zones--For use by the public.
Any loading zone established by the director of public safety as authorized in this chapter shall
be for the use of the general public, and shall not be restricted to the exclusive use of the
occupants of property adjacent to any such loading zone.
(Code ????, § 10.32.280; Ord. No. 1140 § 1, 1983)
10.32.290 Loading zones--Use restrictions.
No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or unloading and delivery or pickup and
loading of materials in any place marked as a loading zone.
(Code ????, § 10.32.290; Ord. No. 1140 § 1, 1983)
10.32.300 Loading and unloading--Backing into curb permitted when.
A. At every pickup and delivery point in the main business district of the city where there
is an accessible rear entrance, vehicles used for the transportation of merchandise and
materials shall use such rear entrance.
B. No person shall stand or park a vehicle at an angle to the curb for the purpose of
loading or unloading, or for any purpose, when such vehicle so parked or standing extends
into the street or roadway so as to impair the normal flow of traffic, unless a special permit for such parking or standing is issued by the director of public safety to cover emergency
conditions.
(Code ????, § 10.32.30; Ord. No. 1140 § 1, 1983)
176 Is this the correct adoption date?
Page 331 of 924
10.32.310 Buses--Parking restrictions.
The driver of a public bus shall not park upon any street in any business district at any place
other than at a public bus stop, except that this provision shall not prevent the driver of such
vehicle from temporarily stopping in accordance with other stopping or parking regulations at
any place for the purpose of and while actually engaged in loading or unloading passengers.
(Code ????, § 10.32.310; Ord. No. 1140 § 1, 1983)
10.32.320 Bus stops and taxi stands--Designation authority.
The director of public safety shall have authority to determine the location of public bus stops
and taxi stands, and shall erect and maintain or cause to be maintained, appropriate signs indicating the same.
(Code ????, § 10.32.320; Ord. No. 1140 § 1, 1983)
10.32.330 Bus stops and taxi stands--Use restrictions.
No person shall stop, stand or park a vehicle other than a public bus in a public bus stop or
stand, or other than a taxicab in a taxicab stand when any such stop or stand has been
officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or
unloading passengers, when such stopping does not interfere with any public bus or taxicab waiting to enter or about to enter such zone.
(Code ????, § 10.32.330; Ord. No. 1140 § 1, 1983)
10.32.340 Illegal parking--Vehicle owner responsibility.
If any vehicle is found in violation of this chapter or any rule, regulation, sign or marking in force pursuant thereto, controlling stopping, standing or parking of vehicles, any person in
whose name such vehicle is registered shall be responsible for such violation.
(Code ????, § 10.32.340; Ord. No. 1188 § 2, 1985: Ord. No. 1140 § 1, 1983)
10.32.350 Procedure for the establishment of a residential on-street parking
permit regulation program.
A. Pursuant to the powers granted to local governments pursuant to Montana State law to regulate the standing or parking of vehicles on public streets, the use of public streets and
traffic upon public streets, the city commission may, after holding a public hearing on any
residential parking permit proposal, create pursuant to ordinance areas of the city to be
designated as residential parking permit areas during specified times of the day and week if
the city commission finds that the residential area under consideration for such a designation
is:
1. Predominantly residential in character;
2. An area the streets of which are regularly congested with vehicles parked by persons
not residing in the area; and
3. An area where limiting the parking of vehicles along the public streets better provides
adequate motor vehicle parking for residents of the area; and finds that the creation of a residential parking permit area in the residential area under consideration would further one or
Page 332 of 924
more of the following objectives:
1. Promoting tranquility among commuters and residents;
2. Reducing noise;
3. Reducing traffic hazards; or
4. Reducing litter.
B. Any ordinance designating an area of the city as a residential permit parking area shall describe:
1. The designated public street area along which parking will be limited to vehicles
registered to or controlled and exclusively used by persons residing in the area;
2. Hours of each day and days of each week that the residential parking permit regulations
shall be in effect;
3. The individuals eligible to purchase a permit;
4. Effective dates of annual permits;
5. Any special provisions or exceptions applicable to schools, churches, businesses, public
park use, etc. within the residential area; and
6. Visitor permit or special gathering provisions for the residential area.
C. Upon adoption of any ordinance by the city commission designating an area for residential permit parking only, signs shall be erected along the streets identified in the
ordinance prior to any enforcement of the residential parking permit regulation pursuant to
Section 10.32.090 of the Bozeman Municipal Code. The parking signs erected shall give notice
of the general nature of the parking limitation and shall indicate the hours and days when such
parking limitations shall be in effect.
(Code ????, § 10.32.350; Ord. No. 1376 § 1, 1993: Ord. No. 1345 § 1, 1992)
10.32.360 Limitations on parking in a residential parking permit only area.
A. It is unlawful for any person to stop, stand or park a vehicle on any street designated a
residential permit only parking area during the hours and on the days set forth in an ordinance
adopted by the city commission, except in the following circumstances:
1. Those vehicles displaying a valid residential parking permit or a temporary visitor's
permit for the area; or
2. An emergency vehicle, including, but not limited to an ambulance, fire engine or police
vehicle; or
3. A clearly marked business vehicle which is under the control of a person providing a
service to persons or property located in the designated residential permit only parking area,
including but not limited to a delivery vehicle.
(Code ????, § 10.32.360; Ord. No. 1345 § 2, 1992)
Page 333 of 924
10.32.370 Residential parking permit--Application procedure.
Applications for residential parking permits shall be submitted to the city on a prescribed form
and shall be accompanied by proof in a form satisfactory to the city of the applicant's place of
residence within the residential parking permit only area, as well as proof of registration of use and control of each vehicle for which a residential parking permit is sought. Each application
shall be accompanied by the appropriate fee for each vehicle for which a parking permit is
sought. No part of the parking permit fees shall be refundable. The amount of the fees shall be
established by resolution at the level that covers the cost of administration and enforcement of
the residential parking permit regulations in the residential area.
(Code ????, § 10.32.370; Ord. No. 1345 § 3, 1992)
10.32.380 Residential parking permit--Form and issuance.
A. Upon approval by the city of the application of any person residing in a residential
parking permit only area, a residential parking permit shall be issued for each vehicle receiving
approval. Upon approval by the city of the application of any person residing in a residential
parking permit only area for a temporary visitor's permit, such permit shall be issued by the city. No more than two temporary visitor's parking permits shall be issued annually for a single
residential dwelling unit. Temporary visitors' parking permits shall be used only by visitors of the dwelling unit to which the permits were issued and are valid only while visiting that
dwelling unit.
B. Each residential parking permit issued by the city for a vehicle shall set forth at least
the date of issuance and the license number of the vehicle for which it is issued. Each
temporary visitor's permit issued by the city shall set forth at least the date of issuance and
the address of the resident to which it is issued. Annual permits shall be required. A permit shall be valid for no longer than the permit year of issuance and is not transferrable. The
issuance of a residential parking permit does not serve as a guarantee that there will always
be a parking space available for the permit holder on the public streets within the designated
residential parking permit area.
(Code ????, § 10.32.380; Ord. No. 1401 § 1, 1995; Ord. No. 1345 § 4, 1992)
10.32.390 Lawful display of residential parking permits required.
A. Unless otherwise agreed to by a Bozeman parking control officer in writing, residential
parking permits shall be affixed to the left rear number and temporary visitors' permits and
employee permits shall be hung from the interior rearview mirror facing the windshield. It is
unlawful to either fail to display or improperly display a residential parking permit, or to
attempt to use a residential parking permit from another area in a designated residential area.
B. It is unlawful for the holder of a residential parking permit to fail to surrender it when directed to do so.
C. It is unlawful for any person to represent in any fashion that a vehicle is entitled to a
residential parking permit authorized by Section 10.32.370 or other applicable provisions when
it is not so entitled. The display of a residential parking permit on a vehicle not entitled to such
a permit shall constitute such a representation.
D. It is unlawful for any person to duplicate, by any means, a parking permit authorized by
Section 10.32.370 or other applicable provisions. It is also unlawful for any person to display
Page 334 of 924
on any vehicle such a duplicate parking permit.
(Code ????, § 10.32.390; Ord. No. 1401 § 2, 1995; Ord. No. 1383 § 1, 1994: Ord. No. 1345 §
5, 1992)
10.32.395 Montana State University residential on-street parking permit regulation program.
A. The area designated, pursuant to this chapter, as the Montana State University
residential on-street parking permit program, and hereinafter referred to as "MSU Residential
District", shall be as follows, and as depicted on Exhibit "A", attached hereto (listed streets
and avenues include the full right-of-way unless specifically noted):
Beginning at the northwest corner of the intersection of South 12th Avenue and West
Dickerson Street, thence southerly to West Alderson Street, thence westerly to South 13th Avenue, thence southerly to the centerline of West College Street, thence easterly along the
centerline of West College Street to the centerline of South 8th Avenue, thence southerly
along the centerline of South 8th Avenue to the centerline of West Harrison Street, thence
easterly along the centerline of West Harrison Street to the centerline of South 6th Avenue,
thence southerly along the centerline of South 6th Avenue to the centerline of West Grant Street, thence easterly along the centerline of West Grant Street to the alley between South
5th Avenue and South 6th Avenue, thence southerly to the south right-of-way boundary of West Grant Street, thence easterly along the south right-of-way boundary of West Grant
Street to South 5th Avenue, thence southerly to the north boundary of the Lincoln Street
right-of-way, thence easterly along the north boundary of the Lincoln Street right-of-way to
the west right-of-way boundary of South 3rd Avenue, thence southerly along the centerline of
South 3rd Avenue to the intersection of South 3rd Avenue, Greek Way and South Grand
Avenue, thence easterly to the east right-of-way boundary of South Grand Avenue, thence
northerly to the north right-of-way boundary of Lincoln Street, thence easterly along the north right-of-way boundary of Lincoln Street to the west right-of-way boundary of South Willson
Avenue, thence northerly along the west right-of-way boundary of South Willson Avenue to
West Arthur Street, thence westerly to South Grand Avenue, thence northerly to West
Cleveland Street, thence westerly to South 3rd Avenue, thence northerly to the south right-of-
way boundary of West Harrison Street, thence easterly to the west right-of-way boundary of
South Grand Avenue, thence northerly to the north right-of-way boundary of West Harrison
Street, thence westerly to South 5th Avenue, thence northerly to the south right-of-way boundary of West College Street, thence easterly to the west right-of-way boundary of South
4th Avenue, thence northerly to the north right-of-way boundary of West College Street,
thence westerly to the centerline of South 5th Avenue, thence northerly along the centerline of
South 5th Avenue to West Alderson Street, thence easterly to the east right-of-way boundary
of South 5th Avenue, thence northerly to West Dickerson Street, thence westerly to the east
right-of-way boundary of South 7th Avenue, thence northerly to the south right-of-way
boundary of West Story Street thence westerly to the west right-of-way boundary of South 7th Avenue, thence southerly to West Dickerson Street, thence westerly to the centerline of South
8th Avenue, thence northerly to the north right-of-way boundary of West Story Street, thence
westerly along the north and south right-of-way boundaries of West Story Street to the
centerline of South 9th Avenue and continuing westerly along the north right-of-way boundary
of West Story Street from the centerline of South 9th Avenue to the centerline of South 10th
Avenue thence returning easterly along the north right-of-way boundary of West Story Street
to the centerline of South 9th Avenue, thence southerly along the east right-of way boundary
of South 9th Avenue to West Dickerson Street, thence westerly to South 12h Avenue, the point
of beginning.
Page 335 of 924
The district shall also include South 14th Avenue from Dickerson Street to College Street, the
east side of South 15th Avenue from Alderson Street to College Street, the west side of South
15th Avenue from Dickerson Street to College Street, and West Alderson Street from South
13th Avenue to South 14th Avenue."
B. No vehicle other than emergency vehicles or vehicles providing services within the BSHS Residential District or vehicles having a valid residential parking permit may park on any
street within the BSHS Residential District between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, except for legal holidays. Whenever parking is otherwise regulated
within the BSHS Residential District, the posted regulations shall apply.
C. These regulations will be enforced by the Bozeman Police Department or designee.
D. The Department of Public Service will post signs in accordance with the Manual on
Uniform Traffic Control Devices that indicate the general nature of the restrictions and the
hours and days when the restrictions are in effect.
E. Permits shall be issued for an annual permit year beginning September 1st."
F. The amount of the permit fees shall be established by resolution.
G. Permits shall be issued by the Bozeman Police Department or designee. Permits may be
issued for motor vehicles only upon application by a legal resident within the BSHS Residential
District who has a motor vehicle or vehicles registered in the applicant's name, or who has a
motor vehicle for the applicant's exclusive use and under the applicant's control; and
satisfying the requirements of Section 10.32.370 and 10.32.380.
H. No more than two visitor permits shall be issued annually to each single residential
dwelling unit for use by visitor vehicles.
I. Nonresidential uses may be provided with posted time limit parking as approved by the
Director of Public Safety.
J. Each business owner or individual employed within the BSHS Residential District is eligible to purchase one residential permit.
K. Annual visitor permits may be issued to non-residential uses located within the district
for circumstances not otherwise provided for within this section.
L. Upon request by a resident or employer within the BSHS Residential District, the
Bozeman Police Department or designee may issue special gathering permits.
M. Residential permits shall become void if either the owner/operator of the vehicle moves out of the BSHS Residential District or the owner/operator of the vehicle sells the vehicle. A
permit holder who moves within the BSHS Residential District or purchases another vehicle
and desires to transfer the permit must apply for such transfer and pay the fee as established
by resolution.
N. The BSHS Residential District boundaries may be revised by ordinance."
(Ord. No. 1542, § 2, 7-9-2001; Ord. No. 1568, § 1, 7-22-2002; Ord. No. 1644, § 2, 8-15-
2005; Ord. No. 1705 § 1, 5-29-2007; Ord. No. 1715, § 2, 8-27-2007; Ord. No. 1716, § 2, 9-4-
2007)
Page 336 of 924
10.32.400 Legislative intent.
It is the intent of the city commission that the criminal offenses listed in this chapter are
offenses involving absolute liability. Those offenses shall not require proof of any one of the
mental states described in subsections (33), (37), and (58) of Section 45-2-101, MCA.
(Code ????, § 10.32.400; Ord. No. 1345 § 6, 1992; Ord. No. 1140 § 1, 1983)
10.32.410 Enforcement--Penalty for violations.
Violation of this Chapter is a municipal infraction and shall be punishable by a civil penalty as
provided in Bozeman Code Section 1.24.040 except that the Court shall impose the following minimum civil penalties:
1. The minimum civil penalty for violation of Section 10.32.390(A) shall be five dollars.
2. The minimum civil penalty for parking in violation of Section 10.32.180 shall be:
First citation $50.00 Second citation $50.00
Third and subsequent citations $100.00
The determining factor with respect to the civil penalty is the issuance of the citation and not
the judgment.
(Code ????, § 10.32.410; Ord. No. 1481 § 1, 1998: Ord. No. 1469 § 1, 1998: Ord. No. 1428 §
1, 1996: Ord. No. 1383 § 2, 1994: Ord. No. 1345 § 7, 1992: Ord. No. 1140 § 1, 1983; Ord.
No. 1580, § 1, 10-7-2002; Ord. No. 1699, § 1, 4-2-2007)
Chapter 10.34
HANDICAPPED177 PARKING
Sections:
Article I. General Provisions
10.34.010 Title. 10.34.020 Minimum requirements.
Article II. Definitions
10.34.030 Physically handicapped. 10.34.040 Handicapped parking stall.
10.34.050 Other definitions.
Article III. Administration and Enforcement
10.34.060 Parking in designated handicapped stalls.
177 Disabled is now the preferred term.
Page 337 of 924
10.34.070 Display of handicapped symbol--Privileges.
10.34.080 Duties of the police division.
10.34.090 Duties of other public employees.
Article IV. Violation--Penalties
10.34.100 Designated.
Article I. General Provisions
10.34.010 Title.
This chapter shall be known and cited as the Handicap Parking Ordinance of the city and referred to as such in this title.
(Prior code, § 11.12.010; Code ????, § 10.34.010; Ord. No. 1116 § 1, 1982;)
10.34.020 Minimum requirements.
In their interpretation and application the provisions of this chapter shall be held to be minimum requirements adopted as an exercise of the general police powers of the city for the
promotion of the health, safety and welfare of the physically handicapped citizens of the community.
(Prior code, § 11.12.020; Code ????, § 10.34.020; Ord. No. 1116 § 1, 1982)
Article II. Definitions
10.34.030 Physically handicapped.178
178 State law has the criteria for a special parking permit:
49-4-301. Eligibility for special parking permit. (1) The department of justice shall issue a special
parking permit to a person who has a disability that limits or impairs the person's mobility
and for whom a licensed physician, a licensed chiropractor, or a licensed advanced practice
registered nurse, as provided in 37-8-202, submits a certification to the department, by
electronic or other means prescribed by the department, that the person meets one of the
following criteria:
(a) cannot walk 200 feet without stopping to rest;
(b) is severely limited in ability to walk because of an arthritic, neurological, or orthopedic
condition;
(c) is so severely disabled that the person cannot walk without the use of or assistance from a
brace, cane, another person, prosthetic device, wheelchair, or other assistive device;
(d) uses portable oxygen; (e) is restricted by lung disease to the extent that forced expiratory respiratory volume, when measured by spirometry, is less than 1 liter per second or the arterial oxygen tension is less than 60 mm/hg on room air at rest; (f) has impairment because of cardiovascular disease or a cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted
by the American heart association; or
(g) has a disability resulting from an acute sensitivity to automobile emissions or from another
disease or physical condition that limits or impairs the person's mobility and that is
documented by the licensed physician, the licensed chiropractor, or the licensed advanced
practice registered nurse as being comparable in severity to the other conditions listed in
this subsection (1).
Page 338 of 924
"Physically handicapped" means one who holds a valid driver's license and owns a motor
vehicle, other than a commercial vehicle, and has a permanent physical disability that impairs
their mobility when not in a motor vehicle; or regardless of whether they hold a driver's
license or own a motor vehicle, have a permanent physical disability that impairs their driving
ability and impairs their mobility when not in a motor vehicle to such an extent that they need to be driven by another person to a destination.
(Prior code, § 11.12.030; Code ????, § 10.34.030; Ord. No. 1116 § 2, 1982)
10.34.040 Handicapped parking stall.
"Handicapped parking stall" means one so designated by the use of the nationally recognized handicapped sign or symbol.
(Prior code, § 11.12.040; Code ????, § 10.34.040; Ord. No. 1116 § 2, 1982)
10.34.050 Other definitions.
All other definitions applicable to this chapter shall be found in Section 10.04.020.
(Prior code, § 11.12.050; Code ????, § 10.34.050; Ord. No. 1116 § 2, 1982)
Article III. Administration and Enforcement
10.34.060 Parking in designated handicapped stalls.
(2) (a) A person who has a condition expected to improve within 6 months may be issued a temporary placard for a period not to exceed 6 months but may not be issued a special license plate under 61-3-332(9). If the condition exists after 6 months, a new temporary placard must be issued for the time period prescribed by the applicant's physician, chiropractor, or advanced practice registered nurse, not to exceed 24 months, upon receipt
of a later paper or electronic certification from the disabled person's physician, chiropractor,
or advanced practice registered nurse that the conditions specified in subsection (1)
continue to exist and are expected to continue for the time specified.
(b) A person who meets one of the criteria in subsection (1) for what is considered to be a
permanent condition, as determined by a licensed physician, a licensed chiropractor, or a
licensed advanced practice registered nurse, may, by application to the department, by
electronic or other means prescribed by the department, be issued a special license plate
under 61-3-332(9) and is not required to reapply for the special license plate when the
vehicle is reregistered.
(3) The department of justice may issue special parking permits to an agency or business that
provides transportation as a service for persons with a disability. The permits must be used only to load and unload persons with a disability in the special parking place provided for in 49-4-302. As used in this subsection, "disability" means a physical impairment that severely limits a person's ability to walk. (4) Except as provided in subsection (3), an applicant may not receive more than one permit.
History: En. 53-106.12 by Sec. 1, Ch. 31, L. 1977; R.C.M. 1947, 53-106.12(1), (6); amd. Sec.
1, Ch. 614, L. 1983; amd. Sec. 24, Ch. 407, L. 1993; amd. Sec. 1, Ch. 202, L. 1995; amd.
Sec. 1, Ch. 392, L. 1995; amd. Sec. 1, Ch. 280, L. 1997; amd. Sec. 1, Ch. 156, L. 1999;
amd. Sec. 7, Ch. 399, L. 2003; amd. Secs. 1, 3, Ch. 507, L. 2005; amd. Sec. 28, Ch. 596,
L. 2005.
Page 339 of 924
Pursuant to the provisions of Title 49, Chapter 4, Part 3, MCA, it is unlawful for anyone to
park, stop or stand at a designated handicapped parking shall as defined in this chapter,
whether on the public right-of-way or in public parking lots, except those displaying a
handicap symbol issued by the Division of Motor Vehicles or other competent jurisdiction.
(Prior code, § 11.12.060; Code ????, § 10.34.060; Ord. No. 1116 § 3, 1982)
10.34.070 Display of handicapped symbol--Privileges.
A. Handicapped persons, as defined in this chapter, shall be granted the privilege of
parking at the designated handicapped locations, as listed in Section 10.34.050, subject to all
other limitations of this title such as time limit, parking close to curb, etc., only when the
handicapped symbol has been prominently displayed in the windshield of the vehicle.
B. Exception. The privilege shall not be extended to those persons not disabled, displaying the handicapped symbol while they are not engaged in transporting, delivering or picking up
the handicapped.
(Prior code, § 11.12.070; Code ????, § 10.34.070; Ord. No. 1116 § 3, 1982)
10.34.080 Duties of the police division. 179
It shall be the duty of the police division to enforce the provisions of this chapter, issue citations for the violation thereof, and assist in the prosecution of those persons violating this
chapter.
(Prior code, § 11.12.080; Code ????, § 10.34.080; Ord. No. 1116 § 3, 1982)
10.34.090 Duties of other public employees.
The provisions of this chapter shall apply to the driver of any vehicle owner by or used in the
service of the United States Government, the state, the county or the city, and it is unlawful for any driver to violate any of the provisions of this chapter, except those vehicles designated
as emergency vehicles.
(Prior code, § 11.12.090; Code ????, § 10.34.090; Ord. No. 1116 § 3, 1982)
Article IV. Violation--Penalties
10.34.100 Designated Municipal Infraction
Violation of this Chapter is a municipal infraction and shall be punishable by a civil penalty of
not less than fifteen dollars nor more than one hundred dollars."
(Code ????, § 10.34.100; Ord. No. 1116 § 4, 1982; Ord. No. 1699, § 1, 4-2-2007)
Chapter 10.40
TAXICABS AND BUSES
Sections:
179 Now called department?
Page 340 of 924
10.40.010 Licensing and regulation of for-hire vehicles.
10.40.010 Licensing and regulation of for-hire vehicles.
It is unlawful for any person, firm or corporation to operate any taxicab, bus, or other vehicle
for hire for the purpose of carrying passengers within the city without first obtaining a license for such operation, in accordance with the provisions of the ordinances of the city, and any
amendments thereto, regulating the licensing of taxicabs and buses, and without fully
complying with all the applicable provisions of the laws of the state governing the licensing
and regulation of motor carriers.
(Prior code, § 11.04.420; Code ????, § 10.40.010)
State law reference—Motor carriers, MCA 69-12-101 et seq.
Chapter 10.42 Truck Traffic
10.42.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
A. "Axle" means a transverse beam which is the common axis of rotation of one or more
wheels and which, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when
the axle is in operation.
B. "Deviating truck" means a truck which leaves and departs from a truck route while
traveling inside the city.
C. "Local Delivery" means a delivery of goods or other property to a warehouse, carrier or other person in the ordinary course of business to a specific location upon a specific street
within the Bozeman city limits.
D. "Trailer" means every vehicle, with or without motor power, designed for carrying
property and for being drawn by a motor vehicle. For the purposes of this chapter, the term includes only trailers with three or more axles and designed to carry property wholly on its
own structure which must be drawn by a motor vehicle.
E. "Truck" means any vehicle designed, used, maintained or operated for the primarily for
the transportation of personal property and, for the purposes of this chapter, has three or
more axles. The term "truck" as used in this chapter will also include any vehicle pulling a
trailer as defined herein.
F. "Through Truck Traffic" means any truck traffic which does not have a destination point on the street upon which it is traveling.
G. "Truck route" means a way over certain streets, as designated by ordinance, over and
along which trucks coming into, going out of and traveling within the city must operate.
(Ord. No. 1553, § 3(10.42.010), 1-14-2001)
10.42.020 Application of chapter.
This section will apply to all trucks as defined herein or any vehicle pulling trailers as defined.
Page 341 of 924
(Ord. No. 1553, § 3(10.42.020), 1-14-2001)
10.42.030 Traffic within the city.
Through truck traffic is prohibited upon any street which is not a designated truck route except:
A. All trucks on a trip originating in the City will proceed on the shortest route possible to
a street upon an established truck route.
B. All trucks entering the City will proceed over an established truck route and will deviate
only at the intersection with the street nearest to the destination point. Upon leaving the destination point, a deviating truck must travel to its next destination or the nearest truck
route, whichever is closest, by the shortest route possible.
(Ord. No. 1553, § 3(10.42.030), 1-14-2001)
10.42.040 Exceptions.
This article does not prohibit the operation of:
A. Trucks where necessary to conduct business at a point of destination.
B. Emergency vehicles upon any street in the city.
C. Trucks upon any detour properly established by the City.
D. School buses being driven to either pick up or deliver students to the school or their
homes.
(Ord. No. 1553, § 3(10.42.040), 1-14-2001)
10.42.050 Routes established.
The Commission will designated truck routes and alternate truck routes by separate
resolution. Additionally, the Commission, in its discretion may prohibit truck traffic on specific
streets. The Director of Public Service or designee will ensure the proper signing of all routes including but not limited to any streets which are prohibited to truck traffic, for local delivery
only and truck routes.
(Ord. No. 1553, § 3(10.42.050), 1-14-2001)
10.42.060 Maps indicating routes.
The Clerk of the Commission will keep and maintain accurate maps setting out truck routes
and streets upon which truck traffic is permitted. All maps will be made available to the public.
(Ord. No. 1553, § 3(10.42.060), 1-14-2001)
10.42.080 Enforcement
Violations of this section will be punishable as set forth in 10.60.030 BMC."
(Ord. No. 1553, § 3(10.42.080), 1-14-2001)
Page 342 of 924
Chapter 10.44
MISCELLANEOUS REGULATIONS
Sections:
10.44.010 Stepping on or off moving vehicles.
10.44.020 Railroad trains blocking streets.
10.44.030 Clinging to moving vehicles.
10.44.040 Riding animals, animal-drawn vehicles and pushcarts.
10.44.050 Toy vehicles and roller skates.
10.44.010 Stepping on or off moving vehicles.
No person shall board or alight from any streetcar or vehicle while such streetcar or vehicle is
in motion.
(Prior code, § 11.04.385; Code ????, § 10.44.010)
10.44.020 Railroad trains blocking streets.180
It is unlawful for the directing officer or the operator of any railroad train to direct the
operation of or to operate the same in such a manner as to prevent the use of any street for
purposes of travel for a period of time longer than ten minutes, except that this provision shall
not apply to trains or cars in motion other than those engaged in switching.
(Prior code, § 11.04.390; Code ????, § 10.44.020)
10.44.030 Clinging to moving vehicles.
Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle
shall not attach the same or himself to any street car or moving vehicle upon any roadway.
(Prior code, § 11.04.380; Code ????, § 10.44.030)
10.44.040 Riding animals, animal-drawn vehicles and pushcarts.
Every person propelling any pushcart or riding an animal upon a roadway, and every person
driving any animal-drawn vehicle, shall be subject to the provisions of this title applicable to the driver of any vehicle, except those provisions of this title which by their very nature can
have no application.
(Prior code, § 11.04.130; Code ????, § 10.44.040)
10.44.050 Toy vehicles and roller skates.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar
device, shall go upon any roadway except while crossing a street on a crosswalk, and when so crossing such person shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians. This section shall not apply upon any street while set aside as a play
street as authorized by ordinance of this city. No person shall ride any roller skates, coasters
180 Most local railroad regulations have been preempted by the Federal Railroad Safety Act of 1970
(49 U.S.C. § 20101 et seq.).
Page 343 of 924
or scooters upon any sidewalk within the main business district.
(Prior code, § 11.04.395; Code ????, § 10.44.050)
Chapter 10.48
BICYCLES
Sections:
10.48.010 Regulations applicable--Responsibility of parents and guardians.
10.48.020 License--Required.
10.48.030 License--Application and fee. 10.48.040 License--Issuance conditions--Recordkeeping.
10.48.050 Attachment of license plate. 10.48.060 Inspection prerequisite to licensing.
10.48.070 Transfer of ownership.
10.48.080 Rental agency requirements.
10.48.090 Traffic laws applicable.
10.48.100 Traffic-control devices--Obedience required. 10.48.110 Operation restrictions.
10.48.120 Riding on streets, roadways and bicycle paths--Restrictions. 10.48.130 Speed limits.
10.48.140 Yield right-of-way upon crossing sidewalk or entering roadway.
10.48.150 Clinging to vehicles prohibited.
10.48.160 Carrying articles--Limitation.
10.48.170 Parking.
10.48.180 Riding on sidewalks--Restrictions.
10.48.190 Brakes and lights. 10.48.200 Violation--Penalty--Violations by minors.
10.48.010 Regulations applicable--Responsibility of parents and guardians.
A. It is a violation of this chapter for any person to do any act forbidden or fail to perform
any act required in this chapter.
B. The parent of any child and the guardian of any ward shall not authorize or knowingly
permit any such child or ward to violate any of the provisions of this chapter.
C. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon
any street or upon any public path set aside for the exclusive use of bicycles, subject to those
exceptions stated in this chapter.
(Prior code, § 11.04.470; Code ????, § 10.48.010)
10.48.020 License--Required.181
No person who resides within the city shall ride or propel a bicycle on any street or upon any
public path set aside for the exclusive use of bicycles unless such bicycle has been licensed
and a license plate is attached thereto as provided in this chapter.
181 Do you still license bicycles?
Page 344 of 924
(Prior code, § 11.04.475; Code ????, § 10.48.020)
10.48.030 License--Application and fee.182
Applications for a bicycle license and license plate shall be made upon a form provided by the
city and shall be made to the chief of police. An annual license fee of twenty-five cents shall be paid to the city before each license or renewal thereof is granted.
(Prior code, § 11.04.480; Code ????, § 10.48.030)
10.48.040 License--Issuance conditions--Recordkeeping.
A. The chief of police, upon receiving proper application therefor, is authorized to issue a bicycle license, which shall be effective until the next succeeding first day of January.
B. The chief of police shall not issue a license for any bicycle when he knows or has
reasonable grounds to believe that the applicant is not the owner of or entitled to the
possession of such bicycle.
C. The chief of police shall keep a record of the number of each license, the date issued,
the name and address of the person to whom issued, and the number on the frame of the
bicycle for which issued, and a record of all bicycle license fees collected by him.
(Prior code, § 11.04.485; Code ????, § 10.48.040)
10.48.050 Attachment of license plate.
A. The chief of police, upon issuing a bicycle license, shall also issue a license plate
bearing the license number assigned to the bicycle, the name of the city, the calendar year for which issued and the expiration date thereof.
B. The chief of police shall cause such license plate to be firmly attached to the rear
mudguard or frame of the bicycle for which issued, in such position as to be plainly visible
from the rear.
C. No person shall remove a license plate from a bicycle during the period for which issued
except upon a transfer of ownership or in the event the bicycle is dismantled and no longer
operated upon any street in the city.
(Prior code, § 11.04.490; Code ????, § 10.48.050)
10.48.060 Inspection prerequisite to licensing.
The chief of police, or an officer assigned such responsibility, shall inspect each bicycle before
licensing the same, and shall refuse a license for any bicycle which he determines is in an unsafe mechanical condition.
(Prior code, § 11.04.495; Code ????, § 10.48.060)
10.48.070 Transfer of ownership.
182 The fee is rather low. Adopt by resolution?
Page 345 of 924
Upon the sale or other transfer of a licensed bicycle the licensee shall remove the license plate
and shall either surrender the same to the chief of police or may, upon proper application and
payment of additional fee of twenty-five cents, have the plate assigned to another bicycle
owned by the applicant.
(Prior code, § 11.04.500; Code ????, § 10.48.070)
10.48.080 Rental agency requirements.
A rental agency shall not rent or offer any bicycles for rent unless the bicycle is licensed and a
license plate is attached thereto as provided herein and such bicycle is equipped with the
lamps and other equipment required in this chapter.
(Prior code, § 11.04.505; Code ????, § 10.48.080)
10.48.090 Traffic laws applicable.
Every person riding a bicycle upon a street or roadway shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state
declaring rules of the road applicable to vehicles, or by the traffic ordinances of this city
applicable to the driver of a vehicle, except as to special regulations in this title, and except as
to those provisions of laws which by their nature can have no application.
(Prior code, § 11.04.510; Code ????, § 10.48.090)
10.48.100 Traffic-control devices--Obedience required.
A. Any person operating a bicycle shall obey the instructions of official traffic-control
signals, signs and other control devices applicable to vehicles, unless otherwise directed by a
police officer.
B. Whenever authorized signs are erected indicating that no right or left or U turn is
permitted, no person operating a bicycle shall disobey the direction of any such sign, except
where such person dismounts from the bicycle to make any such turn, in which event such
person shall then obey the regulations applicable to pedestrians.
(Prior code, § 11.04.515; Code ????, § 10.48.100)
10.48.110 Operation restrictions.
A. A person propelling a bicycle shall not ride other than astride a permanent and regular
seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for which it
is designed and equipped.
(Prior code, § 11.04.520; Code ????, § 10.48.110)
10.48.120 Riding on streets, roadways and bicycle paths--Restrictions.
A. Every person operating a bicycle upon a street or roadway shall ride as near to the
right-hand side of the roadway as practicable, exercising due care when passing a standing
vehicle or one proceeding in the same direction.
B. Persons riding bicycles upon a street or roadway shall not ride more than two abreast
except on paths or parts of roadways set aside for the exclusive use of bicycles.
Page 346 of 924
C. Whenever a usable path for bicycles has been provided adjacent to a street or roadway,
bicycle riders shall use such path and shall not use the street or roadway.
(Prior code, § 11.04.525; Code ????, § 10.48.120)
10.48.130 Speed limits.
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the
conditions then existing.
(Prior code, § 11.04.530; Code ????, § 10.48.130)
10.48.140 Yield right-of-way upon crossing sidewalk or entering roadway.
The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching
a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all
pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway
shall yield the right-of-way to all vehicles approaching on the roadway.
(Prior code, § 11.04.535; Code ????, § 10.48.140)
10.48.150 Clinging to vehicles prohibited.
No person riding upon any bicycle shall attach the same or himself to any vehicle upon a
street or roadway.
(Prior code, § 11.04.540; Code ????, § 10.48.150)
10.48.160 Carrying articles--Limitation.
No person operating a bicycle shall carry any package, bundle or article which prevents the
rider from keeping at least one hand upon the handlebars.
(Prior code, § 11.04.545; Code ????, § 10.48.160)
10.48.170 Parking.
No person shall park a bicycle upon a street other than upon the roadway against the curb, or
upon the sidewalk in a rack to support the bicycle, or against a building, or at the curb, in such
manner as to afford the least obstruction to pedestrian traffic. No person shall park a bicycle
against a glass window at any time.
(Prior code, § 11.04.550; Code ????, § 10.48.170)
10.48.180 Riding on sidewalks--Restrictions.
A. No person shall ride a bicycle upon any sidewalk within the main business district.
B. No person over the age of fifteen years shall ride any bicycle upon any sidewalk within
the city.
C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the
right-of-way to any pedestrian, and shall give audible signal before overtaking and passing
such pedestrian.
(Prior code, § 11.04.555; Code ????, § 10.48.180)
Page 347 of 924
10.48.190 Brakes and lights.
A. Every bicycle, when in use at night-time, shall be equipped with a lamp on the front
which shall emit a white light visible from a distance of at least two hundred feet to the front
and with a red reflector on the rear of a type which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of
headlamps on a motor vehicle. A lamp emitting a red light visible form a distance of three
hundred feet to the rear may be used in addition to the red reflector.
B. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(Prior code, § 11.04.560; Code ????, § 10.48.190)
10.48.200 Violation--Penalty--Violations by minors.183
Every person, firm or corporation convicted of violation of any of the provisions of this chapter
shall be punished by a fine not exceeding three hundred dollars or by imprisonment in the city
or county jail for a period not exceeding ninety days, or by both such fine and imprisonment,
except in the case of violation by minors under the age of eighteen years. In case of violation by any minor, or by any other person, a police officer is given the authority and power to
remove and detain the license plate of such person's bicycle for a period not exceeding thirty days, or to take possession of and impound such person's bicycle so operated by the violator
at the time of such violation, for a period not exceeding thirty days, or by any combination
thereof, or such minor may be dealt with in accordance with the provisions of the laws of the
state governing juvenile delinquents.
(Prior code, § 11.04.565; Code ????, § 10.48.200)
Chapter 10.52
PEDESTRIANS
Sections:
10.52.010 Pedestrians subject to restrictions and traffic-control signals. 10.52.020 Crosswalks--Pedestrian right-of-way.
10.52.030 Crosswalks--Method of use.
10.52.040 Crossing roadways--Shortest route required.
10.52.050 Crossing roadways--Yielding right-of-way required when.
10.52.060 Crossing roadways--Locations where prohibited.
10.52.070 Walking along roadways--Conditions--Soliciting rides prohibited.
10.52.080 Driver precautions for pedestrian safety.
10.52.010 Pedestrians subject to restrictions and traffic-control signals.
Pedestrians shall be subject to traffic-control signals, but at all other places pedestrians shall
be granted those rights and be subject to the restrictions stated in this chapter.
(Prior code, § 11.04.430; Code ????, § 10.52.010)
183 Use the general penalty instead?
Page 348 of 924
10.52.020 Crosswalks--Pedestrian right-of-way.
A. When traffic-control signals are not in place or not in operation, the driver of a vehicle
shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian
crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the
opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb
or other place of safety and walk or run into the path of a vehicle, which is so close that is
impossible for the driver to yield.
B. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk
at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not over-take and pass such stopped vehicle.
(Prior code, § 11.04.435; Code ????, § 10.52.020)
10.52.030 Crosswalks--Method of use.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
(Prior code, § 11.04.440; Code ????, § 10.52.030)
10.52.040 Crossing roadways--Shortest route required.
No pedestrian shall cross a roadway at any place other than by a route at right angles to the
curb or by the shortest route to the opposite curb, except in a crosswalk.
(Prior code, § 11.04.445; Code ????, § 10.52.040)
10.52.050 Crossing roadways--Yielding right-of-way required when.
A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk
or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles
upon the roadway.
B. The foregoing rules in this section have no application under the conditions stated in
Section 10.52.060 when pedestrians are prohibited from crossing at certain designated places.
(Prior code, § 11.04.450; Code ????, § 10.52.050)
10.52.060 Crossing roadways--Locations where prohibited.
A. Between adjacent intersections at which traffic-control signals are in operation,
pedestrians shall not cross at any place except in a crosswalk.
B. No pedestrians shall cross a roadway other than in a crosswalk in Parts I and II of the business district, or on any through or arterial street or avenue.
(Prior code, § 11.04.455; Code ????, § 10.52.060)
10.52.070 Walking along roadways--Conditions--Soliciting rides prohibited.
A. Where sidewalks are provided, it is unlawful for any pedestrian to walk along and upon
an adjacent roadway.
Page 349 of 924
B. Where sidewalks are not provided, any pedestrian walking along and upon a highway
shall, when practicable, walk only on the left side of the roadway or its shoulder, facing traffic
which may approach from the opposite direction.
C. No person shall stand in a roadway for the purpose of soliciting a ride from the driver of
any vehicle.
(Prior code, § 11.04.460; Code ????, § 10.52.070)
10.52.080 Driver precautions for pedestrian safety.
Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall
exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon
observing any child or any confused or incapacitated person upon a roadway.
(Prior code, § 11.04.465; Code ????, § 10.52.080)
Chapter 10.56
TRAFFIC ACCIDENTS AND VIOLATIONS
Sections:
10.56.010 Report accidents immediately.
10.56.020 Duty to stop in event of accident--Penalty for violation.
10.56.030 Traffic accident reports--Police department duties.
10.56.040 Traffic violations--Police department duties.
10.56.010 Report accidents immediately.
The driver of a vehicle involved in an accident resulting in injury to or death of any person or
property damage to an apparent extent of one hundred dollars or more, shall immediately by
the quickest means of communication give notice of such accident to the police department if
such accident occurs within this city.
(Prior code, § 11.04.360; Code ????, § 10.56.010)
10.56.020 Duty to stop in event of accident--Penalty for violation.
A. The driver of any vehicle involved in an accident resulting in injury or death to any
person or damage to property shall immediately stop such vehicle at the scene of the
accident, and shall give his name and address and registration number of his vehicle to the
person struck or to the driver or occupants of any vehicle collided with, or other persons
owning or in possession of other property damaged, and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or
surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or is requested by the injured person.
B. Every person convicted under this section upon a charge of failure to stop after an
accident resulting in injury or death of any person shall be punished by imprisonment in the
city jail for not less than ten days nor more than ninety days, or by a fine of not exceeding
three hundred dollars, or by both such fine and imprisonment. Any person convicted under
this section upon a charge of failure to stop after an accident resulting in damage to property
Page 350 of 924
shall be punished by imprisonment in the city jail for not less than five days and not more
than thirty days, or by a fine not exceeding fifty dollars or by both such fine and
imprisonment.
(Prior code, § 11.04.355; Code ????, § 10.56.020)
10.56.030 Traffic accident reports - Public safety department duties - police.
A. The department of public safety-police shall maintain a suitable system of filing traffic-
accident reports. Accident reports or cards referring to them shall be filed alphabetically by
location.
B. The department of public safety-police shall receive and properly file all accident reports made to it under state law or under any ordinance of this city, but all such accident reports
made by drivers shall be for the confidential use of the department of public safety-police and no such report shall be admissible in any civil or criminal proceeding other than upon request
of any person making such report or upon request of the court having jurisdiction to prove a
compliance with the laws requiring the making of any such report."
(Prior code, § 11.04.105; Code ????, § 10.56.030; Ord. No. 1537, § 21, 5-29-2001; Ord. No.
1640, § 5, 6-6-2005)
10.56.040 Traffic violations - Public safety department duties - police.
A. The department of public safety-police or the operations division thereof shall keep a
record of all violations of the traffic ordinances of the city or of the state vehicle laws
applicable to street traffic in the city of which any person has been charged, together with a
record of the final disposition of all such alleged offenses. Such record shall be so maintained
as to show all types of violations and the total of each. The record shall accumulate during at
least a five-year period, and from that time on the record shall be maintained complete for at least the most recent five-year period.
B. All forms for records of violations and notices of violations shall be serially numbered.
For each month and year, a written record shall be kept available to the public, showing the
disposal of all such forms."
(Prior code, § 11.04.100) ; Code ????, § 10.56.040; Ord. No. 1537, § 22, 5-29-2001; Ord. No.
1640, § 6, 6-6-2005)
Chapter 10.60
ENFORCEMENT
Sections:
10.60.010 Enforcement--Authority of police and fire department officials.
10.60.020 Impoundment of vehicles authorized when--Procedures required. 10.60.030 Violation of Chapters 10.04 through 10.60--Penalty.
10.60.040 Procedure upon arrest.
10.60.050 Fine or imprisonment authorized.
10.60.060 Fines and forfeitures--Disposition.
10.60.010 Enforcement - Authority of police and fire officials.
A. It shall be the duty of the police of the department of public safety-police or such
Page 351 of 924
officers as are assigned by the director of public safety-police to enforce all street traffic laws
of the city and all of the state vehicle laws applicable to street traffic in the city.
B. Police officers of the department of public safety-police, or such officers as are assigned
by the director of public safety-police, are authorized to direct all traffic by voice, hand or
signal, in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the department of
public safety-police may direct traffic as conditions may require notwithstanding the provisions
of the traffic laws.
C. Fire officers of the department of public safety-fire, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity."
(Prior code, § 11.04.115; Code ????, § 10.60.010; Ord. No. 1537, § 23, 5-29-2001; Ord. No.
1640, § 7, 6-6-2005)
10.60.020 Impoundment of vehicles authorized when--Procedures required.
A. Members of the department of public safety-police are authorized to remove a vehicle
from a street, highway or public parking lot to the nearest garage or other place of safety, or
to a garage designated or maintained by the department of public safety-police, or otherwise maintained by this city under the circumstances hereinafter enumerated:
1. When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any
tube or tunnel where such vehicle constitutes an obstruction to traffic;
2. When a vehicle upon a street or highway is so disabled as to constitute an obstruction
to traffic and the person or persons in charge of the vehicle are, by reason of physical injury,
incapacitated to such an extent as to be unable to provide for its custody or removal;
3. When any vehicle is left unattended upon a street or highway and is so parked illegally
as to constitute a definite hazard or obstruction to the normal movement of traffic;
4. When any vehicle is parked in a two-away zone;
5. When any vehicle is parked illegally for a period of more than six hours;
6. When any vehicle is abandoned on any street, highway or public parking lot operated
by the city by not being moved or used for more than seven consecutive days, and such a
vehicle is apparently deserted."
B. Whenever an officer removes a vehicle from a street, highway or public parking lot as authorized in this section and the officer knows or is able to ascertain from the registration
records in the vehicle the name and address of the owner thereof, the officer shall, within a reasonable time, make every reasonable effort to ascertain the identity of and to locate the
owner of the vehicle and to give or cause to be given notice in writing to the owner of the fact
of such removal and the reasons therefor, and of the place to which the vehicle has been
removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall
be given to the proprietor of such garage.
C. Before the owner or person entitled to possession of any vehicle removed and impounded, as provided herein, is permitted to remove the same from the custody of the city,
he shall furnish evidence of his identity and ownership of the vehicle, or right of possession
Page 352 of 924
thereto, shall sign a receipt for the vehicle, or right of possession thereto, shall sign a receipt
for the vehicle, and shall pay any towing charges incurred by the city in towing said vehicle,
and shall pay such charges for the storage of the vehicle as shall have been incurred by the
city.
D. The payment of such fees and charges, as provided in this chapter, shall not operate to relieve the owner or operator of such vehicle from liability from any fine or penalty for the
violation of any law or ordinance on account of which such vehicle was removed and
impounded.
(Prior code, § 11.04.775; Code ????, § 10.60.020; Ord. No. 1141, 1983; Ord. No. 1537, § 24,
5-29-2001; Ord. No. 1640, § 8, 6-6-2005)
10.60.030 Violation of Chapters 10.04 through 10.60--Penalty.184
A. Except as provided in subsection B below, any person violating any of the provisions of
Chapters 10.04 through 10.60, or any rule or regulation made by the director of public safety
pursuant thereto, shall unless otherwise specifically designated herein, upon conviction thereof
by punished by a fine not exceeding one hundred dollars or by imprisonment in the city jail
not exceeding thirty days, or by both such fine and imprisonment.
B. Any person violating the provisions of Section 10.32.040 shall, upon conviction thereof, be punished by a fine of not less than fifteen dollars nor more than one hundred dollars, or by
imprisonment in the city jail not exceeding thirty days, or by both such fine and imprisonment.
(Prior code, § 11.04.755; Code ????, § 10.60.030; Ord. No. 1104 § 1, 1982)
10.60.040 Procedure upon arrest.
Any person, except a minor under eighteen years of age, arrested for violation of Chapters
10.04 through 10.60, shall be dealt with in accordance with the provisions of the ordinances of the city concerning and relating to process and execution of sentence. Minors under eighteen
years of age shall be dealt with as provided in the laws of the state relating to juvenile
delinquency.
(Prior code, § 11.04.765; Code ????, § 10.60.040)
10.60.050 Fine or imprisonment authorized.
A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied, in the proportion of one day's imprisonment for each two dollars of the fine.
(Prior code, § 11.04.760; Code ????, § 10.60.050)
10.60.060 Fines and forfeitures--Disposition.
All fines or forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of Chapters 10.04 through 10.60 shall be paid
to the director of finance, and shall be credited to the several funds as by ordinance provided.
(Prior code, § 11.04.770; Code ????, § 10.60.060)
184 There are many municipal civil infractions in this title. Use the general penalty for the
misdemeanors?
Page 353 of 924
Chapter 10.64
ABANDONED OR JUNKED VEHICLES
Sections:
10.64.010 Leaving abandoned, wrecked or junked vehicles on private property
prohibited when--Removal.
10.64.020 Removal notice--To owner of vehicle or land.
10.64.030 Removal notice--Public posting required when--Form. 10.64.040 Removal of vehicle by city or contractor authorized when--Costs.
10.64.050 Contract for removal--Authority of city manager.
10.64.010 Leaving abandoned, wrecked or junked vehicles on private property
prohibited when--Removal.
A. It is unlawful to park, store or leave, or permit parking or storing of any licensed or
unlicensed motor vehicle or any kind, or part(s) thereof, for a period of time in excess of
seventy-two hours, which is in rusted, wrecked, junked, partially dismantled or inoperative or abandoned condition, whether attended or not, upon any private property within the city
limits, unless it is completely enclosed within a building, or unless it is in connection with a
business enterprise lawfully situated and licensed for same.
B. The accumulation and storage of two or more of such vehicles or part(s) thereof as
hereinbefore defined on private property shall constitute a nuisance, detrimental to the health,
safety and welfare of inhabitants of the city, and it shall be the duty of the registered owner of such vehicle or part(s) thereof, and it shall also be the duty of the owner of the private
property, or lessee or other person in possession of private property upon which such vehicle or part(s) thereof is located, to remove same from the city limits, or to have the same housed
in a building where it will not be visible from the street.
(Prior code, § 6.38.220; Code ????, § 10.64.010)
10.64.020 Removal notice--To owner of vehicle or land.
A. It shall be the duty of the director of public welfare to give written notice to the
registered owner of any motor vehicle or part(s) thereof which is in violation of Section
10.64.010, or to give such notice to the owner or lessee of private land upon which the motor
vehicle or part(s) thereof is situated, giving notice that the vehicle or part(s) thereof violates
Section 10.64.010, and demanding that the motor vehicle or part(s) thereof be removed from
the city limits within seventy-two hours from the time of service of notice, or that within
seventy-two hours same may be housed in a building where it will not be visible from the street. The notice may be given by personal service, or by certified mail, with a return receipt
requested.
B. Written notice required by this section shall be deemed to have been given (i.e.,
constructive notice) when the registered owner of the motor vehicle or part(s) thereof, or the
owner, lessee or other person in possession of private property concerned herein either:
1. Refuses to accept the prepaid United States mail certified letter from the city and letter
is returned from the post office marked "refused"; or
Page 354 of 924
2. The person to be notified is present in the city but the notification letter is returned
marked "unclaimed" by the post office, in which event notice by the city may be made by
affixing the letter in a conspicuous place at the main entrance or to the front door of the
residence of such person.
(Prior code, § 6.38.230 Code ????, § 10.64.020)
10.64.030 Removal notice--Public posting required when--Form.
A. After diligent search and inquiry by the director of public welfare, no written notice as
above shall be required where the registered owner of such vehicle or part(s) thereof or the
owner of the private property or lessee or other person in possession of private property upon
which such vehicle or part(s) thereof is located cannot be found or determined, but instead a public notice shall be posted by the city clerk in three public places in the city for five
consecutive days.
B. Such public notice shall include, among other information: "Public Notice; To Whom It
May Concern," date, legal description of the situs, address of same, a full description of the
motor vehicle or part(s) thereof, when available, the last known owner of the vehicle and/or
owner of the realty or last known person in possession of the situs, and the date from or approximate period of time during which the nuisance has existed.
(Prior code, § 6.38.240 Code ????, § 10.64.030)
10.64.040 Removal of vehicle by city or contractor authorized when--Costs.
In the event that any of the aforesaid persons, whether an individual, firm or corporation,
fails, neglects or refuses to remove the abandoned, wrecked or junked vehicle or part(s)
thereof, or house same in the building as provided in subsection B of Section 10.64.010, and
abate the nuisance after the required notice, the city, its agent or contractor may remove the
vehicle or part(s) thereof at the cost not to exceed twenty-five dollars and a minimum cost of five dollars as determined by the city; which cost shall, if in the best interests of the city as
determined by the city manager, be collected from the registered owner of such vehicle or
part(s) thereof or the owner of the private property or lessee or other person in possession of
private property upon which such vehicle or part(s) thereof is located. Ownership of any
vehicle or part(s) thereof removed by the city, its agent or contractor shall, upon such removal, be vested in the city, its agent or contractor, as applicable.
(Prior code, § 6.38.250 Code ????, § 10.64.040)
10.64.050 Contract for removal--Authority of city manager.
The city manager is authorized to enter into a written agreement with a duly licensed junk
dealer for the removal of abandoned, wrecked or junked vehicles or part(s) thereof under this
chapter wherein the consideration for the services of the junk dealer shall be the vehicle or part(s) thereof at no expense to the city. The junk dealer, before entering into contract with
the city or being appointed its agent or contractor in reference to Sections 10.64.040 and 10.64.050, shall furnish evidence of public liability insurance, to adequately protect such agent
or contractor and the city, deemed reasonable in the opinion of the city manager. In the event
a qualified and suitable junk dealer is not available to contract with or act as the city's agent
or contractor as provided herein, the city manager is authorized to contract with the lowest
responsible bidder to provide for the removal from private property of abandoned, wrecked or
junked vehicles or part(s) thereof under Section 10.64.040.
(Prior code, § 6.38.260 Code ????, § 10.64.050)
Page 355 of 924
Title 11
Eminent Domain
11.01.010 Extent of power.
The City shall have the power, known as eminent domain, to condemn and take property for all public purposes and City uses and purposes. The extent of the power and authority shall
not be limited to the uses described in MCA Title 70, Chapters 30 and 31 (MCA 70-30-101 et seq, and MCA 70-31-101 et seq,) and Urban Renewal Law, MCA Title 7, Chapter 15, parts 42
and 43 (MCA 7-15-4201 et seq. and MCA 7-15-4301 et seq.); but shall be limited as follows:
A. Prohibiting Eminent Domain for Economic Development. Notwithstanding any
other provision of law, neither this City nor any of its subdivisions shall use eminent domain to
take private property for economic development without the consent of the owner.
B. Economic Development. The term "economic development" means the use of powers
of eminent domain to acquire private property for private use in the implementation of an
urban renewal project or similar redevelopment plan.
C. Prohibiting Transfer of Condemned Property to Private Parties. Notwithstanding
any other provision of law, private property acquired through eminent domain without the
consent of the owner shall not be dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period of ten
(10) years following the acquisition of the property by the City, except that property may be transferred or leased (1) to private entities that are public utilities or common carriers such as
a railroad or toll road; and (2) to private entities that occupy an incidental area in a public
project, such as a retail establishment on the ground floor of a public building."
(Ord. No. 1552, § 1(11.01.010), 12-3-2001; Ord. No. 1652, § 1, 11-11-2005)
11.01.020 Initiation of condemnation.
The city shall initiate all eminent domain actions by the city commission passing a resolution
declaring the public purpose for which the condemnation is being made, which resolution shall
describe the property to be taken, the extent of the interest condemned. The resolution shall
authorize the city officials to proceed.
Ord. No. 1552, § 1(11.01.020), 12-3-2001)
11.01.030 Effect of resolution.
The passage of the resolution initiating condemnation and taking of private property for any
public use declared in the resolution is conclusive as to the necessity of the taking.
Ord. No. 1552, § 1(11.01.030), 12-3-2001)
11.01.040 Eminent domain procedure.
The eminent domain procedures shall follow the state statutes.
Page 356 of 924
Ord. No. 1552, § 1(11.01.040), 12-3-2001)
State law reference—Eminent domain, MCA 70-30-101 et seq.
11.01.050 State law superseded.
MCA 7-5-4106 is hereby superseded and the Urban Renewal Law as set forth in MCA Title 7, Chapter 15, Parts 42 and 43 (MCA 7-15-4201 et seq., MCA 7-15-4301 et seq.), where
inconsistent herewith is hereby superseded. It is the intent of this chapter that the city may
take full advantage of the urban renewal law by following the procedures set forth herein and
shall not be restricted in the exercise of powers of eminent domain for the purposes
described in the urban renewal law by the provisions thereof."
Ord. No. 1552, § 1(11.01.050), 12-3-2001)
Page 358 of 924
Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 Street Grades 12.08 Building Numbers
12.12 Street Maintenance
12.14 Tree Maintenance District
12.16 Street Maintenance District
12.20 Sidewalk and Curb Construction 12.24 Snow Removal From Sidewalks
12.26 Park Regulations 12.28 Public Concerts
12.30 Trees and Other Vegetation
12.32 Parades and Public Assemblies
Chapter 12.04
STREET GRADES
Sections:
12.04.010 Datum line for establishment of street grades--Bench marks.
12.04.010 Datum line for establishment of street grades--Bench marks.
A datum line, or base, from which the grades of the several streets and avenues within the city shall be determined, is hereby defined, fixed and designated by reference to the following
described bench marks, as follows:
A. The top of the sandstone base at the foot of the iron column on the west-side main
entrance to the fire engine room in the building known as the City Hall, situated at the
southwest corner of East Main Street and Rouse Avenue, is seven hundred and ninety-four and
four one-hundredths (794.04) feet above datum.
B. The top of the first stone step above the sidewalk, at the west end of the steps and front edge of same, at the front entrance of the Bozeman National Bank in the building known
as the Krueger Block, situated at the southwest corner of Main Street and Bozeman Avenue, is
seven hundred and ninety-three and ninety-nine one-hundredths (793.99) feet above datum.
C. The top of the stone ball at the front entrance to the courthouse, at the foot of the steps, on the east side, is eight hundred and one and six one-hundredths (801.06) feet above
datum.
(Prior code, § 9.04.010; Code ????, § 12.04.010)
Chapter 12.08
BUILDING NUMBERS
Sections:
12.08.010 Purpose of chapter provisions. 12.08.020 Official map adopted.
Page 359 of 924
12.08.030 Numbers assigned before 1920.
12.08.040 Numbering buildings required.
12.08.050 City engineer to assign numbers.
12.08.060 Numbering system described--Base lines.
12.08.070 Affixing numbers to buildings--Owner or occupant responsibility.
12.08.080 Style and location of numbers. 12.08.090 Alley numbering system.
12.08.100 Numbers procured by city.
12.08.110 Violation--Penalty.
12.08.010 Purpose of chapter provisions.
In order to establish a uniform system of numbering houses, private, public or business, within the city, all houses, private, public or business, fronting on streets, avenues and public
highways within the city shall be numbered as provided in this chapter.
(Prior code, § 9.08.010; Code ????, § 12.08.010)
12.08.020 Official map adopted.
The map or plat heretofore prepared by the city engineer under date of October, 1919,
designated as "Map of Bozeman, Montana, Showing House Numbering System," is hereby referred to and made a part of this chapter, and shall govern in all matters relating to the
numbering of houses, private, public and business, as provided in this chapter.
(Prior code, § 9.08.020; Code ????, § 12.08.020)
12.08.030 Numbers assigned before 1920.
The numbers assigned before 1920 to houses, private, public or business, except as provided
in this chapter, shall remain the numbers of such houses, respectively, until otherwise changed by the commission.
(Prior code, § 9.08.030; Code ????, § 12.08.030)
12.08.040 Numbering buildings required.
It is hereby made the duty of the owner, agent or person in possession of every house, private, public or business, in the city, to number it as provided in this chapter.
(Prior code, § 9.08.040; Code ????, § 12.08.040)
12.08.050 City engineer to assign numbers.
The city engineer shall assign to each house, private, public or business, in the city, its proper
number, and upon application shall deliver, free of charge, to the owner or occupant thereof, a
certificate designating the number.
(Prior code, § 9.08.050; Code ????, § 12.08.050)
12.08.060 Numbering system described--Base lines.
A. All streets and avenues running north and south shall be numbered from Main Street as
a base or division line and shall be numbered north and south therefrom. All streets running
east and west shall be numbered from Tracy Avenue as a base or division line and shall be
numbered east and west therefrom. The initial number in each instance shall be zero.
Page 360 of 924
B. One hundred numbers shall be assigned to the houses, private, public or business, on
any street or avenue in any block. On both sides of Main, Babcock and Mendenhall Streets,
between Wallace Avenue and Third Avenue, one number shall be given for every fifteen feet
fronting on said streets. On both sides of Wallace Avenue, Church Avenue, Rouse Avenue,
Bozeman Avenue, Black Avenue, Tracy Avenue, Central Avenue, Grand Avenue and Third Avenue, between Babcock Street and Mendenhall Street, one number shall be given for each
fifteen feet fronting thereon. On both sides of all other streets and avenues, or parts of streets
and avenues, one number shall be given for each twenty-five feet fronting thereon.
C. Houses, private, public or business, on the north and west sides of streets and avenues shall be given odd numbers, and houses, private, public or business, on the south and east
sides of streets and avenues shall be given even numbers.
D. In numbering, only full blocks shall be given one hundred numbers; blocks
approximately double the ordinary frontage shall be given two hundred numbers. Across all
undivided tracts of land intervening between portions laid out into blocks, the lines of all
streets or avenues shall be considered to cross in regular continuation of streets in additions
adjoining.
(Prior code, § 9.08.060; Code ????, § 12.08.060)
12.08.070 Affixing numbers to buildings--Owner or occupant responsibility.
It is the duty of every owner or occupant of every house, private, public or business, and the
agents of such owners of such houses upon all streets and avenues of the city to number
buildings in accordance with the provisions of this chapter, and it is unlawful for any such
owner, occupant or agent to retain or use, or permit to remain upon any such house, any
other number than the number designated by this chapter for such house. It shall be the duty of every such owner, occupant or agent, upon notice from the city engineer or any person
designated by him, to cause the official number to be placed upon every house so owned or
occupied by such owner or occupant, or for which such agency may exist, such numbering to
be done in the manner provided in this chapter within thirty days after service of such notice.
(Prior code, § 9.08.070; Code ????, § 12.08.070)
12.08.080 Style and location of numbers.
All numbers shall be of some metallic substance, or porcelain, or may consist of gilt lettering
on the inside of a glass transom or door, and shall be distinctly legible and at least three
inches high, and all such metal or porcelain figures or lettering shall be in a conspicuous place
where the number can be easily seen from the middle of the street.
(Prior code, § 9.08.080; Code ????, § 12.08.080)
12.08.090 Alley numbering system.
Every alley running east and west shall take the number of the street south of it, and every
alley running north and south shall take the name of the street or avenue east of it. All alleys
shall take the same numbers as the streets or avenues from which they are named, the even
numbers being on the south and east sides and the odd numbers being on the north and west
sides thereof.
(Prior code, § 9.08.090; Code ????, § 12.08.090)
Page 361 of 924
12.08.100 Numbers procured by city.
The city engineer shall, and it is his duty to arrange with some business house in the city to
procure a supply of standard figures to number houses as provided in this chapter, and
thereafter keep on hand a sufficient supply therefor, which numbers shall be furnished to
owners, occupants and agents of houses at a minimum and standard price therefor.
(Prior code, § 9.08.100; Code ????, § 12.08.100)
12.08.110 Violation--Penalty.
Every owner or occupant, or agent of any owner of any house, private, public or business, now
erected or hereinafter to be erected in the city who fails, neglects or refuses, wilfully or otherwise, to comply with the terms and provisions of this chapter, shall be guilty of a
misdemeanor, and each day's continuance of an act forbidden, or omission of a duty required, shall constitute a separate and distinct offense and be fined and punished accordingly.
(Prior code, § 9.08.110; Code ????, § 12.08.110)
Chapter 12.12
STREET MAINTENANCE
Sections: 12.12.010 Street names to be as shown on official map.
12.12.020 Streets and public places to be kept clear of obstructions and debris.
12.12.030 Work in streets--Permit required--Interfering with authorized work
prohibited.
12.12.040 Obstructing or encumbering streets--Permit required.
12.12.050 Structures in streets--Permit required.
12.12.060 Obstructions--Warning signals required. 12.12.070 Removal of litter or obstructions--Notice--Work performed by city when-
-Costs.
12.12.080 Removal of obstructions--Time limit--Interfering when work performed
by city prohibited.
12.12.090 Lotteries or gambling in streets or public places prohibited. 12.12.100 Violation--Penalty.
12.12.010 Street names to be as shown on official map.
The several streets, avenues, alleys and public places and extensions of the same in the city
shall hereafter be known and designated by the name applied thereto respectively on the
maps and plats of the city, and additions, filed in the offices of the city clerk and the county clerk and recorder of Gallatin County.
(Prior code, § 9.12.010; Code ????, § 12.12.010)
12.12.020 Streets and public places to be kept clear of obstructions and debris.
Except as otherwise provided by this Code, streets, avenues, alleys and public places of the
city, including sidewalks, shall at all times be kept free, clear and clean of all obstructions,
debris, encumbrances and encroachments which hamper or interfere with the free and safe
use thereof by the public."
(Prior code, § 9.12.020; Code ????, § 12.12.020; Ord. No. 1567, § 1, 9-9-2002)
Page 362 of 924
12.12.030 Work in streets--Permit required--Interfering with authorized work
prohibited.
No person shall impede, obstruct, or tear up any pavement, sidewalk or crosswalk, or any part
thereof; dig any hole, shaft, ditch or drain; or dig or remove any sod, earth, stones, sand or gravel from any street, avenue, alley and public place without first having obtained a permit
from the director of public service or designee; or hinder or obstruct the making or repairing
of any public improvement or work ordered or done by, or under the authority of the city.
Permits for excavations in paved streets or alleys shall be subject to an application fee and a pavement degradation fee as established by resolution. Newly constructed streets,
reconstructed streets, or streets that have been repaved shall be considered protected streets for a period of five years following construction. Permits for excavations in protected streets
shall be subject to an additional pavement degradation surcharge as established by resolution.
All applicants requesting permits to excavate in any public right-of-way shall either file or have
on file with the director of public service or designee a street opening bond prior to conducting
any work in the public right-of-way. The company writing the bonds shall be licensed to do
business in the State of Montana.
All applicants requesting permits to excavate in any public right-of-way shall either file or have
on file with the director of public service or designee proof of general liability insurance
coverage, prior to conducting any work in the public right-of-way. The insurance company shall
be licensed to do business in the State of Montana.
The amount of bonding and insurance coverages required shall be as established by resolution.
Pavement degradation fees or surcharges shall not be required for emergency utility repair work; installation of new fire sprinkler service lines required by the City Fire Marshal, if no
alternate connection point is available; or for infrastructure improvement work being done
under the City's Capital Improvements Program.
Pavement degradation fees shall be deposited into the Street Maintenance Fund."
(Prior code, § 9.12.030; Code ????, § 12.12.030; Ord. No. 1591, § 1, 3-17-2003)
12.12.040 Obstructing or encumbering streets--Permit required.
No person, association, company or corporation shall encumber or obstruct, or cause to be
encumbered or obstructed any street, avenue, alley or other public place in the city by placing
therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever,
without first having obtained permission in writing from the director of public service of the
city.
(Prior code, § 9.12.040; Code ????, § 12.12.040)
12.12.050 Structures in streets--Permit required.
No building or other structure, in whole or in part, shall be erected or placed upon any street, avenue, alley or public place within the city without permission in writing of the director of
public service first had and obtained.
Page 363 of 924
(Prior code, § 9.12.060; Code ????, § 12.12.050)
12.12.060 Obstructions--Warning signals required.
When permission shall have been granted, as provided in this chapter, for the use of any portion of a street, avenue or public place of the city for any purpose whatsoever, the
permittee shall cause torches or red lights to be set in such number and location in and about said street, avenue, alley or public place as will serve to, and give reasonable, proper and
timely warning of danger or hazard to all persons lawfully using such street, avenue, alley or
public place, or any part thereof, and shall take all other reasonably necessary precautions to
prevent accidents to the public. The lights and protection shall be maintained between dusk
and dawn of each and every day the street, avenue, alley or public place is rendered hazardous or unsafe for usual and customary use. Failure or omission to protect against
accident, as in this section provided, shall forthwith work a forfeiture of any permit which may have been granted with reference thereto.
(Prior code, § 9.12.080; Code ????, § 12.12.060)
12.12.070 Removal of litter or obstructions--Notice--Work performed by city when-
-Costs.
The director of public service is authorized to order any article or thing whatsoever, including
but not limited to accumulated snow and ice removed from an adjoining private premises, which encumbers, litters or obstructs any street, avenue, alley or other public place within the
city, to be removed. If such removal is not made within six hours after notice to the owner or
person in charge thereof to remove the same, or if the owner cannot be readily found for the
purpose of such notice, the director of public service shall cause the same to be removed to
some suitable place to be designated by the director, at the expense of the person, corporation
or association responsible therefor, and under the pains and penalties as hereinafter provided
for violations of this chapter.
(Prior code, § 9.12.050; Code ????, § 12.12.070)
12.12.080 Removal of obstructions--Time limit--Interfering when work performed
by city prohibited.
Any building, fence, porch, steps, gallery or other obstruction now upon or hereafter placed or erected upon any street, avenue, alley or public place within the city, or which may be upon
any new street, avenue, alley or public place which may hereafter be opened or created within the city, shall be removed therefrom within such reasonable time, not exceeding thirty days,
and not less than three days after notice in writing has been given to the owner or person
responsible for such obstruction shall be given by the director of public service; and if the
owner or person responsible for such obstruction cannot be readily found for the purpose of
such notice, it shall be the duty of the director of public service to cause the obstruction to be removed, in his discretion; and the expense of such removal shall be recoverable from the
owner or person responsible for the obstruction in addition to the penalties herein provided; and every person who interferes with, resists or obstructs by acts or threats, or in any other
manner, the removal of such obstruction under the order or direction of the director of public
service, is guilty of a violation of this chapter.
(Prior code, § 9.12.070; Code ????, § 12.12.080)
Page 364 of 924
12.12.090 Lotteries or gambling in streets or public places prohibited.185
The conducting or carrying on of any lottery, raffle, game of chance, or any gambling game of
any nature or description, in or upon any street, avenue, alley or public place of the city, is
prohibited.
(Prior code, § 9.12.090; Code ????, § 12.12.090)
12.12.100 Violation--Penalty.186
Violations of this chapter shall be punishable by a fine not more than three hundred dollars, or
by imprisonment of not less than three days or more than ninety days, or by both such fine
and imprisonment.
(Prior code, § 9.12.100; Code ????, § 12.12.100)
Chapter 12.14
TREE MAINTENANCE DISTRICT
Sections:
12.14.010 Definitions. 12.14.020 Method of planting and maintaining trees.
12.14.030 Method of paying for maintenance.
12.14.010 Definitions.
The word "maintenance" as used in this chapter means the planting, pruning and removal of
trees. Routine watering does not come within the definition of maintenance as used in this chapter.
(Code ????, § 12.14.010; Ord. No. 1311 § 1, 1990)
12.14.020 Method of planting and maintaining trees.
All planting and maintenance of trees in all public places, right-of-ways and parks to be done
within the district or districts created by the city may be done by contract or by forces
employed by the city, or by both, in such manner as the commission may elect.
(Code ????, § 12.14.020; Ord. No. 1311 § 2, 1990)
12.14.030 Method of paying for maintenance.
A. The city commission shall estimate, as near as practicable, the cost of the maintenance
in each established district annually, before the first Monday in September. The commission
shall pass and finally adopt a resolution specifying the district assessment option and levying
and assessing all the property within each established district.
B. The resolution levying the assessment to defray the cost of maintenance shall contain
or refer to a list in which shall be described the lot or parcel of land assessed, with the name
185 This is an odd section. Would you prefer a general no gambling section in title 9. 186 Use the general penalty instead?
Page 365 of 924
of the owner thereof if known, and the amount levied thereon set opposite.
C. Such resolution shall be kept on file in the office of the clerk of the commission for
public inspection.
D. A notice of intent to adopt such resolution, signed by the clerk of the commission, stating that the resolution levying the special assessment to defray the cost of maintenance in
each established district is on file in the clerk of the commission's office and subject to
inspection for a period of five days, shall be published at least once in a newspaper published
in the city. The notice shall state the time and place at which objections to the final adoption of
the resolution will be heard by the commission. The time for the hearing shall be not less than five days after the publication of the notice.
E. At the time so set, the commission shall meet and hear all objections which may be
made to such assessment or any part thereof and may adjourn from time to time for that
purpose and may by resolution modify such assessment in whole or in part.
F. A copy of the resolution, certified by the clerk of the commission, must be delivered to
the city treasurer and the assessments shall be placed upon the tax roll and collected in the
same manner as other taxes and assessments.
(Code ????, § 12.14.030; Ord. No. 1429 § 1, 1996: Ord. No. 1311 § 3, 1990)
Chapter 12.16
STREET MAINTENANCE DISTRICT
Sections:
12.16.010 Definitions. 12.16.020 Method of maintenance.
12.16.030 Method of paying for maintenance.
12.16.010 Definitions.
The word "maintenance" as used in this chapter includes, but is not limited to, sprinkling,
graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping, flushing, snow removal and leaf and debris removal.
(Code ????, § 12.16.010; Ord. No. 1310 § 1, 1990)
12.16.020 Method of maintenance.
All street, alley and public place maintenance to be done within the district or districts created by the city may be done by contract or by forces employed by the city, or by both, in such
manner as the commission may elect.
(Code ????, § 12.16.020; Ord. No. 1310 § 2, 1990)
12.16.030 Method of paying for maintenance.
A. The city commission shall estimate, as near as practicable, the cost of the maintenance
in each established district annually, not later than the second Monday in August. The
commission shall pass and finally adopt a resolution specifying the district assessment option
and levying and assessing all the property within each established district with an amount
Page 366 of 924
equal to not less than seventy-five percent of the entire cost of such work.
B. The resolution levying the assessment to defray the cost of maintenance shall contain
or refer to a list in which shall be described the lot or parcel of land assessed, with the name
of the owner thereof if known, and the amount levied thereon set opposite.
C. Such resolution shall be kept on file in the office of the clerk of the commission for
public inspection.
D. A notice of intent to adopt such resolution, signed by the clerk of the commission,
stating that the resolution levying the special assessment to defray the cost of maintenance in each established district is on file in the clerk of the commission's office and subject to
inspection for a period of five days, shall be published at least once in a newspaper published in the city. The notice shall state the time and place at which objections to the final adoption of
the resolution will be heard by the commission. The time for the hearing shall be not less than
five days after the publication of the notice.
E. At the time so set, the commission shall meet and hear all objections which may be
made to such assessment or any part thereof and may adjourn from time to time for that
purpose and may by resolution modify such assessment in whole or in part.
F. A copy of the resolution, certified by the clerk of the commission, must be delivered to
the city treasurer and the assessments shall be placed upon the tax roll and collected in the
same manner as other taxes and assessments.
(Code ????, § 12.16.030; Ord. No. 1310 § 3, 1990)
Chapter 12.20
SIDEWALK AND CURB CONSTRUCTION187
Sections:
12.20.010 City engineer authority--Materials, construction and widths.
12.20.020 Establishing grades and setting stakes--Requirements before
construction. 12.20.030 Establishing grades and setting stakes--Charges.
12.20.035 Repair of sidewalks by abutting owners--Failure to repair. 12.20.040 Fees--Payments and deposit.
12.20.050 Permanent concrete sidewalks required--Variance permitted when.
12.20.060 Notice to construct curb or sidewalk--Form and contents.
12.20.070 Construction ordered by city--Warrant for payment of costs.
12.20.010 City engineer188 authority--Materials, construction and widths.
A. All sidewalks and curbs which may hereafter be constructed upon any street or avenue
in the city, whether ordered in by the city commission or constructed under the laws governing
special improvement districts, or installed by any contractor or property owner, or otherwise,
shall be constructed under the supervision, direction and inspection of the city engineer, and
out of such materials as may be prescribed by him.
187 Is this chapter intended to be superseded by Code ch. 18.44? 188 Is the city engineer a different person from the director of public service?
Page 367 of 924
B. All sidewalks constructed in the central business district of the city shall have a
minimum width of ten feet unless a variance is granted by majority vote of the city
commission. All other sidewalks constructed on any of the streets and avenues of the city shall
have a minimum width of five feet.
(Prior code, § 9.36.010; Code ????, § 12.20.010; Ord. No. 1235 § 1, 1987)
12.20.020 Establishing grades and setting stakes--Requirements before
construction.
No sidewalk or curb shall be constructed on any of the streets, avenues or alleys of the city
without the city engineer having first established and set the stakes for the grades thereof; and before any property owner or anyone in his behalf shall commence the construction of any
sidewalk or curb, he shall ascertain of the city engineer the cost for establishing the desired grade and stakes for the same, and shall pay the amount prescribed by the city engineer to
the director of finance, whose receipt exhibited to the city engineer shall be his authorization
for establishing the grades and setting the stakes.
(Prior code, § 9.36.030; Code ????, § 12.20.020)
12.20.030 Establishing grades and setting stakes--Charges.189
A. The charge for establishing grades and stakes shall be as follows:
1. For sidewalk or curb--twenty-five cents per front foot;
2. For curb and sidewalk--thirty cents per front foot.
B. The minimum charge to anyone shall be ten dollars and the maximum charge for one block shall be seventy-five dollars.
(Prior code, § 9.36.040; Code ????, § 12.20.030; Ord. No. 1235 § 2, 1987)
12.20.035 Repair of sidewalks by abutting owners--Failure to repair.
All owners or agents of owners with property abutting and fronting upon any street or alley
within the corporate limits of the city are required to keep the public sidewalks immediately
abutting their property in good order and repair. Each such owner shall be liable to the city for all losses to the city or recoveries from the city for damages to person or property of others
caused by his failure or that of his agents to repair and keep in good order and reasonably
safe condition all such sidewalks abutting and fronting his property within the corporate limits
of the city. The city may, at its discretion, through the director of public service, notify such
owner that repairs are necessary to put such sidewalk in good order and such owner shall,
within thirty days after such notification, under the supervision of the director of public
service, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the city may repair same and pay for such repairs. The amount so paid by
the city shall be lien upon the lot and may be enforced or the amount may be recovered
against the owner by a suit before any court of competent jurisdiction.
(Code ????, § 12.20.035; Ord. No. 1300 § 1, 1990: Ord. No. 1235 § 3, 1987)
189 The charges are rather low. Adopt by resolution?
Page 368 of 924
12.20.040 Fees--Payments and deposit.
All fees shall be paid to the director of finance and deposited in the general fund.
(Prior code, § 9.36.050; Code ????, § 12.20.040)
12.20.050 Permanent concrete sidewalks required--Variance permitted when.
Permanent concrete sidewalks shall be constructed within and upon all of the streets and
avenues of the city, provided that the city engineer of the city may issue a permit for the
construction of temporary sidewalks of other materials.
(Prior code, § 9.36.020; Code ????, § 12.20.050)
12.20.060 Notice to construct curb or sidewalk--Form and contents.
Whenever the city commission orders a sidewalk or curb, or either thereof, constructed in front
of any lot or parcel of land within the city, without the formation of a special improvement
district, pursuant to the provisions of MCA § 7-14-4109, or any acts supplementary thereto or
amendatory thereof, notice of such order of the city commission shall be given by the city
manager, to the owner or agent of such property, by mailing notice to his last known address, according to the requirements of Section 7-1-4120 MCA, and such notice shall be in
substantially the following form:
No._____ Bozeman, Montana, _____, 2019_____
TO___________________________
YOU ARE HEREBY NOTIFIED that the City Commission of the City of Bozeman, at its meeting,
held on the _____ day of _____, ordered the _____ of a cement concrete _____ in front of that certain lot or parcel of land owned by you, situated in the City of Bozeman, Montana, and
described as follows, to-wit:
Lots_______________________________________
Block ______________________________ Addition.
Said improvement to be constructed in accordance with said order and the approved specifications therefor, on file in the office of the City Engineer of said City, and at the
established grade of said street.
You will be allowed thirty days from and after the service of this notice upon you to construct,
or cause to be constructed, the said improvement as ordered, and if you shall fail or neglect to
construct, or cause same to be constructed, within the said period of time, the City of
Bozeman will construct, or cause to be constructed, the said improvement as ordered and will assess the cost thereof against the said property in front of which the same is constructed.
______________________________
City Manager
(Prior code, § 9.36.060; Code ????, § 12.20.060; Ord. No. 1235 § 4, 1987)
12.20.070 Construction ordered by city--Warrant for payment of costs.
Page 369 of 924
A. When any such sidewalk and curb, or either thereof, are constructed by or under the
direction of the city commission, payment for the construction thereof shall be made by
special warrants which shall be drawn upon a fund to be known as the "special sidewalk and
curb fund," and such warrants shall be in substantially the following form:
SPECIAL SIDEWALK AND CURB WARRANT
Bozeman, Montana
No._____ 2019_____ $_____
Bozeman, Montana, __________, 2019_____
The City of Bozeman, Montana, will pay to _____ OR BEARER HEREOF, the sum of
__________ DOLLARS on account of sidewalks and curbs constructed in said city. This
Warrant is issued under the provisions of MCA 7-14-4109 and Acts amendatory thereof and
supplementary thereto, and under resolutions and ordinances of said city relating to sidewalks
and curbs.
The principal and interest of this warrant are payable at the office of the office of the City Treasurer at Bozeman, Montana.
This warrant bears interest at the rate or rates designated by the successful bidder and
authorized and accepted by the City Commission from date of its registration as expressed
herein until date called for its redemption by the City Treasurer. The interest on this warrant is
payable on the first day of January in each year, until the payment of this warrant, as
expressed by the interest coupons hereto attached.
This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the City of Bozeman on or before the first day of January, A.D. 2019_____, at
any time there is money to the credit of the said Sidewalk and Curb Fund for the redemption
thereof and in the manner provided for the redemption of the same. The holder of this warrant
shall have no claim therefor against said City in any event except from the collection of special
assessments made to defray the cost of sidewalks and curbs for which this warrant is issued, but his remedy in case of nonpayment shall be confined to the enforcement of such
assessments.
IT IS HEREBY CERTIFIED AND RECITED that all acts and things required to be done precedent
to and in the issuance of this warrant have been properly done, approved and been performed
in the manner prescribed by the laws of the State of Montana and the resolutions of the City of
Bozeman, Montana, relating to the issuance hereof, and the interest coupons hereto attached are signed with the facsimile signatures of the Mayor and City Clerk.
THE CITY OF BOZEMAN, MONTANA
By____________________________
Attest: ______________________
City Clerk, as Clerk to the City Commission
Registered in the office of the Director of Finance of the City of Bozeman, Montana, this __________ day of ____________________, A.D. 2019_____, and redeemable at the option
of the City of Bozeman on or before the first day of January, A.D. 2019_____.
Page 370 of 924
_____________________________
Director of Finance
B. Such warrants shall be signed by the mayor and clerk of the city commission, and shall bear
the corporate seal of the city and shall have attached to them interest coupons, one for each
year's interest to become due thereon, and shall bear the facsimile signatures of the mayor and city clerk, and shall be in substantially the following form:
Coupon No._____. Special Sidewalk and Curb Fund $_____
On January 1, 2019_____, the Director of Finance of Bozeman, Montana, will at his office in the City of Bozeman, Montana, pay __________, or bearer, the sum of __________ Dollars,
being interest due on said date of payment on its Special Sidewalk and Curb Fund Warrant No. _____ issued on account of sidewalks and curbs.
THE CITY OF BOZEMAN
_______________________ __________, Mayor
City Clerk, as Clerk to the City Commission.
C. Such special sidewalk and curb warrants shall be issued in the denomination of one hundred
dollars each, or fractions thereof when necessary.
(Prior code, § 9.36.070; Code ????, § 12.20.070; Ord. No. 1235 § 5, 1987)
Chapter 12.22
Downtown Sidewalk Encroachment Permit Program
12.22.010 Purpose and Intent.
It is the intent of the City Commission, in enacting this ordinance to:
A. Serve and protect the health, safety and welfare of the general public;
B. Establish a uniform set of rules and regulations for sidewalk businesses and advertising in the Downtown Business District of the City of Bozeman that are fair and equitable; and
C. Develop a program that will enhance the overall appearance, ambiance and
environment in the Downtown Business District of the City of Bozeman;
(Ord. No. 1567 § 2(12.22.010), 9-9-2002)
12.22.020 Definitions
For the purposes of enforcement of this chapter, the following definitions apply:
A. "Block face" means that portion of all city sidewalks fronting the streets along
Mendenhall, Main, and Babcock Streets and lying between avenues running in a north-south
direction.
B. "Director" means the Director of Public Service and includes the Director's authorized representative.
Page 371 of 924
C. "Encroachment" means any fixture or device including but not limited to a showcase,
table, bench, rack, handcart, pushcart, sign, or stall, which intrudes into or invades the public
right of way.
D. "Portable Sign" means any sign as defined by 18.65.020 which is set in the public right
of way.
E. "Public Right of Way" means any area legally open to public use including but not
limited to public streets, sidewalks, roadways, highways, parkways, alleys, or parks as well as
areas surrounding and immediately adjacent to public buildings.
F. "Sidewalk" means all that area legally open to public use as a pedestrian public way
between the curb line and the legal building line of the abutting property.
G. "Sidewalk cafe" means any group of tables, chairs, benches, barriers or partitions, trash
containers and suitable decorative devices maintained upon any part of the public right-of-way
for use by an establishment with a valid food and drink permit in the sale to the public of food,
refreshments, and beverages of all kinds and is not a sidewalk vending cart.
H. "Sidewalk Display" means any showcase, table, bench, rack, sign, stall, kiosk, or any other fixture or device used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverage, goods, wares, merchandise, event, or
service upon a sidewalk.
I. "Sidewalk Vending Cart" means any handcart, pushcart, stall, or any other mobile
device that is used for the purpose of displaying, exhibiting, carrying, transporting, storing,
selling, or offering for sale any food, beverages, goods, wares, or merchandise upon a sidewalk.
J. "Special Event" means any occasion including but not limited to fairs, shows,
exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area
of the City of Bozeman."
(Ord. No. 1567 § 2(12.22.020), 9-9-2002; Ord. No. 1692 § 1, 2-12-2007)
12.22.030 Encroachment on Public Right of Way - prohibited.190
Except as otherwise provided by this Code, it is unlawful to obstruct the public right of way
with debris, encumbrances or encroachments of any kind which hamper or interfere with the
free and safe use or passage by the public.
(Ord. No. 1567 § 2(12.22.030), 9-9-2002)
12.22.040 Exception - Downtown Business District.
Vendors doing business on or between the north side of Mendenhall Street and south side of
Babcock Street and on or between the east side of Third Avenue and the west side of
Broadway Avenue shall be allowed to use City sidewalks provided in this chapter.
(Ord. No. 1567 § 2(12.22.040), 9-9-2002)
190 This section is broader than the area regulated under this chapter.
Page 372 of 924
12.22.050 Permit required.
Upon application, the Director may authorize the use of the City's sidewalk in the area
described in 12.22.040. All applications must include:
A. A completed Public Right-of-Way Encroachment Revocable Permit application including the name of the applicant, name of the business, address upon which the encroachment will
be located, a current mailing address and telephone number. Each permit must be renewed on
an annual basis and the Director of Public Service shall have the right to refuse to renew any
permits issued under this chapter.
B. A letter from the owner, operator or manager of business immediately fronting the
sidewalk where use is requested granting permission to place the encroachment at the requested location;
C. A sketch depicting, as accurately as possible, the size and location of all requested
items as well as other existing obstructions or improvements which would limit the free use of
the sidewalk by pedestrians;
191D. A certificate of liability insurance which names the City of Bozeman and the State of
Montana as additional insureds. The insurance must provide a minimum coverage of $750,000 for each claim and $1 million for each occurrence for all permits solely for a portable sign in an
"A" frame design, also known as a sandwich board sign, used strictly for the purpose of
advertising for the permit holder. A minimum coverage of $750,000 for each claim and $1.5
million for each occurrence must be provided for all other permits; and
E. A valid City of Bozeman business license corresponding to the use requested."
(Ord. No. 1567 § 2(12.22.050), 9-9-2002; Ord. No. 1592, § 1, 3-17-2003)
12.22.060 License or Approval Letter required.
Any applicant intending to sell food or beverages must provide a copy of a Food Purveyor's
License or an approval statement issued by the Gallatin City-County Health Department with
the application for a permit under this chapter.
(Ord. No. 1567 § 2(12.22.060), 9-9-2002)
12.22.070 Uses permitted under this chapter.
A. It is the permittee's responsibility to place any encroachments allowed under this
chapter in a manner which ensures safe pedestrian and vehicular travel. All items permitted
pursuant to this chapter shall be placed not less than two (2) feet from the curb, leave a
minimum of five (5) feet of sidewalk aisle clear and shall not interfere with vehicular sight triangles as set forth in Title 18 of this code, and as necessary for safe vehicular traffic.
Additionally, all encroachments permitted under this chapter will be built and maintained in
such a manner as to ensure the safety of the public.
B. Permits may be issued under this chapter for the following uses:
191 Adopt insurance amount by resolution?
Page 373 of 924
1. Benches:
Any benches must be placed flush to the corresponding building and must not project more
than three (3) feet into the sidewalk.
2. Portable signs:
These signs must not exceed a height of five (5) feet or a width of three (3) feet, placed
adjacent and perpendicular to the corresponding building and within four (4) feet of the
business entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush against the building, must not
exceed six (6) feet in height, and must be within four (4) feet of the business entrance;
4. Kiosks:
kiosks must not exceed eight (8) feet in height and must be placed in a manner so as not to
interfere with free flow of pedestrian and vehicular traffic;
5. Bike Racks:
Bike racks must not exceed a ten (10) bike capacity with five (5) bikes per side and be placed
so the parked bikes run parallel with the street;
6. Sidewalk Vending Carts:
The Cart must be no more than three (3) feet wide, must be placed within 4.5 feet of the store face and may operate between 6:00 a.m. and 9:00 p.m. or until sunset whichever occurs first.
All signage must be attached to the cart and shall not exceed 6 feet in length. The City, at its
discretion and upon request, may allow the use of a portable sign. Vending carts will be
allowed on Mendenhall, Main, and Babcock Streets only and not more than one cart will be
allowed per city block face.
7. Tables and chairs:
Tables used for the primary purpose of consuming food or beverages must be no more than
four (4) feet wide and set in a manner so that the chairs shall not extend more than five (5)
feet into the Right of Way;
8. Hanging pots:
Pots for flowers or other miscellaneous items may be hung from the rods extending from the
light poles only. The bottoms of all pots must not be any lower than seven (7) feet and shall
not block streets signs in any manner;
9. Sidewalk Cafe serving alcohol:
a. All sidewalk cafes having an alcohol beverage license shall be required to have staff of the establishments owning such sidewalk cafes serve all food, alcohol and non-alcoholic
beverages in the sidewalk cafe area only. Service of alcohol beverages in all sidewalk cafes
shall be limited to persons seated at tables in the sidewalk cafe site. The serving of alcohol
Page 374 of 924
shall be served in glasses and not in paper or plastic products. Any person serving alcohol
must have received alcohol server training through a City approved training program.
b. The sidewalk cafe alcohol beverage license issued by the State of Montana must include
as part of the licensed premise floor plan the sidewalk cafe area. Liability insurance required in
BMC 12.11.0500B will cover the sidewalk cafe area.
c. Each sidewalk cafe serving alcohol beverages shall be responsible for policing the area
of the sidewalk cafe to be sure that customers are of the legal drinking age and that alcohol
beverages are not removed from the premises.
d. There shall be no sale of alcohol for consumption at a sidewalk cafe after 12:00 A.M.
(Midnight) until normal opening of business each day. In addition, all containers of intoxicating beverages shall be removed from the tables of the sidewalk cafe and the sidewalk cafe area by
12:00 A.M.
e. The sidewalk cafe area must be adjacent to the licensed building and shall be enclosed,
except for ingress and egress entry point, by a movable fence approved by the Director of
Public Service. The fence shall be:
(i). black or of a color that matches the adjacent building;
(ii). at least 4 feet in height; and
(iii). shall be of a design and quality that does not permit children or other persons to crawl
under the fence.
10. Miscellaneous items:
The Director of Public Service may permit other items as deemed appropriate. The director
shall place what restrictions the director deems necessary to ensure the safe passage for
pedestrian and vehicular traffic."
(Ord. No. 1567 § 2(12.22.070), 9-9-2002; Ord. No. 1692 § 2, 2-12-2007)
12.22.080 Notification of Name or Address Change.
All Permittees will ensure that a current and correct name, residential address and mailing
address are on file with the Director. Should either the Permittee's name, business name or
Permittee's address provided on the application change, the Permittee must notify the Director
within five (5) working days of such change and provide the same with the accurate
information.
(Ord. No. 1567 § 2(12.22.080), 9-9-2002)
12.22.090 Littering and Trash Removal.
A. Permittees will keep the sidewalks, roadways and other spaces adjacent to their sites or
locations clean and free of paper, peelings and refuse of any kind generated from the
operation of their businesses.
B. Permittees engaged in food vending will make available a receptacle for litter. The
Permittee will regularly empty and maintain the receptacle and mark it appropriately to
Page 375 of 924
provide proper notice to the public of its purpose. Upon ceasing operations for the day,
Permittees will ensure the area immediately adjacent to the site is thoroughly clean and free
of debris. Finally, Permittees must remove all debris and trash from the area and will not use
trash receptacles without permission from the owner.
(Ord. No. 1567 § 2(12.22.090), 9-9-2002)
12.22.100 Special event or temporary permits.
The Director may issue a temporary permit for special or temporary events which may take
place in the downtown area including but not limited to "Crazy Days," "Taste of Bozeman," and
"Music on Main." Should the Director determine a temporary permit is applicable for any
reason, the Director may waive any of the requirements set forth in this Chapter the Director feels are inapplicable or contrary to the purposes of this Chapter.
(Ord. No. 1567 § 2(12.22.100), 9-9-2002)
12.22.110 Suspension and Revocation of License.
A. The Director may suspend or revoke any permit issued under this Chapter for any of
the following reasons:
1. Fraud, misrepresentation or a knowingly false statement contained in the application for
the permit;
2. Conducting any activity in any manner contrary to the conditions of the permit;
3. Conducting any permit activity in such a manner as to create a public nuisance, cause a
breach of the peace, constitute a danger to the public health, safety, welfare or morals, or
interfere with the rights of abutting property owners;
4. Failure to regularly empty and maintain a litter receptacle;
5. Cancellation of the Gallatin City-County Health Department's authorization for a food or
beverage vending unit; or
6. Failure to comply with any provision in this chapter.
B. Should the Director decide to exercise the rights given under this chapter, notice may
be delivered in person or mailed to the address provided on the application. The Director shall
state all reasons for the decision to revoke or suspend the permit and the length of the
suspension, if any.
C. The Permittee will have three (3) days from the date of receipt of the letter to file a
written response to the Director's letter or to remove all items from the City's sidewalk. Failure to respond to the Director's letter or to remove the items from the city's sidewalk will be cause
for the Director to order the property removed by local law enforcement or the Code
Compliance Officer. The property shall be considered evidence and will not be returned until
the resolution of any citations issued under BMC.
D. Should the Permittee fail to pick up the letter for a period of five (5) working days after
it has been mailed, the Director may then direct the Code Compliance Officer or law enforcement to remove the Permittee's property from the City's sidewalks.
Page 376 of 924
E. Should the Director determine the Permittee's property presents a safety hazard or
requires an immediate remedy including but not limited to sidewalk maintenance, then in that
event, the Director may order the property removed immediately by local law enforcement or
the Code Compliance Officer.
(Ord. No. 1567 § 2(12.22.110), 9-9-2002)
12.22.130 Appeal Procedure
Any Permittee will have the right to appeal the denial, suspension or revocation of any permit
to the City Manager. The Permittee will make the appeal within ten (10) days after receiving
notice of the denial, suspension or revocation by filing a written notice with the City Manager.
(Ord. No. 1567 § 2(12.22.130), 9-9-2002)
12.22.140 Enforcement -- Penalties --Designated a Municipal Infraction
Violation of this Chapter is a municipal infraction and punishable by the following civil
penalties:
A. For a first violation, a civil penalty of not less than one hundred ($100) or more than
three hundred dollars ($300.00) shall be imposed.
C. For each repeat violation, a civil penalty of not less than one hundred ($100) or more than five hundred dollars ($500.00) shall be imposed.
the court may order the permit revoked for the remainder of the year in addition to any other
penalty imposed by the court."
(Ord. No. 1567 § 2(12.22.140), 9-9-2002; Ord. No. 1700 § 1, 5-21-2007)
Chapter 12.24
SNOW REMOVAL FROM SIDEWALKS
Sections:
12.24.010 Definitions.
12.24.020 Snow and ice to be removed from sidewalks. 12.24.030 Depositing of snow and ice restricted.
12.24.040 Violations--Civil penalty and collection. 12.24.045 Appeals.
12.24.050 Criminal penalties.
12.24.060 Legislative intent.
12.24.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. "Person" means any individual, business association, partnership, corporation or other
legal entity.
B. "Lot" means a parcel of land occupied or intended for occupancy by one main building
together with its accessory buildings and which may include more than one platted lot.
Page 377 of 924
C. "Front lot line" means the front boundary line of a lot bordering on the street and, in
the case of a corner lot, may be either frontage.
D. "Rear lot line" means the rear boundary line or lines of a lot located opposite its front
lot line.
E. "Street" or "highway" means the entire width between the exterior boundary lines of
every publicly maintained way or other public or private place adapted and fitted for the use of
the public for purposes of vehicular travel.
F. "Arterial street" means any U.S. or state numbered route, controlled access highway or other major radial or circumferential street or highway designated by the city as part of its
major arterial system.
G. "Roadway" means that portion of a street or highway improved, designed, or ordinarily
used for vehicular travel or parking, exclusive of the berm or shoulder.
H. "Sidewalk" means that portion of a street between the curb line, or the lateral lines of a
roadway, and the adjacent property line paved and intended for the use of pedestrians.
I. "Business day" is any day not a Sunday or a national holiday.
J. "Business district" includes all lots located with an R-0, B-1, B-2 or B-3 district as
defined in the zoning title of the Bozeman Municipal Code excepting however, those lots which
are occupied solely by one or more dwelling units.
K. "Business hours" are the hours between nine a.m. and five p.m. on any business day.
L. The "director" is the director of public service (works) or his duly designated and acting representative.
M. The "city" is the city of Bozeman.
(Code ????, § 12.24.010; Ord. No. 117 § 1, 1985)
12.24.020 Snow and ice to be removed from sidewalks.
A. Every owner of land within the city fronting or abutting on a paved sidewalk shall
remove and clear away, or cause to be removed and cleared away, any snow and ice from that
portion of the sidewalk in front of or abutting the building or lot of land.
1. Sidewalks which front on or abut both the rear lot line of a lot and an arterial street
shall be excepted from this chapter.
2. Except as provided in subsection B and regardless of the manner in which the snow or
ice is deposited on sidewalks, all snow and ice shall be removed from sidewalks in all business
districts within the city by nine a.m. of the next business day, by twelve noon of the next
nonbusiness day or within four business hours after any snow or ice deposit, whichever period
is shorter.
3. Except as provided in subsection B and regardless of the manner in which the snow and
ice are deposited, all snow and ice shall be removed from all other sidewalks within the city within the first twenty-four hours after any snow or ice deposit.
Page 378 of 924
B. However, in the event the director of public service determines the snow and ice on a
sidewalk cannot be reasonably removed, the director may require the use of sand or other
suitable substance to make pedestrian travel reasonably safe. This request will be complied
with within the time set forth in subsection A. In that event, however, the sidewalk will be
thoroughly cleaned as soon as the weather permits.
(Code ????, § 12.24.020; Ord. No. 1529 § 1, 2000: Ord. No. 1171 § 1, 1985)
12.24.030 Depositing of snow and ice restricted.
No person shall deposit or cause to be deposited any accumulation of snow or ice on or
against a fire hydrant or on any sidewalk, roadway, curb or gutter, any loading and unloading area of a public transportation system or any area designated for use by emergency vehicles
for access.
(Code ????, § 12.24.030; Ord. No. 1171 § 1, 1985)
12.24.040 Violations--Civil penalty and collection.
A. Should any person fail to clear away or treat with abrasives and subsequently clear
away any snow and ice from any sidewalk as required, the director may, as soon as practicable after such failure, have the sidewalks cleared.
B. The director shall record the name of the property owner, the legal description and
street address of the lot(s), the exact dates and costs of all snow removal done in accordance
with this section including but not limited to the costs of private contractors hired for such
purpose and administrative costs.
C. Each person who fails to clear the sidewalk as required herein and thus requires the city
to perform the work in accordance with this section shall be liable to the city for the cost of such work plus a civil penalty of thirty dollars or twenty percent of such costs, whichever is
greater.
D. The director or a designated representative shall give the property owner(s) written
notice of the amount owed to the city as soon as practicable following the completion of the work. The payment of such amount may be enforced through suit for collection or by levying
an assessment on the premises or both.
E. In the event of assessment, the city commission shall annually adopt a resolution
levying an assessment and tax against each lot or parcel of land fronting or abutting on the
sidewalks ordered cleared by the director in accordance with the provisions of this chapter. All
assessments levied shall be charged simple interest at the rate of ten percent per year from the date the work is performed until the assessment is fully paid and satisfied.
(Code ????, § 12.24.040; Ord. No. 1529 § 2, 2000: Ord. No. 1171 § 1, 1985)
12.24.045 Appeals.
The director of public service shall develop a program allowing all landowners assessed in
accordance with this chapter to appeal the assessment. Property owners wishing to appeal the
assessment will submit their appeal to the director of public services or a designated
representative within thirty days of the date of the first notice required in 12.24.040(D) herein
or five working days prior to the city commission meeting at which the assessment is being
Page 379 of 924
considered, whichever is sooner.
(Code ????, § 12.24.045; Ord. No. 1529 § 3, 2000)
12.24.050 Criminal penalties.192
Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount of not more than five hundred
dollars or be imprisoned in the county jail for a term not to exceed six months, or both. Each
day such violation is committed or permitted to continue shall constitute a separate offense
and shall be punishable as such.
(Code ????, § 12.24.050; Ord. No. 1529 § 4, 2000: Ord. No. 1171 § 1, 1985)
12.24.060 Legislative intent.
It is the intent of the city commission that the criminal offenses listed in this Chapter 12.24 be
offenses involving absolute liability. Those offenses shall not require proof of any one of the
mental states described in subsections (33), (37), and (58) of MCA 45-2-101.
(Code ????, § 12.24.060; Ord. No. 1171 § 1, 1985)
Chapter 12.26
PARK REGULATIONS*
*State law references--Culture, social services and recreation, MCA 7-16-101 et seq.;
parks, MCA 23-1-101 et seq.; recreation, MCA 23-2-101 et seq.
Sections:
12.26.010 Intent. 12.26.020 Definitions.
12.26.030 Park prohibitions. 12.26.040 Park use.
12.26.050 Permits.
12.26.060 Hours of operation.
12.26.070 Traffic control.
12.26.075 Regulations pertaining to wheeled recreational devices.
12.26.080 City commission--Park development.
12.26.010 Intent.
The provisions of this chapter shall apply to all park lands in the city, whether dedicated,
deeded, or otherwise acquired for park purposes.
(Code ????, § 12.26.010; Ord. No. 1278 § 1, 1989)
12.26.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory
192 This section is covered by the general penalty.
Page 380 of 924
and not merely directory.
A. "Animal" means all living creatures, domesticated or wild, including mammals, fish,
reptiles, amphibians and birds.
B. "City" is the city of Bozeman.
C. "Director" shall mean the director of public service or his designee.
D. "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: horses, cows, sheep, ducks, geese, chickens, dogs, cats, goats and other tamed animals.
E. "Fireworks" shall mean any combustible or explosive composition or any substance,
combination of substances, or article prepared for the purpose of producing a visible or audible
effect by combustion, explosion, deflagration or detonation, or any device containing explosive
or flammable compound, whether solid, liquid or gaseous in form.
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.
G. "Person" is any individual, firm, partnership, association, corporation, company or
organization of any kind.
H. "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.
(Code ????, § 12.26.020; Ord. No. 1278 § 2, 1989)
12.26.030 Park prohibitions.
It is unlawful for any person in a park 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 property,
improvements or appurtenances whatsoever, real or personal;
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 property, except on
special written permit issued hereunder;
Page 381 of 924
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, 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 twenty-four 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;
193J. 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)194;
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;
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;
193 Dogs in parks are also regulated in title 6. 194 Make an exception for leader dogs.
Page 382 of 924
195R. Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear,
boomerang or any other form of potentially dangerous weapon into the park;
S. Be in the park after being closed, either because of the night closure or closure following public notice or posting;
196T. Possess or bring fireworks into the park, or cause the fireworks to be ignited or
exploded in the park;
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 12.26.075;
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.
(Code ????, § 12.26.030; Ord. No. 1518 § 1, 2000: Ord. No. 1463 § 5, 1998: Ord. No. 1278 §
3, 1989)
12.26.040 Park use.
Unless reserved according to the park reservation procedure adopted by the director, the use
of the park or portion thereof by the public shall be on a first-come, first-served basis.
(Code ????, § 12.26.040; Ord. No. 1278 § 4, 1989)
12.26.050 Permits.
For the purpose of maintaining control of park usage, the following regulations are adopted in
the public interest to establish a set of standards and procedures for issuing permits to sell
articles or services in connection with a community-oriented event approved by the city
commission:
A. A person seeking issuance of a permit to sell articles or services, shall file an application
with the following information not earlier than twelve months before the date requested:
1. Name, age, telephone number and address of applicant;
2. Name and address of sponsor of activity;
195 Code ch. 9.93 prohibits weapons in parks. 196 Fireworks in parks are regulated in Code ch. 8.12.
Page 383 of 924
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. No application will be considered unless accompanied with a nonrefundable fee, if any, as established by the director.
C. The city, through the director or police department, shall have the authority to revoke a
permit upon a finding of any violation of any rule or ordinance or upon good cause shown.
D. A person or group of persons issued a permit hereunder must abide by the restrictions
placed upon the permit, as well as all state and local laws and ordinances.
E. 1. The standards for issuance of a permit hereunder shall include the following findings:
a. That the proposed activity or use of the park is appropriate for the named park and will
not unreasonably interfere with or detract from the public's use and enjoyment of the park;
b. That the proposed activity or uses that are reasonably anticipated will not include
violence, crime or disorderly conduct;
c. That the proposed activity will not entail extraordinary or burdensome expense on the city or;
d. That the facilities desired have not been reserved for other use on the date and hour
requested in the application.
2. Applications meeting these standards will be issued on a first-come, first-served basis.
F. An applicant for a permit may be required to submit evidence of liability insurance
covering injuries and property damage to members of the public arising out of such permitted
activity in such amounts as may be determined from time to time prior to the commencement
of the permitted activity.
G. 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.
(Code ????, § 12.26.050; Ord. No. 1278 § 5, 1989)
12.26.060 Hours of operation.
A. Hours. All parks shall be open to the public every day of the year subject to the
exceptions established herein.
B. General Closure. Any section or part of any park may be closed to the public by the
Page 384 of 924
director. Notice of closing shall be posted in a conspicuous manner.
C. Night Closure. No person, without written permission of the director, shall be physically
present within the boundaries of any park between the hours of eleven p.m. and five a.m.
except in designated camping areas.
(Code ????, § 12.26.060; Ord. No. 1278 § 6, 1989)
12.26.070 Traffic control.
A. No person shall drive any vehicle through the park or upon park roads at a rate of
speed exceeding fifteen miles per hour, or at such speeds as may be established by the
director.
B. Vehicles shall not be driven or parked off designated roads and parking areas without the written permission of the director.
C. All persons shall obey the traffic laws of the state and the city.
(Code ????, § 12.26.070; Ord. No. 1278 § 7, 1989)
12.26.075 Regulations pertaining to wheeled recreational devices.
A. No person shall use or place a ramp, jump, or any other device used to force a skateboard, roller-skate, in-line skate, bike or similar recreational device with wheels off the
pavement on the grounds of any city-owned parking lot, park or sidewalk.
B. The city commission may, by resolution, designate areas within city parks in which
operation of skateboards, roller-skates, in-line skates, bikes and similar recreational devices
with wheels is permitted during specified times.
C. The operation of skateboards, roller-skates, in-line skates, bikes and similar
recreational devices with wheels may also be permitted in designated areas during specially
authorized events pursuant to Section 12.26.050.
(Code ????, § 12.26.075; Ord. No. 1518 § 2, 2000)
"12.26.077 Skateboard Facility Regulations
A. No person shall use or place additional obstacles or other materials, such as ramps,
jumps, or any other device onto any City-owned skateboard facility.
B. Bicycles, scooters and motorized vehicles are prohibited from using any City-owned
skateboard facility.
C. The hours of operation for skateboard facilities shall be commensurate with the operation of all other park facilities, and shall be clearly posted. All skateboard facilities will be
closed during periods of inclement weather.
D. The use of food or drink is prohibited on the skating surface of all skateboard facilities."
(Ord. No. 1546, § 1, 9-4-2001)
12.26.080 City commission--Park development.
The city commission shall authorize any conceptual changes, new development or
Page 385 of 924
redevelopment aspects of changes in all city parks proposed by the staff. New buildings,
renovations or conceptual changes will be presented to the city commission before
construction or implementation.
(Code ????, § 12.26.080; Ord. No. 1278 § 8, 1989)
Chapter 12.28
PUBLIC CONCERTS
Sections:
12.28.030 Band concerts provided by city.
12.28.040 Contract with band authorized. 12.28.050 Levy for band concert fund.
12.28.030 Band concerts provided by city.
The city shall provide public band concerts for the entertainment of the people of the city, and
pay therefor out of any moneys which may be in the fund created by Section 12.28.050 of this
chapter. Such concerts shall be be given at such place or places and at such time or times as may be designated by the commission, or as may be designated by the mayor with the
consent of the commission, provided that such concerts shall not be given more than twice each week, and provided further that no band shall be employed to give such concerts except
a band having its headquarters in Bozeman.
(Prior code, § 8.04.010; Code ????, § 12.28.030)
12.28.040 Contract with band authorized.
The commission may from time to time enter into a contract with any band having its
headquarters in the city, through its proper officers or managing head, to furnish during any year or part of a year, a certain number of concert entertainments at a price to be agreed
upon for the whole number of concerts, or for concerts at an agreed price of so much each.
(Prior code, § 8.04.020; Code ????, § 12.28.040)
12.28.050 Levy for band concert fund.
It shall be the duty of the city commission to levy upon all the taxable property within the city
a tax not exceeding one mill on the dollar in each year, on the assessed value of the taxable property of the city, to be collected the same as other taxes and paid into a fund to be known
as the "band concert fund" of the city, for the purpose of providing band concerts. The same
shall be expended by warrants properly drawn on the fund in payment for the public band
concerts for the entertainment of the people of the city.
(Prior code, § 8.04.030; Code ????, § 12.28.050)
Chapter 12.30
TREES AND OTHER VEGETATION
Sections:
12.30.010 Definitions.
12.30.020 City forester. 12.30.030 Master street tree plan.
Page 386 of 924
12.30.040 Arboricultural specifications and standards.
12.30.050 Hazards and public nuisances.
12.30.060 Cost of planting, removing, maintaining and protecting trees and shrubs.
12.30.070 Tree service businesses and licensing.
12.30.080 Enforcement.
12.30.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
A. "Board" means the appropriate advisory board, such as cemetery, park or tree board,
appointed by the city commission and charged with the overseeing of a particular public area.
B. "City forester" means the superintendent in charge of forestry or designee, assigned as
part of the professional staff of the forestry division to implement this chapter and carry out its
enforcement.
C. "Hazard" means a tree, or parts thereof, that by some natural cause or accident,
becomes an immediate threat to life or property.
D. "Large tree" means trees attaining a mature height of twenty-five feet.
E. "Maintenance or maintaining" means and includes but is not limited to pruning,
fertilization, insect and disease control, guying, cabling, bracing and repair of trees.
F. "Person" means any individual, corporation, partnership, joint venture, association, or any group of organized persons, including state and local governmental agencies thereof.
G. "Public area" means Sunset Hills Cemetery, public ways, city parks, and all other lands
owned, leased, managed or occupied by the city.
H. "Public nuisance" means any tree or shrub or part thereof upon private or public
property which is: dead or dying; interfering with the use of public property by reason of its location or condition; by reason of location or condition constitutes an imminent danger to the
health, safety or welfare of the general public or which obstructs the free safe passage of
pedestrian or vehicular traffic, or obstructs a street light or sight triangle; or harboring insects
or diseases which reasonably may be expected to injure or harm other trees or shrubs.
I. "Public way" means all city property deeded or recorded as public streets, roads,
boulevards, alleys, sidewalks and parking strips.
J. "Sight triangle" means the area on the public way as described in the Bozeman zoning
code.
K. "Small tree" means trees attaining a mature height of less than twenty-five feet.
L. "Street level" means the highest point of elevation of the finished surface of the street.
M. "Street tree" means trees planted in the public way.
Page 387 of 924
N. "Tree service business" means any person engaged in one or more of the following
activities for profit:
1. Diagnoses the condition of trees or shrubs;
2. Recommends or supervises treatment of trees or shrubs;
3. Treats trees or shrubs by feeding, fertilizing, pruning, topping, trimming, cutting or
bracing; or
4. Treats cavities in trees or shrubs.
This definition shall include any person who is deemed by the city to be an "arborist" or "tree expert." The term "tree" shall also include a stump.
(Code ????, § 12.30.010; Ord. No. 1365 § 1, 1993)
12.30.020 City forester.
The city forester with input from the tree advisory board shall have the following responsibilities and duties:
A. Administer, direct, manage, supervise and control all the various city tree programs;
the forestry division; the establishment and maintenance of professional standards, training,
titles and certification for forestry division personnel; and the forestry budget;
B. 197Within two years of the passage of the ordinance codified in this chapter, Develop
and periodically review and revise, as necessary, the arboricultural specifications manual. This manual shall contain regulations and standards supplementing this chapter for establishing the
valuation and appraisal of trees and shrubs, and the planting, maintenance and removal of trees and shrubs upon all city-owned property;
C. Enforce or cause the enforcement of the provisions of this chapter.
(Code ????, § 12.30.020; Ord. No. 1365 § 1, 1993)
12.30.030 Master street tree plan.
The city forester and the tree advisory board, with a public hearing and approval by the city
commission, shall develop a master street tree plan which shall include but not be limited to a
city-wide, street-by-street written evaluation of all space and site factors which aid in the
determination of the tree species best suited to a particular planting site in regard to growing
habits, shape, form, health, disease and pest resistance, conflicts with wires, lights,
pavement, traffic, pedestrians, sidewalks, environmental pollution, sewers and space availability. The master street tree plan shall also include a plan for a cost-share tree program.
From and after the effective date of the master street tree plan, or any amendment thereof, all
planting shall conform thereto.
(Code ????, § 12.30.030; Ord. No. 1365 § 1, 1993)
12.30.040 Arboricultural specifications and standards.
197 Note deletion of obsolete language.
Page 388 of 924
The following specifications and standards are established for the removal, planting, trimming,
maintenance and care of trees and shrubs in the public area:
A. Removing.
1. No person shall remove a tree or shrub without first obtaining a permit and paying any
permit fee established by resolution of the city commission.
2. All trees and shrubs which are marked for removal shall be completely removed from
the growing site and disposed of in an authorized manner, as determined by the city forester. The stump shall be ground out to a depth suitable for future planting of turf.
3. Any person may make a request to the city forester for a tree to be removed. The city
forester's decision to approve removal of a tree shall be based on its detriment to the
community, due to disease, insect damage or other damage which creates a hazard to the
public health, safety and welfare. Any person aggrieved by the city forester's decision to
remove or not remove the tree may then apply to the appropriate board having jurisdiction
over the public area to overturn the city forester's decision, except when the city forester
determines the tree to be a hazard. The person may appeal the board's decision to remove or not remove the tree to the city commission.
4. If said tree is to be removed, full compensation for the cost of removal and the value of
the tree will be paid by persons requesting removal.
B. Planting.
1. No tree shall be planted without first obtaining a permit from the city forester and
paying any permit fee established by resolution of the city commission. No tree with a mature height in excess of twenty-five feet shall be planted under any utility line.
2. All street trees shall be planted in line with each other and at a spacing of a minimum
of thirty feet on center for large trees and twenty-five feet on center for small trees.
3. Single-stem canopy trees may be permitted in sight vision triangles, provided that
mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of fourteen feet from street level.
C. Trimming.
1. No person, except for city crews or licensed arborists with which the city has contracted for tree trimming services, shall trim a tree without first obtaining a permit and paying any
permit fee established by resolution of the city commission.
2. All trees and shrubs, including trees and shrubs on private property, which have
branches overhanging a public street, shall have said branches trimmed to a minimum
clearance height of fourteen feet above the parking lane, unless the city forester determines
the clearance at this location would be detrimental to public safety. All trees and shrubs,
including trees and shrubs on private property, which have branches overhanging a public
sidewalk, shall have said branches trimmed to minimum clearance height of nine feet, unless the city forester determines the clearance at this location would be detrimental to public
safety. The city forester may waive the provisions of this section if the city forester determines
that the tree or shrub does not interfere with public travel, obstruct the light of any street
Page 389 of 924
light, or endanger public safety.
3. All dead wood, stubs, broken branches, badly formed branches, disease-infected and
insect-infested branches interfering with public travel, lighting, existing buildings and traffic
signs shall be removed with consideration given to the symmetry and beauty of the tree or
shrub.
4. Topping of trees is prohibited.
D. Maintenance and Duty to Avoid Damage to Trees and Shrubs.
1. No person or animal under any person's control shall break, injure, mutilate, kill or
destroy any tree or shrub; permit any fire to injure any portion of any tree or shrub; or permit any toxic chemical to seep, drain or be emptied on or about any tree or shrub.
2. During building operations the builder shall erect suitable protective barriers around
public trees and shrubs which may be injured. If any tree is damaged or must be removed
during construction, the person causing the removal of a tree shall replace the tree with a tree
of equal value or pay the value of the tree as established by the Bozeman street tree analysis
and recommendations, dated December 11, 1990, and amendments thereto, until updated through adoption of the arboricultural specifications manual.
3. It shall be the duty of the abutting property owner and tenant to maintain all street
trees and vegetative growth in front of and adjoining their property and keep them free of
becoming a public nuisance or hazard.
E. Fastening Materials to Trees and Shrubs. No person shall fasten any sign, rope, wire or other materials to or around or through any public trees or shrubs without obtaining written
permission from the city forester, except in emergencies such as storms or accidents.
F. Public Utilities. Public utility work affecting trees or shrubs shall be limited to the actual
necessities of the service of the company and such work shall be done in a neat and
professional manner and according to the arboricultural specifications manual. The city
forester may supervise the work performed and has the authority to stop work if not in accordance with the arboricultural specifications manual. The public utility shall replace any
tree that dies or is removed with a tree of equal value or pay the value of the tree as established by the Bozeman street tree and park tree analysis and recommendations, dated
December 11, 1990198, and amendments thereto, until updated through adoption of the
arboricultural specifications manual.
G. Planting, Removal, Maintenance and Protection of Trees and Shrubs. All trees or shrubs
shall be planted, removed, maintained and protected according to the master street plan and the arboricultural specifications manual.
(Code ????, § 12.30.040; Ord. No. 1365 § 1, 1993)
12.30.050 Hazards and public nuisances.
A. It is unlawful for any person having supervision or control of any lot, tract, parcel of
land or portion of it, occupied or unoccupied, improved or unimproved, within the city limits to
198 Is this the latest?
Page 390 of 924
permit or maintain on any such lot, tract, or parcel or part any tree, shrub, or part thereof
which is a public nuisance or hazard and it shall be the duty of such person to promptly
remove, eradicate or otherwise control such condition in accordance with this chapter and the
arboricultural specifications manual.
B. Trees and Shrubs in Public Areas. If the city forester determines, with reasonable certainty upon inspection or examination, any tree or shrub exists in or upon any public area
in a hazardous condition or as a public nuisance, the city forester shall immediately cause it to
be treated, trimmed, removed or otherwise abated in such manner as to prevent the spread of
the hazard. The manner in which the hazard shall be abated, shall be determined by the city
forester.
C. Trees and Shrubs on Private Premises. If the city forester determines, with reasonable certainty, upon inspection or examination, that any tree or shrub exists in or upon any private
premises in a hazardous condition or as a public nuisance, the city forester shall immediately,
in writing, notify the owner or tenant having charge of such premises of the existence of the
public nuisance or hazard and issue said owner or tenant an order detailing the requirements
of and the reasons for the abatement to be completed within a reasonable time to be specified
in the order, but not less than fifteen days. If the owner cannot be found, a copy of said notice
shall be placed upon said infected tree or shrub. The owner may appeal the order of the city forester to the city commission within the time specified for abatement in the order. The
appeal shall be filed with the city clerk and the appeal shall be placed upon the commission
agenda as soon as practicable. Until a final determination by the city commission, work
required to be done by the city forester shall not be required, and if the city commission
sustains all or any part of the order, it shall set the time within which the work required to be
done shall be completed.
D. Abatement at Owner's Expense. In the event that the public nuisance or hazard is not
abated by the date specified in the notice or specified by the city commission, the city forester is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement
shall be filed as a lien against the property on which the public nuisance or hazard was
located.
(Code ????, § 12.30.050; Ord. No. 1365 § 1, 1993)
12.30.060 Cost of planting, removing, maintaining and protecting trees and shrubs.
The entire cost of planting, removing, maintaining and protecting trees and shrubs on all
public areas and public ways of the city, when done by city employees or their contractors at
the director of the city forester, shall be borne by the city out of the tree maintenance district
fund and from funds donated specifically for this purpose. When a private party other than the
city, with appropriate permit, plants, removes, maintains or protects trees and shrubs, the
private party shall incur all expenses.
(Code ????, § 12.30.060; Ord. No. 1365 § 1, 1993)
12.30.070 Tree service businesses and licensing.
A. License Required. Any person who engages in the tree service business within the
corporate limits of the city shall first obtain International Society of Arboriculture (ISA)
certification, or an equivalent, and obtain and maintain a city license in accordance with Title 5
of the Bozeman Municipal Code. If a license or permit to engage in the tree service business is required by the state of Montana, the issuance of a state license shall be a prerequisite to the
issuance of a city license. The licensee shall display the license to any of its customers or city
Page 391 of 924
officials upon demand. The city may suspend or revoke a license when the tree service
business violates any provision of Chapter 5.04; this chapter; any ordinance provisions
relating to the health, safety and welfare of the citizens of Bozeman; or secures any license by
fraud or misrepresentation to include false or incorrect information on the license application.
The procedure for license suspension or revocation is set forth in Sections 5.04.180 and
5.04.190 of the Bozeman Municipal Code.
B. Insurance and Bond. Any applicant for a tree service business license shall provide at
the time of application a certificate of insurance showing insurance coverage for general
liability, automobile liability, worker's compensation, and other coverages required by law in
minimum amounts set by the city commission resolution. The certificate of insurance shall name the city and its officials and employees as additional insured for work on public lands.
The applicant shall also provide a street obstruction bond in an amount set by the city commission resolution for work to be performed within any public street, alley or right-of-way
in the city.
C. License Exemptions. Any person acting within the scope of his or her employment with
any public utility, with the city, or with any governmental entity shall be exempt from the
licensing provisions of this chapter. However, the public utility or the governmental entity,
except for the city of Bozeman, desiring to do work on trees or shrubs located in public areas shall be required to obtain a permit to do such work as required by Section 12.30.040.
D. Protection of Utilities. A licensee shall, before commencing work on any tree or shrub,
determine the location of utility facilities, including water and sewer lines, and shall be
responsible for contacting any joint utility locator entity in operation for subsurface work or, if
such entity is not in operation or does not provide service for aboveground work, each utility
or entity owning such facilities. This section applies to overhead and underground facilities.
E. Permit for Removal of Trees on Public Right-of-Way. At least forty-eight hours prior to engaging in any work (except in the case of a hazard), a licensee shall apply for a permit to do
any work on any tree or shrub which is located in any public area. The permit application shall
be filed with the city manager or the city manager's designee on a form provided by the city.
The application shall contain any information required by the city for processing the
application, including the scope and nature of the work to be performed on the specified tree or shrub. The city shall issue the requested permit only if the proposed work complies with all
applicable laws and ordinances, any master street tree plan, any urban forestry plan, and any arboricultural specification manuals adopted by the city and upon payment of permit fee as
established by city commission resolution.
F. Debris Removal. A licensee shall clean the work site and remove any debris after
completing any work on public or private property, including the removal of branches, twigs and chips.
G. Stump Removal. All stumps on public rights-of-way shall be removed to a depth of at
least eight inches, and all holes remaining from the stump removal shall be filled with dirt and
covered with appropriate groundcover.
H. Power Equipment. All power equipment used by a licensee shall include reasonable
safety devices to protect employees and other persons.
(Code ????, § 12.30.070; Ord. No. 1365 § 1, 1993)
12.30.080 Enforcement.
Page 392 of 924
A. Authority of City Forester to Enter Private Premises. The city forester is charged with
enforcement of this chapter and to that end may enter upon private premises at any
reasonable times for the purposes of examining and inspecting any suspected public nuisance
or hazardous tree or shrub in order to carry out duties assigned under this chapter; provided
that the city forester first makes a reasonable effort to locate and notify the owner or other persons who have charge or control of premises and demand entry.
B. Interference with the City Forester or Staff. No person shall prevent, delay or interfere
with the city forester, or the city forester's assistants or agents, while engaged in or carrying
out the execution or enforcement of this chapter. 199C. Penalty. Any person who violates any provision of this chapter or who fails to comply
with any notice or order issued pursuant to the provisions of this chapter, upon a conviction or
plea of guilty shall be fined in an amount not to exceed five hundred dollars or be imprisoned
for any term not to exceed six months or both. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be punishable as such
hereunder. The court, also, shall order restitution to the city for each tree or part thereof,
unlawfully damaged, destroyed or removed.
(Code ????, § 12.30.080; Ord. No. 1365 § 1, 1993)
Chapter 12.32
PARADES AND PUBLIC ASSEMBLIES
Sections:
12.32.010 Definitions. 12.32.020 Permit required.
12.32.030 Exceptions. 12.32.040 Application.
12.32.050 Fees.
12.32.060 Police protection.
12.32.070 Established parade route.
12.32.080 Standards for issuance. 12.32.090 Nondiscrimination.
12.32.100 Notice of denial of application. 12.32.110 Alternative permit.
12.32.120 Appeal procedure.
12.32.130 Notice to city and other officials.
12.32.140 Contents of permit.
12.32.150 Duties of permittee. 12.32.160 Prohibitions.
12.32.170 Public conduct during parades or public assemblies. 12.32.180 Revocation of permit.
12.32.190 Penalties.
12.32.010 Definitions.
As used in this chapter:
199 The penalty is covered by the general penalty.
Page 393 of 924
"City" means the city of Bozeman.
"City manager" means the city manager of the city of Bozeman or his/her designee.
"Parade" means any march, demonstration, procession or motorcade consisting of persons, animals, or vehicles or a combination thereof upon the streets, parks or other public grounds
within the city with an intent of attracting public attention that interferes with or has a
tendency to interfere with the normal flow or regulation of traffic upon the streets, parks or
other public grounds.
"Parade or public assembly permit" means a permit as required by this chapter.
"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
"Public assembly" means any meeting, demonstration, picket line, rally or gathering of more
than twenty-five persons for a common purpose as a result of prior planning that interferes
with or has a tendency to interfere with the normal flow or regulation of pedestrian or
vehicular traffic or occupies any public area in a place open to the general public.
"Sidewalk" is any area or way set aside or open to the general public for purposes of
pedestrian traffic, whether or not it is paved.
"Street" is 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.
(Code ????, § 12.32.010; Ord. No. 1458 § 1, 1998)
12.32.020 Permit required.
No person shall engage in or conduct any parade or public assembly unless a permit is issued
by the city manager.
(Code ????, § 12.32.020; Ord. No. 1458 § 1, 1998)
12.32.030 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;
C. A governmental agency acting within the scope of its functions; 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.
(Code ????, § 12.32.030; Ord. No. 1458 § 1, 1998)
Page 394 of 924
12.32.040 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 and not more than one hundred eighty days before
the parade or public assembly is proposed to commence. 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.
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 be filed with the city manager at least sixty days and not more than one
hundred eighty 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-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:
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;
Page 395 of 924
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
16. Any additional information that the city manager finds reasonably necessary to a fair
determination as to whether a permit should issue.
(Code ????, § 12.32.040; Ord. No. 1458 § 1, 1998)
12.32.050 Fees.
A. A nonrefundable fee to cover administrative costs of processing the permit shall be paid
to the city by the applicant when the application is filed. The fee shall be set by resolution of
the city commission.
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 charges for those services in accordance with a schedule of service costs approved
by the city commission by resolution.
(Code ????, § 12.32.050; Ord. No. 1458 § 1, 1998)
12.32.060 Police protection.
A. The city manager, with advice from the department of public safety-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. The city manager shall base
this decision on the size, location, duration, time and date of the event, the expected sale or
service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. The speech content of
the event shall not be a factor in determining the amount of police protection necessary. If possible, without disruption of ordinary police services or compromise of public safety,
regularly scheduled on-duty personnel will police the event. If additional police protection for
the public assembly is deemed necessary by the city manager, he shall so inform the applicant
for the permit. The applicant then shall have the duty to secure the police protection deemed
necessary by the city manager at the sole expense of the applicant."
Page 396 of 924
200B. 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 provided by the city.
(Code ????, § 12.32.060; Ord. No. 1458 § 1, 1998; Ord. No. 1537, § 25, 5-29-2001; Ord. No.
1537, § 24, 5-29-2001; Ord. No. 1640, § 9, 6-6-2005)
12.32.070 Established parade route.
Downtown parade route:
A. Staging Area. Staging 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.
(Code ????, § 12.32.070; Ord. No. 1458 § 1, 1998)
12.32.080 Standards for issuance.
A. The city manager shall issue a permit, subject to any conditions he deems necessary
and reasonable, as provided for herein when, from consideration of the application and for
such other information as may otherwise be obtained, he finds that:
1. The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or
location;
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;
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;
4. The conduct of the parade or public assembly is not reasonably likely to cause injury to
persons or property;
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;
6. Adequate sanitation and other required health facilities are or will be made available in
or adjacent to any public assembly areas;
7. There are sufficient parking places near the site of the parade or public assembly to
200 Was this subsection intended to be repealed by Ord. No. 1640?
Page 397 of 924
accommodate the number of vehicles reasonably expected;
8. The applicant has secured the police protection, if any, required under Section
12.32.060;
9. 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 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;
10. No parade or public assembly permit application for the same time and location is
already granted or has been received and will be granted;
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
required for that prior parade or public assembly are so great that in combination with the
subsequent proposed application, the resulting deployment of police 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.
B. 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.
(Code ????, § 12.32.080; Ord. No. 1458 § 1, 1998)
12.32.090 Nondiscrimination.
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, or gender related grounds.
(Code ????, § 12.32.090; Ord. No. 1458 § 1, 1998)
12.32.100 Notice of denial of 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 hours prior to the event. If the city manager disapproves the application, he shall notify the applicant
either by personal delivery or certified mail at least forty-eight hours prior to the event of his action and state the reasons for denial.
(Code ????, § 12.32.100; Ord. No. 1458 § 1, 1998)
12.32.110 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
Page 398 of 924
shall, within five 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 effect of, a parade or public assembly permit issued under this chapter.
(Code ????, § 12.32.110; Ord. No. 1458 § 1, 1998)
12.32.120 Appeal procedure.
A. Any applicant shall have the right to appeal the denial of a parade or public assembly
permit to the city commission. 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 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. 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.
(Code ????, § 12.32.120; Ord. No. 1458 § 1, 1998)
12.32.130 Notice to city and other officials.
Immediately upon issuance of a parade or public assembly permit, the city manager shall send
a copy thereof to the following:
A. The mayor;
B. The city attorney;
C. The director of fire operations;
D. The street superintendent;
E. The director of patrol; and
F. Montana Department of Transportation if the permit is issued for a federal or state
owned highway."
(Code ????, § 12.32.130; Ord. No. 1458 § 1, 1998; Ord. No. 1537, § 26, 5-29-2001)
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;
Page 399 of 924
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.
(Code ????, § 12.32.140; Ord. No. 1458 § 1, 1998)
12.32.150 Duties of permittee.
A. A permittee hereunder shall comply with all permit directions and conditions and with
all applicable laws and ordinances.
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.
(Code ????, § 12.32.150; Ord. No. 1458 § 1, 1998)
12.32.160 Prohibitions.
The following prohibitions shall apply to all parade and public assemblies:
A. It is unlawful for any person to stage, present, or conduct any parade or public
assembly 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 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;
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;
G. It is unlawful for any person to ride, drive, or cause to be ridden or driven any animal
Page 400 of 924
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 the approved parade route, whichever is applicable; and
I. No parade participant shall throw, cast, or drop candy, trinkets, or any other articles. A
violation of this provision shall result in a one-hundred-dollar fine for each occurrence. This
provision does not prohibit a parade participant from handing candy or other articles directly
to the spectators provided the participant is walking.
(Code ????, § 12.32.160; Ord. No. 1458 § 1, 1998)
12.32.170 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.
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 shall post signs to that effect, and 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 unposted in violation of this chapter.
(Code ????, § 12.32.170; Ord. No. 1458 § 1, 1998)
12.32.180 Revocation of permit.
The city manager shall have the authority to revoke a parade or public assembly permit instantly upon a violation of the conditions or standards for issuance as set forth in this
chapter or when a public emergency arises where the police resources required for that
emergency are so great that deployment of police services for the parade or public assembly
would have an immediate and adverse effect upon the welfare and safety of persons or
property.
(Code ????, § 12.32.180; Ord. No. 1458 § 1, 1998)
12.32.190 Penalties.201
Any person violating the provisions of any section of this chapter shall be guilty of a
misdemeanor and shall, upon conviction, be punished by a fine not to exceed five hundred
dollars or by imprisonment for a term not to exceed six months, or by both such fine and
201 This section is covered by the general penalty.
Page 401 of 924
imprisonment.
(Code ????, § 12.32.190; Ord. No. 1458 § 1, 1998)
Page 403 of 924
Title 13
PUBLIC SERVICES*
*State law references--Utility services, MCA 7-13-101 et seq.; municipal utilities, MCA 69-7-101 et
seq.
Division 1
WATER
Chapters:
13.04 Protection of Water Supply
13.08 Water System
13.12 Water Service Utility Operations
13.16 Water System Rules and Regulations 13.20 Irrigation Restrictions
13.21 Outdoor Water Use Restrictions
Division 2
SEWERS
13.24 Sewer Service Rules and Regulations
13.28 Sewage Disposal System
13.32 Sewer Service Outside City
13.36 Sewage Disposal Rates and Charges
Division 1
WATER
Chapter 13.04
PROTECTION OF WATER SUPPLY
Sections:
13.04.010 Interfering with or polluting water supply prohibited. 13.04.020 Watershed boundaries designated--Trespassing prohibited.
13.04.010 Interfering with or polluting water supply prohibited.
It is unlawful for any person, without the written permission of the director of public safety, to
manipulate, interfere with and/or obstruct, in whole or in part, directly or indirectly, the free
flow of water in any part of the municipal water carrying and distributing system of the city, whether within or without the corporate limits of the city; and/or to manipulate, interfere with,
injure, deface, remove and/or destroy any part of the water carrying and distributing system
of the city, including in whole and in part any and all appliances, pipelines, aqueducts,
reservoirs, telephone system and any signaling system or device, gates, headgates,
measuring devices, ditches, canals, trenches, drains, valves, valve parts, manholes, hydrants,
sprinkling-pipes, fences, gates, posts, signs, notices and/or appurtenances of every kind and
description of the water carrying and distributing system and/or used in connection therewith
and/or for the protection thereof, and/or any part thereof; and/or to pollute and/or impair the
purity and wholesomeness, by any means or manner whatsoever, of any part of the water
Page 404 of 924
supply of the municipal water carrying and distributing system within and without the
corporate limits of the city.
(Prior code, § 10.24.010; Code ????, § 13.04.010)
13.04.020 Watershed boundaries designated--Trespassing prohibited.
It is unlawful for any person not duly authorized or permitted as provided in Section 13.04.010 of this chapter to enter or trespass upon the watersheds and sources of the municipal water
supply of the city, which are described as follows:
Bozeman Creek Watershed
In Township 3 South, Range 6 East, Gallatin County, Montana.
All of Section 8.
S 1/2 of SW 1/4 and S 1/2 of the S 1/2 of SE 1/4 of Section 9.
S 1/2 of SW 1/4 of SW 1/4 of Section 10.
W 1/2 of SE 1/4, SW 1/4 and SW 1/4 of NW 1/4 of Section 14.
All of Sections 15, 16 and 17.
E 1/2 and E 1/2 of W 1/2 of Section 18.
NE 1/4 and N 1/2 of SE 1/4 of Section 19.
All of Sections 20, 21, 22, 23, and S 1/2 of Section 24.
All of Sections 25, 26, 27, 28 and NE 1/4 of Section 29.
All of Sections 34, 35 and 36.
In Township 3 South, Range 7 East, Gallatin County, Montana.
Section 19 and W 1/2 of Section 20.
SE 1/4, SW 1/4 and NW 1/4 of Section 29.
All of Sections 30, 31, 32 and W 1/2 of Section 33.
In Township 4 South, Range 6 East, Gallatin County, Montana.
Sections 1, 2 and NE 1/4 of Section 3.
NE 1/4 of Section 11.
Section 12 and E 1/2 of Section 13.
In Township 4 South, Range 7 East, Park County, Montana.
Page 405 of 924
NW 1/4 and W 1/2 of SW 1/4 of Section 4, Park County, Montana.
All of Sections 5, 6, 7, 8, 18 and W 1/2 of Section 17, Park County, Montana.
Lyman Creek Watershed
In Township 1 South, Range 6 East, Gallatin County, Montana.
The SE 1/4 of Section 21.
The NE 1/4 of the NE 1/4 of Section 28 (Lot 1).
Beginning at a point in the west line of the NE 1/4 of the SW 1/4 of Section 28, said point being 790 feet, more or less, north of the SW corner of said NE 1/4 of SW1/4; thence north 63
1/2 degrees east, 780 feet more or less; thence north 24 1/2 degrees east, 1005.7 feet more
or less; thence north 34 1/2 degrees east, 381.1 feet more or less, to a point in the west line
of Lot 3 of said Section 28; thence north 54 degrees east, 1594.5 feet more or less to a point
in the east line of Lot 2 of said Section 28, which point is 700 feet more or less south of the
Northeast corner of said Lot 2; thence north on the line between Lots 1 and 2, to the section
line between said Sections 21 and 28; thence west along said section line to the northwest corner of said Section 28; thence south to the Northwest corner of the SW 1/4 of the NW 1/4
of said Section 28; thence south to the northwest corner of the SE 1/4 of the NW 1/4 of said
Section 28; thence south to the point of beginning.
Section 22.
The SE 1/4 of Section 15, and the SW 1/4 of Section 14.
A tract of land (reservoir site) 800 feet east and west by 400 feet north and south (7.57 acres) in the northeast corner of the NE 1/4 of Section 32, and a tract of land (reservoir site) 311.14
feet east and west by 140 north and south (1 acre) in the southeast corner of the SE 1/4 of
Section 29.
(Prior code, § 10.24.020; Code ????, § 13.04.020)
Chapter 13.08
WATER SYSTEM202
-----
* Prior code history: Prior code, §§ 10.12.010--10.12.260.
-----
Sections:
Article I. Definitions
13.08.010 General.
13.08.020 Other definitions.
202 Were these bonds paid off in 2001?
Page 406 of 924
Article II. Findings and Authorization
13.08.030 The system.
13.08.040 The project.
13.08.050 Authority for bonds. 13.08.060 Issuance and sale of series 1982 bonds.
Article III. Series 1982 Bonds
13.08.070 Date, amount, denomination and maturity. 13.08.080 Interest.
13.08.090 Redemption. 13.08.100 Payment.
13.08.110 Preparation and delivery.
Article IV. Water System Fund
13.08.120 Bond proceeds and revenues pledged and appropriated.
13.08.130 Construction account. 13.08.140 Operating account.
13.08.150 Bond account.
13.08.160 Reserve account.
13.08.170 Depreciation account.
13.08.180 Surplus account.
13.08.190 Deposit and investment of funds.
Article V. Priorities and Additional Bonds
13.08.200 Priority of bond payments.
13.08.210 Additional refunding bonds.
13.08.220 Additional bonds.
13.08.230 Subordinate bonds.
Article VI. Covenants
13.08.240 General.
13.08.250 Competing service.
13.08.260 Property insurance.
13.08.270 Liability insurance and surety bonds.
13.08.280 Disposition of property. 13.08.290 Books and records.
13.08.300 Cost of insurance and accounting. 13.08.310 Handling of funds.
13.08.320 Rules and regulations.
13.08.330 Billing.
13.08.340 Rate covenant.
13.08.350 Independent engineer.
13.08.360 Remedies.
13.08.370 MBIA insurance.
Article VII. Amendments
Page 407 of 924
13.08.380 Amendments without bondholder consent.
13.08.390 Amendments with bondholder consent.
13.08.400 Notice and consent.
13.08.410 Proof.
Article VIII. Defeasance
13.08.420 General.
13.08.430 Payment.
13.08.440 Prepayable bonds.
13.08.450 Escrow.
Article IX. Arbitrage and Certifications of Proceedings
13.08.460 Arbitrage certificate.
13.08.470 Transcript.
Article I. Definitions
13.08.010 General.
The terms defined in this section shall for all purposes of this chapter have the meanings
herein specified, unless the context clearly otherwise requires:
2031. "This ordinance" means the ordinance codified in this chapter as originally adopted or
as it may from time to time be amended by one or more ordinance amendments adopted
pursuant to the applicable provisions hereof.
2. All references in this chapter to designated "sections" and other subdivisions are to the
designated sections and other subdivisions of this instrument as originally adopted.
3. The words "herein," "hereof" and "hereunder" and other words of similar import without
reference to any particular section or subdivision refer to the ordinance codified in this chapter
as a whole and not to any particular section or other subdivision unless the context clearly
indicates otherwise.
4. The terms defined in this section shall include the plural as well as the singular.
5. All accounting terms not otherwise defined herein have the meanings assigned to them
in accordance with generally accepted accounting principles.
6. All computations provided herein shall be made in accordance with generally accepted accounting principles.
(Code ????, § 13.08.010; Ord. No. 1115 § 1.01, 1982)
13.08.020 Other definitions.
The following words shall have the following meanings:
203 Deleted unnecessary rules of construction.
Page 408 of 924
1. "Accountant" means a person who is a certified public accountant employed or retained
by the city.
2. "Act" means Montana Code Annotated, Title 7, Chapter 7, Part 44 (MCA 7-7-4401 et
seq.)as heretofore and hereafter amended or supplemented.
3. "Additional bonds" means any bonds issued pursuant to Article V of this chapter,
exclusive of subordinate bonds.
4. "Bonds" means all bonds issued pursuant to this chapter, including the Series 1982
bonds and any additional bonds, but exclusive of subordinate bonds.
5. "Bond counsel" means any firm of nationally recognized bond counsel experienced in matters relating to the financing of public facilities, selected by the city.
6. "Bond account" means the account created in Section 13.08.150.
7. "Bondholder" means the bearer of a bond.
8. "City" means the city of Bozeman, Montana, and any successor to its functions hereunder.
9. "City request," "city order" or "city consent" means, respectively, a written request,
order or consent of the commission, signed by the manager or other official of the city
designated pursuant to a city resolution.
10. "City resolution" means a resolution, ordinance or other appropriate enactment by the commission certified by an appropriate official thereof to have been duly adopted by the
commission and to be in full force and effect on the date of such certification.
11. "Code" means the Internal Revenue Code of 1954, as amended. All references herein to
sections of the Code are to the sections thereof as they exist on the date of adoption of the
ordinance codified in this chapter, but include any amendments of the provisions thereof.
12. "Commission" means the city commission of the city or a successor to its functions.
13. "Construction account" means the account created in Section 13.08.130.
14. "Depreciation account" means the account created in Section 13.08.160.
15. "Engineer" means an engineer or firm of engineers duly licensed in the state and experienced in the operation, design and construction of municipal water systems.
16. "Fiscal year" means the twelve-month period commencing July 1st and ending June
30th or any other twelve-month period adopted by the commission as the fiscal year of the
system.
17. "Fund" or "water fund" means the water system fund created in Section 13.08.120.
18. "Government obligations" means direct general obligations of, or obligations the prompt payment of the principal of and the interest on which are fully and unconditionally guaranteed
by, the United States of America.
Page 409 of 924
19. "Improvements" means any additions, enlargements, improvements, extensions or
alterations of or to the system as it then exists (other than the project), and shall also mean
any fixtures, structures, other facilities or personal property acquired or constructed by the
city for use in connection with the system.
20. "Independent" when used with respect to any specified person means such a person who:
a. Is in fact independent;
b. Does not have any direct financial interest or any material indirect financial interest in the city, other than the payment to be received under a contract for services to be performed
by such person; and
c. Is not connected with the city, the city as an official, officer, employee, promoter,
underwriter, trustee, affiliate or person performing similar functions.
21. "Interest payment date" means the stated maturity of an installment of interest on any
of the bonds.
22. "Manager" means the city manager or a successor to his functions.
23. "Maturity" when used with respect to any bond means the date on which the principal
of such bond becomes due and payable as therein or herein provided, whether at the stated
maturity or by declaration of acceleration, call for redemption or otherwise.
24. "Maximum reserve requirement" means, as of the date of calculation, an amount of money equal to the average annual principal and interest requirements on outstanding bonds
for the then remaining future fiscal years during the term of the outstanding bonds or such greater amount as may be required in connection with the issuance of a series of additional
bonds.
25. "MBIA insurance" means a policy of insurance and all amendments thereto, if any,
issued by the municipal bond insurance association with respect to the Series 1982 bonds or any series of additional bonds.
26. "Net revenues" means the revenues of the system remaining upon each monthly
apportionment pursuant to Section 4 hereof, after crediting to the operating account the
amount required by Section 13.08.140 to be credited thereto. The net revenues for a fiscal
year shall be the aggregate of the net revenues for each of the twelve months therein after
appropriate adjustments and accruals, if any.
27. "Outstanding" when used with reference to bonds means, as of the date of determination, all bonds theretofore issued and delivered under this chapter except:
a. Bonds theretofore cancelled by the city or delivered to the city cancelled or for
cancellation;
b. Bonds and portions of bonds for whose payment or redemption moneys or government
obligations (as provided in Article VIII of this chapter) have been theretofore deposited for the holders of such bonds; provided, however, that if such bonds are to be redeemed, notice of
such redemption have been duly given pursuant to this chapter or irrevocable instructions to
call such bonds for redemption at a stated redemption date has been given to the paying
Page 410 of 924
agent; and
c. Bonds in exchange for or in lieu of which other bonds have been issued and delivered
pursuant to this chapter; provided, however, that in determining whether the holders of the
requisite principal amount of outstanding bonds have given any request, demand,
authorization, direction, notice, consent or waiver hereunder, bonds owned by the city shall be disregarded and deemed not to be outstanding.
28. "Paying agent" means any person designated by or pursuant to this chapter to receive
and disburse the principal of, premium, if any, and interest on the bonds on behalf of the city.
29. "Person" means any individual, corporation, partnership, joint venture, association, joint
stock company, trust, unincorporated organization or government, or any agency or political subdivision thereof.
30. "Principal and interest requirements on outstanding bonds" means, for any fiscal year,
the amount required to pay the principal and the interest becoming due on all outstanding
bonds during such fiscal year, to be determined on the assumption that each outstanding
serial bond is to be paid on its stated maturity and each outstanding term bond is to be paid
on its mandatory redemption date.
31. "Qualified investments" means those obligations and securities set forth in Section
13.08.190 hereof, in which revenues and other moneys may be invested.
32. "Rates" means the rates, fees, charges and rentals imposed by the city for connection
to and for the availability, use and benefit of the system and for the purchase of water and
other commodities and services provided thereby.
33. "Redemption date" when used with respect to any bond to be redeemed means the date on which it is to be redeemed pursuant hereto.
34. "Redemption price" when used with respect to any bond to be redeemed means the
price at which it is to be redeemed pursuant hereto.
35. "Reserve account" means the account created in Section 13.08.160.
36. "Series 1982 bonds" shall mean the five million dollar aggregate principal amount of the
city's water system revenue bonds, Series 1982.
37. "Stated maturity" when used with respect to any bond or any installment of interest
thereon means the date specified in such bond or the coupon representing such installment of interest as the fixed date on which principal of such bond or such installment of interest is due
and payable.
38. "Supplemental ordinance" means any ordinance supplemental or amendatory to the
ordinance codified in this chapter adopted pursuant to Article VII of this chapter.
39. "Subordinate bonds" means bonds or obligations issued by the city pursuant to Section
13.08.230.
40. "Surplus account" means the account created in Section 13.08.180.
41. "Surplus net revenues" means the net revenues of the system remaining upon each
Page 411 of 924
monthly apportionment pursuant to Article IV of this chapter, after crediting to the bond
account and reserve account the amounts required by Sections 13.08.150 and 13.08.160 to
be credited thereto.
42. "System" or "water system" means the real and personal properties owned or used by
the city in connection with its acquisition, treatment and distribution of water, including without limitation all water rights, water storage facilities, water mains and distribution lines,
water treatment and purification facilities, purifying equipment and facilities and all real and
personal properties incidental thereto and used in connection therewith and all improvements
thereto.
(Code ????, § 13.08.020; Ord. No. 1115 § 1.02, 1982)
Article II. Findings and Authorization
13.08.030 The system.
The city, pursuant to authority conferred by laws of the state has established and presently
owns and operates the system. The city and the system have all necessary right and title to an
adequate supply of water for its present and its projected requirements during the useful life of the project.
(Code ????, § 13.08.030; Ord. No. 1115 § 2.01, 1982)
13.08.040 The project.
After investigation of the facts and as authorized by the Act, this council has determined it to
be necessary and desirable and in the best interests of the city to acquire and construct the
project. The project will consist of a water treatment plant, two major water transmission
lines, water storage facilities and incidental and related real and personal properties all as
more fully described in plans and specifications therefor prepared by the engineer for the project. Plans and specifications for the project have been prepared and approved. The total
cost of the project, including construction contracts, engineering, legal, consulting and
administration fees and expenses, insurance premiums, reserve funds and a reasonable
allowance for contingencies, is presently estimated to be four million seven hundred twenty
thousand dollars. In addition, it is estimated that an additional three hundred thousand dollars will be required to establish an initial bond reserve, eighty thousand dollars will be required to
pay and retire outstanding water system revenue bonds and approximately one hundred sixty thousand dollars will be required to pay a premium for bond insurance and other costs of
issuance with respect to the Series 1982 bonds issued to finance project costs. The city has
applied to the Montana Public Service Commission for an increase in its rates to provide
sufficient revenues to pay for the increased costs arising from the project and Series 1982
bonds and has obtained approval from the Public Service Commission for such increases. All acts of the Commission and the city and its officers and employees with respect to authorizing,
construction and financing the project heretofore taken and done and not inconsistent with this chapter are hereby ratified and confirmed.
(Code ????, § 13.08.040; Ord. No. 1115 § 2.02, 1982)
13.08.050 Authority for bonds.
The city is duly authorized by the Act to issue the Series 1982 bonds in the aggregate principal
amount of five million dollars for the purpose of paying costs of acquiring and constructing the
project and costs and expenses incident thereto; to prescribe and collect just and equitable
Page 412 of 924
rates for connections to and use of the system and for services, facilities and commodities
directly or indirectly furnished thereby; and to pledge and appropriate to the payment of the
bonds the net revenues to be derived from the operation of the system as set forth herein.
There are no bonds outstanding which are payable from or constitute a lien against the net
revenues of the system except eighty thousand dollars of water revenue bonds due and
payable in the principal amount of fifty thousand dollars on July 1st in the years 1983 and 1984. The city shall deposit in escrow with the paying agent for the outstanding bonds an
amount of cash or cash and qualified securities sufficient to pay and redeem the bonds on July
1, 1983, and shall take all required action to call for redemption and prepay the bonds on said
date. The clerk, director of finance and mayor are authorized and directed to call the
outstanding bonds for redemption and execute and enter into instruments with respect thereto. The useful life of the system, as improved by the project, is greater than the term of
the Series 1982 bonds.
(Code ????, § 13.08.050; Ord. No. 1115 § 2.03, 1982)
13.08.060 Issuance and sale of series 1982 bonds.
The Series 1982 bonds shall be offered for sale at public, competitive sale in accordance with
the provisions of the Act. Upon the sale of the Series 1982 bonds, the city shall, pursuant to and in accordance with this chapter, issue the Series 1982 bonds in the aggregate principal
amount of five million dollars for the purpose of paying costs of the project. Costs of the project in excess of the proceeds of the Series 1982 bonds available therefor will be payable
from investment income and other available funds of the system.
(Code ????, § 13.08.060; Ord. No. 1115 § 2.04, 1982)
Article III. Series 1982 Bonds
13.08.070 Date, amount, denomination and maturity.
The Series 1982 bonds shall be in the aggregate principal amount of five million dollars, shall
be designated water system revenue bonds, Series 1982, shall be dated as of December 1,
1982, shall be one thousand in number and numbered from one through one thousand, in the
denomination of five thousand dollars each and shall have stated maturities of December 1st
in the years and amounts as follows:
Year Amount Serial Number
1983 $
90,000
1984 100,000 1985 115,000
1986 125,000 1987 140,000
1988 155,000
1989 170,000
1990 185,000
1991 205,000
1992 225,000
1993 250,000 1994 280,000
1995 305,000
Page 413 of 924
1996 340,000
1997 375,000
1998 415,000
1999 460,000
2000 505,000
2001 560,000
(Code ????, § 13.08.070; Ord. No. 1115 § 3.01, 1982)
13.08.080 Interest.
The Series 1982 bonds shall bear interest payable on each June 1st and December 1st,
commencing June 1, 1983 at the rate or rates per annum designated by the original purchaser thereof and approved by municipal resolution.
(Code ????, § 13.08.080; Ord. No. 1115 § 3.02, 1982)
13.08.090 Redemption.
A. Series 1982 bonds maturing in the years 1983 through 1992 shall be payable on their
respective stated maturities without option of prior payment, but those having stated
maturities dates in the years 1993 through 2001 shall each be subject to redemption and prepayment at the option of the city, in inverse order of serial numbers, on December 1, 1992,
and any interest payment date thereafter, at the redemption prices (expressed as a percentage of the principal amount of each such bond to be redeemed) set forth below
opposite the respective redemption dates of redemption plus accrued interest to the
redemption date, as follows:
Redemption Date Redemption Price
December 1, 1992 through June 1,
1997
101%
December 1, 1997 and thereafter 100%
B. Not less than thirty days before the date specified for redemption of any bond, notice of
the call thereof shall be mailed by the city director of finance, by registered mail, to the holder,
if known, to the original purchaser of the Series 1982 bonds and to the paying agent therefor, and shall also be published in one issue of the official newspaper of the city and in one issue of
The Bond Buyer published in New York, New York. The city director of finance is directed to maintain a record of the names and addresses of the holders of the prepayable Series 1982
bonds so far as such information is made available to him, for the purpose of mailing such
notices.
(Code ????, § 13.08.090; Ord. No. 1115 § 3.03, 1982)
13.08.100 Payment.
The principal of and interest on the Series 1982 bonds shall be payable in any coin or currency of the United States of America which on the respective dates of payment is legal tender for
public and private debts. The principal of and interest on the Series 1982 bonds shall be
payable at a paying agent designated by the original purchaser thereof and approved by city
resolution, or any successor paying agent designated in accordance with law. The city shall
pay the reasonable charges and expenses of the paying agent.
(Code ????, § 13.08.100; Ord. No. 1115 § 3.04, 1982)
Page 414 of 924
13.08.105 Form.
The Series 1982 bonds and the interest coupons appurtenant thereto shall be in substantially
the following form:
UNITED STATES OF AMERICA STATE OF MONTANA COUNTY OF GALLATIN
CITY OF BOZEMAN
WATER SYSTEM REVENUE BOND, SERIES 1982
No. $5,000
KNOW ALL MEN BY THESE PRESENTS that the City of Bozeman (the City), a duly organized
municipal corporation of Gallatin County, Montana, for value received promises to pay to
bearer, solely from the Bond Account of its Water System Fund, the sum of FIVE THOUSAND
DOLLARS on the 1st day of December, 19___, or, if this Bond is prepayable as stated below,
on a date prior thereto on which it shall have been duly called for redemption, and to pay
interest on said principal sum from said account from the date hereof until the principal sum is
paid or, if this Bond is prepayable, until it has been duly called for redemption, at the rate of ____________________ percent (_____%) per annum, payable semiannually on June 1 and
December 1 in each year, commencing June 1, 1983, interest to maturity being represented
by and payable in accordance with and upon presentation and surrender of the interest
coupons appurtenant hereto. Both principal and interest are payable at
____________________, in __________, __________, or a duly appointed successor paying
agent, in any coin or currency of the United States of America which on the respective dates of
payment is legal tender for public and private debts.
This Bond is one of an issue in the principal amount of $5,000,000 (the Series 1982 Bonds), all of like date and tenor except as to serial number, interest rate, maturity date and
redemption privilege, issued for the purpose of providing money to finance the construction of
improvements (the Project) to the City's municipal water system (the Water System) and to
refund outstanding water system revenue bonds pursuant to and in full conformity with the
Constitution and laws of the State of Montana and the resolutions of said City thereunto enabling, including Title 7, Chapter 7, Part 44, Montana Code Annotated, and Ordinance No.
_____ of the City, duly enacted on __________, __________ (the Authorizing Ordinance).
The Series 1982 Bonds maturing in the years 1983 through 1992 are payable on their
respective Stated Maturities without option of prior payment, but those having Stated
Maturities in the years 1993 through 2001 are each subject to redemption and prepayment at
the option of the City, in inverse order of serial numbers, on December 1, 1992, and any Interest Payment Date thereafter, at the Redemption Prices (expressed as a percentage of the
principal amount of each such bond to be redeemed) set forth below opposite the respective Redemption Dates plus accrued interest to the Redemption Dates as follows:
Redemption Date Redemption
Price
December 1, 1992 through June 1,
1997
101%
December 1, 1997 and thereafter 100
Not less than 30 days before the date specified for redemption of any Bond, notice of the call
thereof shall be mailed by the City Director of Finance, by registered mail, to the Holder, if
Page 415 of 924
known, to the Original Purchaser of the Series 1982 Bonds and to the Paying Agent therefor,
and shall also be published in one issue of the official newspaper of the City and in one issue
of The Bond Buyer published in New York, New York. The City Director of Finance is director to
maintain a record of the names and addresses of the Holders of the prepayable Series 1982
Bonds so far as such information is made available to him, for the purpose of mailing such
notices.
IT IS CERTIFIED, RECITED, COVENANTED AND AGREED that the City has duly authorized and
will forthwith construct and complete the construction of the Project, has fixed and established
and will collect reasonable rates and charges for the services and facilities afforded by the
System, in accordance with and subject to the regulations of the Montana Public Service Commission, and has created a special Water System Fund into which the gross revenues of
the Water System, including all additions thereto and replacements and improvements thereof, will be paid, and a separate and special Bond Account in that fund, into which will be paid each
month, from and as a first and prior lien on the Net Revenues of the Water System an amount
which is equal to not less than the sum of one-sixth of the interest due within the next six
months and one-twelfth of the principal due within the next twelve months with respect to all
outstanding Bonds payable from that account, and into which shall be paid additional Net
Revenues sufficient to accumulate and maintain a reserve therein equal to the average annual
amount of principal and interest to fall due within any subsequent fiscal year on all such Bonds; that the Bond Account will be used only to pay the principal of and interest on Bonds
issued pursuant to the authority herein recited; that the rates and charges for the Water
System will from time to time be made and kept sufficient to provide gross income and
revenues adequate to pay promptly the reasonable and current expenses of operating and
maintaining the Water System and to produce in each fiscal year Net Revenues in excess of
such current expenses equal to 125% of the maximum amount of principal and interest
payable from the Revenue Bond account in any subsequent fiscal year; that additional Bonds and refunding Bonds may be issued and made payable from the Revenue Bond Account on a
parity with the Series 1982 Bonds upon certain conditions set forth in the Authorizing Ordinance but no obligation will be otherwise incurred and made payable from the Net
Revenues of the Water System, whether or not such obligation shall also constitute a general
obligation and indebtedness of the City, unless the lien thereof shall be expressly made
subordinate to the lien of the Series 1982 Bonds and parity Bonds on such Net Revenues; that
all provisions for the security of the holder of this Bond set forth in the Authorizing Ordinance will be punctually and faithfully performed as therein stipulated; that all acts, conditions and
things required by the Constitution and laws of the State of Montana and the ordinances and resolutions of the City to be done, to exist, to happen and to be performed in order to make
this Bond a valid and binding special obligation of the City according to its terms have been
done, do exist, have happened and have been performed as so required; and that this Bond
and the interest hereon are payable solely from the Net Revenues of the Water System
pledged and appropriated to the Revenue Bond Account and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation or provision and the
issuance of this Bond does not cause either the general or the special indebtedness of the City to exceed any constitutional or statutory limitation.
[To be inserted if appropriate]
[The payment of the principal and interest on the Series 1982 Bonds, as due in accordance
with their respective terms, without regard to any acceleration thereof, is guaranteed by the
Municipal Bonds Insurance Associations pursuant to and in accordance with the terms and provisions of a policy of insurance - Policy No. __________, a copy of which is on file with the
paying agent.]
Page 416 of 924
IN WITNESS WHEREOF, the City of Bozeman, Gallatin County, Montana, by its City
Commission, has caused this Bond and the certificate on the reverse side hereof and the
coupons appurtenant hereto to be executed in its behalf by the signatures of the Mayor, Clerk
of Commission and Director of Finance, and its corporate seal to be affixed hereto, all of such
signatures being authentic facsimiles authorized by the officers to be printed hereon, except
for the manual signature of one officer on the face of this Bond, and has caused this Bond to be dated as of June 1, 1982.
_____________________________
Mayor
Countersigned:
_____________________________
Director of Finance
Attest: ______________________________
Clerk of Commission
(SEAL)
(Form of Coupon)
No. $
On the 1st day of June (December), 19___, unless the Bond described below is subject to and
has been called for earlier redemption, the City of Bozeman, Gallatin County, Montana, will pay to bearer __________ ____________________, in __________ __________,
____________________, from the Bond Account in its Water System Fund, the amount shown hereon in lawful money of the United States of America for interest then due on its
Water System Revenue Bond, Series 1982, dated June 1, 1982, No. _____.
(Facsimile signature) (Facsimile signature)
Director of Finance Clerk of Commission (Facsimile signature)
Mayor
(Form of certificate to be printed on the reverse side of each Bond, following a full copy of the
legal opinion on the issue)
We certify that the above is a full, true and correct copy of the legal opinion rendered by Bond Counsel, on the issue of Bonds of the City of Bozeman, Gallatin County, Montana, which
includes the within Bond, dated as of the date of delivery of and payment for the Bonds.
(Facsimile signature) (Facsimile signature)
Director of Finance Clerk of Commission
(Facsimile signature)
Mayor
(Code ????, § 13.08.105; Ord. No. 1115 § 3.05, 1982)
13.08.110 Preparation and delivery.
Page 417 of 924
The Series 1982 bonds shall be prepared under the direction of the director of finance, and
shall be executed on behalf of the city by the signature of the mayor, countersigned by the
director of finance, and attested by the clerk of commission; provided, that the signature of
two of such officers may be a printed facsimile thereof. The interest coupons appurtenant to
the Series 1982 bonds shall be executed and authenticated by the printed facsimile signatures
of such officers, and on the reverse side of each bond shall be printed a copy of the legal opinion to be rendered by the bond counsel, authenticated by the certificate and facsimile
signatures of such officers. The Series 1982 bonds shall be sealed with the corporate seal of
the city, which may be printed thereon. After registering the Series 1982 bonds in the manner
specified in Section 7-7-4257, Montana Code Annotated, the director of finance shall cause
them to be delivered to the original purchaser thereof, upon payment of the purchase price as specified in the contract of sale, and the original purchaser shall not be obligated to see to the
application of the purchase price.
(Code ????, § 13.08.110; Ord. No. 1115 § 3.06, 1982)
Article IV. Water System Fund
13.08.120 Bond proceeds and revenues pledged and appropriated.
The water system fund is hereby created and shall be maintained as a separate and special
bookkeeping account on the official books of the city until all bonds issued hereunder and interest and redemption premiums due thereon have been fully paid, or the city's obligations
with reference to such bonds has been discharged as provided in this chapter. All proceeds of
bonds issued hereunder and all other funds from the system hereafter received or
appropriated for purposes of the system are appropriated to this fund. All revenues derived
from the system are irrevocably pledged and appropriated and shall be credited to the fund as
received. All revenues of the system on hand in the city's existing water system fund as of
December 1, 1982, exclusive of revenues appropriated and pledged to the payment and defeasance of the city's outstanding water revenue bonds, shall be pledged, appropriated and
credited to the fund. The fund shall be subdivided into separate accounts as designated and
described in Sections 13.08.130 and 13.08.170, to segregate income and expenses received,
paid and accrued for the respective purposes described in those sections. The revenues
received in this fund shall be apportioned monthly, commencing December 1, 1982.
(Code ????, § 13.08.120; Ord. No. 1115 § 3.07, 1982)
13.08.130 Construction account.
The construction account shall be used only to pay as incurred and allowed costs which under
generally accepted accounting principles are capital costs of the project, and of such future
improvements as may be authorized in accordance with law, including but not limited to
payments due for work and materials performed and delivered under construction contracts, architectural, engineering, inspection, supervision, fiscal and legal expenses, the cost of lands
and easements, interest accruing on bonds issued hereunder during the period of construction of the project and the improvements financed thereby and for six months thereafter, if and to
the extent that the bond account is not sufficient for payment of such interest, reimbursement
of any advances made from other city funds, and all other expenses incurred in connection
with the construction and financing of the project or any such improvement. To the
construction account shall be credited as received all proceeds of bonds issued hereunder
(except proceeds of additional bonds appropriated to refund outstanding bonds or
appropriated to another account in the fund), amounts appropriate by the city for the project, and all income received from the investment of the construction account.
Page 418 of 924
(Code ????, § 13.08.130; Ord. No. 1115 § 4.02, 1982)
13.08.140 Operating account.
On each monthly apportionment there shall first be set aside and credited to the operating account, as a first charge on the revenues, such amounts as may be required over and above
the balance then held in the account to pay the reasonable and necessary operating expenses of the system which are then due and payable, or are to be paid prior to the next monthly
apportionment. The term "operating expenses" means the current expenses, paid or accrued,
of operation, maintenance and current repair of the system, as calculated in accordance with
generally accepted accounting principles, and shall include, without limitation, administrative
expenses of the city relating solely to the system, premiums for insurance on the properties thereof, labor and the cost of materials and supplies used for current operation and for
maintenance, and charges for the accumulation of appropriate reserves for current expenses which are not recurrent monthly but may reasonably be expected to be incurred. Such
expenses shall not include any allowance for depreciation or renewals or replacements of
capital assets of the system or interest expense and shall not include any portion of the
salaries or wages paid to any officer or employee of the city, except such portion as shall
represent reasonable compensation for the performance of duties necessary to the operation of the system. There shall also be credited to this account upon the delivery of the Series 1982
bonds and from available funds other than the proceeds therefrom a sum equal to the estimated average monthly operating expenses of the system to establish an operating
reserve, which sum shall be maintained by additional transfers upon each monthly
apportionment whenever necessary, or may be augmented by transfers of additional amounts
from the surplus account described below if determined by the city commission to be
necessary to meet contingencies arising in the operation and maintenance of the system.
Moneys in the operating account shall be used solely for the payment of current operating
expenses of the system, as herein defined.
(Code ????, § 13.08.140; Ord. No. 1115 § 4.03, 1982)
13.08.150 Bond account.
Upon each monthly apportionment there shall be set aside and credited to the revenue bond
account out of the net revenues an amount equal to not less than the sum of one-sixth of the interest due within the next six months plus one-twelfth of the principal to become due within
the next twelve months with respect to all outstanding bonds. Moneys from time to time held in the bond account shall be disbursed only to meet payments of principal and interest on
bonds as such payments become due; provided, that on any date when all outstanding bonds
are due or prepayable by their terms, if the amount then on hand in the bond account is
sufficient with other moneys available for the purpose to pay all such bonds and the interest
accrued thereon in full, it may be used for that purpose. If any payment of principal or interest becomes due when moneys in the bond account are temporarily insufficient therefor, such
payment shall be advanced out of any net revenues theretofore segregated and then on hand in the depreciation account or the surplus account or the reserve account in said order.
(Code ????, § 13.08.150; Ord. No. 1115 § 4.04, 1982)
13.08.160 Reserve account.
Upon receipt and from the proceeds of the Series 1982 bonds the city shall credit to the
reserve account the sum of two hundred thousand dollars. Thereafter, upon each monthly
apportionment, from the net revenues remaining after the credit therefrom to the bond
Page 419 of 924
account, the city shall credit the revenue account an amount equal to one-thirty-sixth of the
difference between the maximum reserve requirement and three hundred thousand dollars
until the balance in the reserve account equals the maximum reserve requirement. Thereafter
the city shall maintain the same by crediting on each monthly apportionment to the reserve
account from the net revenues remaining after the credit to the bond account. Amounts on
hand in the reserve account shall be transferred by the city to the bond account if on any interest payment date the amount then on hand in the bond account, after transfers from the
depreciation account and surplus account, is not sufficient to pay the principal and interest
then due, whether at maturity or upon redemption or by acceleration. If not used for that
purpose, the city shall hold the reserve account in trust to be applied toward payment of the
final payment or toward redemption or defeasance of outstanding bonds when bonds are by their terms redeemable or defeasable and all of the outstanding bonds are to be redeemed or
defeased and paid in full.
(Code ????, § 13.08.160; Ord. No. 1115 § 4.05, 1982)
13.08.170 Depreciation account.
There shall next be credited, upon each monthly apportionment, to the depreciation account
such portion of the surplus net revenues as the commission shall determine for depreciation of the system and for replacement or renewal of worn out, obsolete or damaged properties and
equipment thereof. Moneys in this account shall be used only for the purposes above stated or, if so directed by the commission, to redeem bonds which are prepayable according to their
terms, to pay principal or interest when due thereon as required in Section 13.08.150, or to
pay the cost of improvements to the system; provided, that in the event of financing the
construction and installation of additional improvements or additions to the water system
other than from proceeds of bonds payable from the bonds account, surplus net revenues
from time to time received may be segregated and paid into one or more separate and
additional accounts prior to the payment required to be made into the depreciation account.
(Code ????, § 13.08.170; Ord. No. 1115 § 4.06, 1982)
13.08.180 Surplus account.
A. Any amount of the surplus net revenues from time to time remaining after the above
required applications thereof shall be credited to the surplus account, and the moneys from time to time in that account, when not required to restore a current deficiency in the bond
account as provided in Section 13.08.150, may be used for any of the following purposes and otherwise:
1. To redeem and prepay bonds payable from the net revenues when and as such bonds
become prepayable according to their terms; or
2. To purchase bonds on the open market, whether or not the bonds may then be
prepayable according to their terms; or
3. To be held as a reserve for redemption and prepayment of bonds payable from the net
revenues which are not then but will later be prepayable according to their terms; or
4. To pay for repairs of or for the construction and installation of improvements to the
system; or
5. To restore the operating reserve or increase the same when determined to be necessary
by the commission.
Page 420 of 924
B. No moneys shall at any time be transferred from the surplus account or any other
account of the fund to any other fund of the city, nor shall such moneys at any time be loaned
to other municipal funds or invested in warrants, special improvement bonds or other
obligations payable from other funds, except as provided in Section 13.08.190.
(Code ????, § 13.08.180; Ord. No. 1115 § 4.07, 1982)
13.08.190 Deposit and investment of funds.
The director of finance shall cause all moneys pertaining to the fund to be deposited as
received with one or more depository banks duly qualified in accordance with the provisions of
Section 7-7-201, Montana Code Annotated, in a deposit account or accounts. The balance in such accounts, except such portion thereof as shall be guaranteed by federal deposit
insurance, shall at all times be secured to its full amount by bonds or securities of the types set forth in said Section 7-7-201. Any of such moneys not necessary for immediate use may
be deposited with such depository banks in savings or time deposits. No moneys shall at any
time be withdrawn from such deposit accounts except for the purposes of the fund as defined
and authorized in this chapter; except that moneys from time to time on hand in the fund may
at any time, in the discretion of the commission, be invested in government obligations, bank repurchase agreements with respect to such obligations or certificates of deposits of national
banks having a combined capital and surplus of at least one million dollars maturing and bearing interest at the times and in the amounts estimated to be required to provide cash
when needed for the purposes of the respective accounts; provided, that the reserve account,
the depreciation account and the surplus account may be invested in government obligations
maturing not later than five years from the date of the investment. Income received from the
deposit or investment of moneys in said accounts shall be credited to the account from whose
moneys the deposit was made or the investment was purchased, and handled and accounted
for in the same manner as other moneys in that account.
(Code ????, § 13.08.190; Ord. No. 1115 § 4.08, 1982)
Article V. Priorities and Additional Bonds
13.08.200 Priority of bond payments.
Each and all of the bonds shall be equally and ratably secured by and payable out of the net
revenues without preference or priority of any one bond over any other by reason of serial number or otherwise; provided, that if at any time the net revenues on hand in the fund are
insufficient to pay principal and interest then due on all such bonds, any and all moneys then
on hand shall be first used to pay the interest accrued on all outstanding bonds, and the
balance shall be applied toward payment of the maturing principal of such bonds to be paid
first, and pro rata in payment of bonds maturing on the same date.
(Code ????, § 13.08.200; Ord. No. 1115 § 5.01, 1982)
13.08.210 Additional refunding bonds.
The city reserves the right and privilege of refunding any or all of the bonds herein authorized
and referred to, but only subject to the following terms and conditions:
A. Any matured bonds may be refunded if moneys available for the payment thereof at
maturity, within the limitation prescribed in Section 13.08.120, should at any time be
insufficient to make such payment in full.
Page 421 of 924
B. Any bonds may be refunded prior to maturity, as and when they become prepayable
according to their terms.
C. Provision may be made for the payment and refunding of any unmatured bonds by the
deposit with a duly qualified depository bank, as escrow agent, of cash sufficient, or of securities of the kinds authorized by law, the agreed payments of interest and principal with
respect to which are sufficient, to pay the principal amount of such bonds with interest to
maturity or to any prior date or dates on which they have been duly called for redemption, and
any premium required for such redemption.
D. Any refunding bonds issued for the above purposes may be made payable from the net
revenues on a parity with all then outstanding bonds, provided that:
1. The maturity of each refunding bond shall be subsequent to the last maturity of any
then outstanding bonds which are not refunded or to be refunded out of moneys on deposit
with such escrow agent; and
2. No bondholder shall be required to accept a refunding bond in exchange for any bond
owned by him.
(Code ????, § 13.08.210; Ord. No. 1115 § 5.02, 1982)
13.08.220 Additional bonds.
A. The city reserves the right to issue additional bonds for the purpose of financing costs
of improvements (including the project), including reserve requirements and financing costs
with respect thereto, payable from the bond account of the fund, on a parity as to both
principal and interest with the Series 1982 bonds and other additional bonds, if:
1. The net revenues for the last complete fiscal year preceding the issuance of such
additional bonds have equaled at least one hundred twenty-five percent of the maximum
principal and interest requirements on outstanding bonds and the additional bonds; in any
subsequent fiscal year during the term of the outstanding bonds;
2. The balance in the reserve account is increased to the maximum reserve requirement with respect to the outstanding bonds and additional bonds from the proceeds of the
additional bonds or from net revenues within thirty-six months from the issuance of the
additional bonds; and
3. An opinion of bond counsel is obtained to the effect that the issuance of the additional
bonds will not cause interest on the outstanding bonds to become subject to federal income
taxation.
B. For the purpose of the foregoing computation, the net revenues for the fiscal year
preceding the issuance of additional bonds shall be those shown by the financial reports
caused to be prepared by the city pursuant to Section 13.08.290, except that if the rates for
services provided by the system have been changed since the beginning of such preceding
fiscal year, then the rates in effect at the time of issuance of the additional bonds or finally
authorized to go into effect within sixty days thereof shall be applied to the quantities of
service actually rendered and made available during such preceding fiscal year to ascertain the
revenues, from which there shall be deducted to determine the net revenues, the actual operating costs plus any additional annual operating costs of which an independent engineer
Page 422 of 924
estimates will be incurred because of the improvements of the system to be constructed from
the proceeds of the additional bonds proposed to be issued. In no event shall any additional
bonds be issued bond account if the city is then in default in any payment of principal or
interest on any outstanding bonds or if there then exists any deficiency in the balances
required by this chapter to be maintained in any of the accounts of the fund which will not be
corrected upon the issuance of the additional bonds.
(Code ????, § 13.08.220; Ord. No. 1115 § 5.03, 1982)
13.08.230 Subordinate bonds.
Nothing in this chapter shall preclude the city from issuing bonds or obligations which are
expressly made a charge on only the surplus net revenues subordinate to the pledge of net revenues to the bond account.
(Code ????, § 13.08.230; Ord. No. 1115 § 5.04, 1982)
Article VI. Covenants
13.08.240 General.
The city covenants and agrees with the holders from time to time of all bonds that the recitals contained in Article I of this chapter are correct; and that until all bonds are fully discharged
as provided in this chapter, it will continue to hold, maintain and operate the system as a public utility and convenience, free from all liens thereon or on the revenues other than the
liens herein granted or provided for, and will maintain, expend and account for the fund and
the several accounts therein as provided in Article IV of this chapter, and will not incur a
further lien or charge on the revenues of the system except upon the conditions and in the
manner prescribed in Article V of this chapter, and will perform and cause all other officers and
employees of the city, to perform and enforce each and all of the additional covenants and
agreements set forth in this article; and that it will complete the construction, furnishing and equipping of the project and all other improvements as expeditiously as practical.
(Code ????, § 13.08.240; Ord. No. 1115 § 6.01, 1982)
13.08.250 Competing service.
The city will not establish or authorize the establishment of any other system for the public supply of service or services in competition with any or all of the services supplied by the
system.
(Code ????, § 13.08.250; Ord. No. 1115 § 6.02, 1982)
13.08.260 Property insurance.
The city will cause all buildings, properties, fixtures and equipment constituting a part of the
system to be kept insured with a reputable insurance carrier or carriers, qualified under the laws of Montana, in such amounts as are ordinarily carried, and against loss or damage by
fire, explosion, and such other hazards and risks as are ordinarily insured against, by public utilities owning and operating properties of a similar character and size; provided, that if at
any time the city is unable to obtain insurance, it will obtain insurance in such amounts and
against risks are reasonable obtainable. The proceeds of all such insurance are duly
appropriated to the construction account and shall be available and used for the repair,
replacement and reconstruction of damaged or destroyed property, and until paid out in making good such loss or damage, are pledged as security for the outstanding bonds. All
Page 423 of 924
insurance proceeds received in excess of the amount required for restoration of the loss or
damage compensated thereby shall be and become part of the revenues appropriated to the
fund. If for any reason insurance proceeds are insufficient for the repair, replacement and
reconstruction of the insured property, the city shall supply the deficiency from revenues on
hand in the depreciation account and surplus account.
(Code ????, § 13.08.260; Ord. No. 1115 § 6.03, 1982)
13.08.270 Liability insurance and surety bonds.
The city will carry insurance against liability of the city and its employees for damage to
persons and property resulting from the operation of the system in such amounts as the city
determines from time to time to be necessary or advisable by reason of the character and extent of such operation. It will also cause all persons handling money and other assets of the
fund to be adequately bonded for the faithful performance of their duties and to account for and pay over such money to the city. All amounts received under such insurance and bonds
shall be applied to the payment of the loss or damage covered thereby. The premiums for all
insurance and bonds required by this section and Section 13.08.260 constitute part of the
operating expenses of the system, but no insurance liabilities of the city in excess of amounts
received under such insurance and bonds shall constitute a lien or charge on revenues or any other assets herein or otherwise pledged to the fund.
(Code ????, § 13.08.270; Ord. No. 1115 § 6.04, 1982)
13.08.280 Disposition of property.
The city will not mortgage, lease, sell or otherwise dispose of any real or personal properties
of the system, unless:
A. Prior to or simultaneous with such mortgage, lease, sale or other disposition, all of the
bonds issued hereunder and then outstanding shall be discharged as provided in Article VII of this chapter; or
B. 1. The properties to be mortgaged, leased, sold or otherwise disposed of are
unserviceable, inadequate, obsolete or no longer required for use in connection with the
system;
2. The mortgage, lease, sale or other disposition will not prevent the city from complying with the provisions of this resolution; and
3. All proceeds of the mortgage, lease, sale or other disposition of such properties are
deposited into the fund.
(Code ????, § 13.08.280; Ord. No. 1115 § 6.05, 1982)
13.08.290 Books and records.
The city will cause proper and adequate books of record and account to be kept showing
complete and correct entries of all receipts, disbursements and other transactions relating to
the system, the monthly gross revenues derived from its operation, and the segregation and
application of the gross revenues in accordance with this chapter, in such reasonable detail as
may be determined by the city in accordance with generally accepted accounting practices and
principles. It will cause such books to be maintained on the basis of the same fiscal year as
that utilized by the city. The city shall have prepared and supplied to the original purchasers
Page 424 of 924
and paying agents, within one hundred twenty days of the close of each fiscal year, an audit
report prepared by an independent accountant in accordance with applicable generally
accepted accounting principles with respect to the financial statements and records of the
system which report shall, in addition to other information deemed appropriate by the
independent accountant, contain the following information:
1. A statement in detail of the income and expenditures of the system for the fiscal year,
identifying capital expenditures and separating them from operating expenditures;
2. A balance sheet as of the end of the fiscal year;
3. The number of premises connected to the system at the end of the fiscal year;
4. The amount on hand in each account of the fund at the end of the fiscal year;
5. A list of the insurance policies and fidelity bonds in force at the end of the fiscal year,
setting out as to each the amount thereof, the risks covered thereby, the name of the insurer
or surety and the expiration date of the policy or bond; and
6. A determination that the report shows full compliance by the city with the provisions of this chapter during the fiscal year covered thereby, including proper segregation of the capital
expenditures from operating expenses, maintenance of the required balance in the bond
account, and receipt of net revenue during each fiscal year at least equal to one hundred
twenty-five percent of the maximum principal and interest requirements in or, if the report
should reveal that the revenues and net revenue have been insufficient for compliance with
this chapter, or that the methods used in accounting for such revenues or net revenues were
contrary to any provision of this chapter, the report shall include a full explanation thereof, together with recommendations for such changes in rates accounting practices or in the
operation of the system as may be required.
(Code ????, § 13.08.290; Ord. No. 1115 § 6.06, 1982)
13.08.300 Cost of insurance and accounting.
The insurance and fidelity bond premiums and the cost of the bookkeeping and audits herein
provided for and of the billings and collection of the rates, shall be payable from the operating account.
(Code ????, § 13.08.300; Ord. No. 1115 § 6.07, 1982)
13.08.310 Handling of funds.
The employees of the city, under the direction and control of the manager, shall keep books of account, issue statements and collect bills for the rates and for other money currently
receivable on account of the system and shall, to the extent required by Section 13.08.330 provide for the discontinuance of service in case of nonpayment for services or noncompliance
with regulations. All money collected with respect to the system shall be deposited daily with
the director of finance. The director of finance shall be bonded at all times with a surety
company authorized to do business in Montana, in the amount of at least five thousand
dollars, to assure the faithful carrying out of such duties. Any failure on the part of the director
of finance to comply and to enforce compliance on the part of all officers and employees
concerned with the provisions of this chapter shall constitute malfeasance for which the director of finance and the surety on his bond shall be personally liable.
Page 425 of 924
(Code ????, § 13.08.310; Ord. No. 1115 § 6.08, 1982)
13.08.320 Rules and regulations.
The rules and regulations for operation of the system and the use of water service from the system shall be as provided in the existing city resolutions, and any city resolutions
subsequently adopted amendatory thereof or supplemental thereto, all, however, consistent with the terms and provisions of this chapter and prudent practices and procedures for the
operation of a public water utility of the size and character of the system.
(Code ????, § 13.08.320; Ord. No. 1115 § 6.09, 1982)
13.08.330 Billing.
The charges for water services will be billed at least monthly, and if the bill is not paid within
ninety days of the date of billing, or if the customer fails to comply with all rules and
regulations established for the system within ninety days after notice of violation thereof
(which notice shall be given promptly upon discovery of any such violation), the service to the
premises involved shall be discontinued and shall not be resumed until payment of all past-due
bills for water service and compliance with all such rules and regulations. The city shall take
appropriate legal action to collect the unpaid charges, including, to the extent now or hereafter authorized by law, making the charge a lien against the real property served by the water
connection for which the charge remains unpaid and causing charges with respect to such properties to be collected in the same manner as taxes levied against property within the city.
(Code ????, § 13.08.330; Ord. No. 1115 § 6.10, 1982)
13.08.340 Rate covenant.
A. While any bonds payable from the revenue bond account are outstanding and unpaid, the rates for all services and facilities furnished and made available by the system to the city
and its inhabitants, and to all customers within or without the boundaries of the city, shall be
reasonable and just, taking into consideration the cost and value of the system and the cost of
maintaining and operating them, and the amounts necessary for the payment of all bonds and
the accruing interest thereon, and the proper and necessary allowances for the depreciation of
the water system, and no free service shall be provided to any person or corporation. It is
covenanted and agreed that the rates, charges and rentals to be charged to all recipients of water services shall be maintained and shall be revised, subject to any required approval and
regulation by the Public Service Commission of the state, whenever and so often as may be necessary, according to schedules such that the revenues therefrom will be at least sufficient
to pay the current operating expenses, to maintain the operating reserve established, and to
produce net revenues during each fiscal year commencing with the fiscal year ending June 30,
1983, not less than one hundred twenty-five percent of the sum of the maximum principal and
interest requirements on outstanding bonds during any subsequent fiscal year.
B. If at the close of any fiscal year the net revenues have been less than required hereby, the city will prepare a schedule of altered rates which are just and equitable and sufficient to
produce net revenues in such amount, and will do all things necessary to the end that such
schedule will be placed in operation at the earliest possible date.
C. The establishment of a ratio of net revenues at least equal to one hundred twenty-five
percent of the sum of the maximum principal and interest requirements on outstanding bonds
has been deemed necessary in order to sell the bonds upon terms most advantageous to the
Page 426 of 924
city. The excess of the net revenues may be used as authorized in Article IV of this chapter.
The bonds may be prepaid according to their terms on and after December 1, 1992, and in the
estimation of the commission any excess, prior to that date, of net revenues will be needed to
pay or to provide reserves for payment of replacements, renewals and improvement costs, in
order to provide adequate service for the present population and the increase thereof
reasonably to be expected; and after that date, any excess not required for such purposes in the judgment of the commission may be used to prepay bonds and thereby reduce the interest
cost thereon to the city and to the persons served by the system.
(Code ????, § 13.08.340; Ord. No. 1115 § 6.11, 1982)
13.08.350 Independent engineer.
If the commission defaults in its obligations hereunder, or if additional bonds for improvements
are to be issued, the commission will retain an independent engineer to advise it. In the event the city defaults in the payment of principal or interest on any bonds or fails for two
consecutive years to meet the requirements of Section 13.08.340, the independent engineer
shall prepare a report based upon a survey of the system and the operation and maintenance
thereof. Such report shall, in addition to such other information and recommendations as the
independent engineer may determine to include or the commission may request, include the independent engineer's comments regarding the manner in which the commission has carried
out the requirements of this chapter, and regarding any change or improvement which should in his opinion be made in the operation of the system. Copies of such reports shall be made
available upon request to bondholders.
(Code ????, § 13.08.350; Ord. No. 1115 § 6.12, 1982)
13.08.360 Remedies.
The holders of not less than twenty-five percent in principal amount of the outstanding bonds
issued and secured under the provisions of this chapter shall have the right, either at law or in equity, by suit, action or other proceedings, to protect and enforce the rights of all holders of
such bonds and to compel the performance of any and all of the covenants required herein to
be performed by the city, and its officers and employees, including but not limited to the fixing
and maintaining of rates and the collection and proper segregation of revenues and the
application and use thereof. The holders of a majority in principal amount of such outstanding bonds shall have the right to direct the time, method and place of conducting any proceeding
for any remedy available to the bondholders or the exercise of any power conferred on them, and the right to waive a default in the performance of any such covenant, and its
consequences, except a default in the payment of the principal of or interest on any bond
when due. However, nothing herein shall impair the absolute and unconditional right of the
holder of each such bond to receive payment of the principal of and interest on such bond as
such principal and interest respectively become due, and to institute suit for any such payment. Any court having jurisdiction of the action may appoint a receiver to administer the
system on behalf of the city with power to charge and collect rates sufficient to provide for the payment of any bonds or other obligations outstanding against the system, and to apply the
revenues in conformity with this chapter and the laws of the state.
(Code ????, § 13.08.360; Ord. No. 1115 § 6.13, 1982)
13.08.370 MBIA insurance.
The city will keep, perform and observe each of its obligations under and with respect to the
MBIA insurance.
Page 427 of 924
(Code ????, § 13.08.370; Ord. No. 1115 § 6.14, 1982)
Article VII. Amendments
13.08.380 Amendments without bondholder consent.
The city reserves the right to amend the ordinance codified in this chapter from time to time and at any time, for the purpose of curing any ambiguity or of curing, correcting or
supplementing any defective provision contained herein, or of making such provisions with
regard to matters or questions arising hereunder as the commission may deem necessary or
desirable and not inconsistent with this chapter, and which shall not adversely affect the
interest of the holders of bonds issued hereunder, or for the purpose of adding to the covenants and agreements herein contained, or to the revenues herein pledged, other
covenants and agreements thereafter to be observed and additional revenues thereafter appropriated to the fund, for the purpose of surrendering any right or power herein reserved
to or conferred upon the city or for the purpose of authorizing the issuance of additional bonds
in the manner and subject to the terms and conditions prescribed in Article V of this chapter.
Any such amendment may be adopted by supplemental ordinance, without the consent of the
holders of any of the bonds issued hereunder.
(Code ????, § 13.08.380; Ord. No. 1115 § 7.01, 1982)
13.08.390 Amendments with bondholder consent.
With the consent of holders of bonds issued hereunder as provided in Section 13.08.400, the
city may from time to time and at any time amend the ordinance codified in this chapter by
adding any provisions hereto or changing in any manner or eliminating any of the provisions
hereof, or of any supplemental ordinance, except that no amendment shall be adopted at any
time without the consent of the holders of all bonds issued hereunder which are then
outstanding, if it would extend the maturities of any such bonds, would reduce the rate or extend the time of payment of interest thereon, would reduce the amount or extend the time
of payment of the principal or redemption premium thereof, would give to any bond or bonds
any privileges over any other bond or bonds, would reduce the sources of revenues
appropriated to the fund, would authorize the creation of a pledge of said revenues prior to or
on a parity with the bonds (except as is authorized by Article V hereof), or would reduce the percentage in principal amount of such bonds required to authorize or consent to any such
amendment.
(Code ????, § 13.08.390; Ord. No. 1115 § 7.02, 1982)
13.08.400 Notice and consent.
Any amendment adopted pursuant to Section 13.08.390 shall be made by ordinance, notice of
which shall be published in a financial newspaper of national circulation published in New York, New York, and shall become effective only upon the filing of written consents with the clerk,
signed by the holders of not less than two-thirds in principal amount of the bonds issued hereunder which are then outstanding or, in the case of an amendment not affecting all
outstanding bonds, by the holders of not less than two-thirds in principal amount of the bonds
adversely affected by such amendment. Any written consent to an amendment may be
embodied in and evidenced by one or any number of concurrent written instruments of
substantially similar tenor signed by bondholders in person or by agent duly appointed in
writing, and shall become effective when delivered to the clerk. Any consent by the holder of
the same bond with respect to any amendment adopted by the city to such consent, provided
Page 428 of 924
that any bondholder may revoke his consent with reference to any bond by written notice
received by the clerk before the amendment has become effective. In the event that
unrevoked consents of the holders of the required amount of bonds have not been received by
the clerk within one year after the publication of any amendment, the amendment and all
consents theretofore received shall be of no further force and effect.
(Code ????, § 13.08.400; Ord. No. 1115 § 7.03, 1982)
13.08.410 Proof.
Proof of the execution of any consent, or of a writing appointing any agent to execute the
same, or of the ownership by any person of bonds, shall be sufficient for any purpose of this
chapter and shall be conclusive in favor of the city if made in the manner provided in this section. The fact and date of the execution by any person of any such consent or appointment
may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgments of deeds, certifying
that the person signing it acknowledged to him the execution thereof. The amount of bonds
held by any person by or for whom a consent is given, and the distinguishing numbers of such
bonds, and the date of his holding the same, may be provided by a certificate executed by any
trust company, bank or other depository, wherever situated, if such certificate is deemed satisfactory by the clerk, showing that at the date therein mentioned such person had on
deposit with such depository, or exhibited to it, the bonds therein described; or such facts may be proved by the certificate or affidavit of the person executing such consent, if such
certificate or affidavit is deemed satisfactory by the clerk. The city may conclusively assume
that such ownership continues until written notice to the contrary is received by the clerk. The
fact and date of execution of any such consent and the amount and distinguishing numbers of
bonds held by the person executing the same may also be proved in any other manner which
the city council may deem sufficient; but the council may nevertheless, in its discretion,
require further proof in cases where it deems further proof desirable.
(Code ????, § 13.08.410; Ord. No. 1115 § 7.04, 1982)
Article VIII. Defeasance
13.08.420 General.
When the liability of the city on any bond issued under and secured by this chapter and all
coupons appurtenant thereto has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holder of such bond shall cease.
(Code ????, § 13.08.420; Ord. No. 1115 § 8.01, 1982)
13.08.430 Payment.
The city may discharge its liability with reference to any bonds and coupons which are due on any date by depositing with the paying agent or agents for such bonds on or before that date
a sum sufficient for the payment thereof in full; or if any bond or coupon shall not be paid when due, the city may nevertheless discharge its liability with reference thereto by depositing
with the paying agent or agents a sum sufficient for the payment thereof in full with interest
accrued to the date of such deposit.
(Code ????, § 13.08.430; Ord. No. 1115 § 8.02, 1982)
13.08.440 Prepayable bonds.
Page 429 of 924
The city may also discharge its liability with reference to any prepayable bonds which are
called for redemption on any date in accordance with their terms, by depositing with the
paying agent or agents on or before that date an amount equal to the principal, interest and
redemption premium, if any, which are then due thereon; provided, that notice of such
redemption has been duly given.
(Code ????, § 13.08.440; Ord. No. 1115 § 8.03, 1982)
13.08.450 Escrow.
The city may also at any time discharge its liability in its entirety with reference to any bond or
bonds, subject to the provisions of law now or hereafter authorizing and regulating such
action, by calling all prepayable bonds of such issue for redemption on the next date when they may be prepaid in accordance with their terms, by giving the notice required for such
redemption, and by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or government obligations which are authorized by law to
be so deposited, bearing interest payable at such times and at such rates and maturing on
such dates as shall be required to provide funds sufficient to pay all principal, interest and
redemption premiums to become due on all bonds of the issue on or before the redemption
date.
(Code ????, § 13.08.450; Ord. No. 1115 § 8.04, 1982)
Article IX. Arbitrage and Certifications of Proceedings
13.08.460 Arbitrage certificate.
The mayor, clerk of commission and director of finance, being the officers of the city charged
with the responsibility for issuing the bonds pursuant to this resolution, are authorized and
directed to execute and deliver to the purchaser a certification in order to satisfy the
provisions of Sections 1.103-13, 1.103-14 and 1.103-15 of the Treasury Regulations. Such certification shall state that on the basis of the facts, estimates and circumstances in existence
on the date of issue and delivery of the bonds as therein set forth, it is not expected that the
proceeds of the bonds will be used in such a manner that would cause the bonds to be
arbitrage bonds, and the certification shall further state that to the best of the knowledge and
belief of the certifying officers there are no other facts, estimates or circumstances that would materially change such expectation. The city further covenants and agrees to take all action
necessary to assure that the bonds shall not be deemed to be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended.
(Code ????, § 13.08.460; Ord. No. 1115 § 9.01, 1982)
13.08.470 Transcript.
The officers of the city and of Gallatin County are authorized and directed to prepare and furnish to the purchasers of the bonds and to the attorneys approving the legality of the
issuance thereof, certified copies of all proceedings and records of the city relating to the bonds and to the organization and financial condition and affairs of the city, and such affidavits
and other information as may be required to show the facts relating to the legality and
marketability of the bonds as the same appear from the books and records under their custody
and control as otherwise known to them; and all such certified copies, certificates, and
affidavits, including any heretofore furnished, shall constitute representations of the city as to
the truth of the facts purported to be shown thereby.
(Code ????, § 13.08.470; Ord. No. 1115 § 9.02, 1982)
Page 430 of 924
Chapter 13.12
WATER SERVICE UTILITY OPERATIONS
Sections:
Article 1. General Provisions
13.12.010 Provisions adopted--Regulations a part of service contracts.
13.12.020 Definitions. 13.12.030 Purpose of provisions.
13.12.040 Scope of provisions--Revision conditions. 13.12.050 Information available to public.
13.12.060 Waiver of regulations--Conditions.
Article 2. Service Provided
13.12.070 Service provided by utility--Basis.
13.12.080 Water service for customer's use only--Violations. 13.12.090 Customer to furnish easement, right-of-way and permits.
13.12.100 Access to premises.
13.12.110 Unauthorized tapping into system prohibited.
13.12.120 Furnishing water to others prohibited--Exception.
13.12.130 Procedure for activating water lines.
Article III. Application for Service
13.12.140 Application--Service agreement forms 13.12.150 Establishment of credit--Required when.
13.12.160 Establishment of credit--Residential service.
13.12.170 Establishment of credit--Nonresidential service.
13.12.180 Deposit--Required when.
13.12.190 Requiring deposit for certain reasons prohibited. 13.12.200 Deposit--Uniform application of standards.
13.12.210 Deposit--Amount. 13.12.220 Deposit--Interest to be paid to customer.
13.12.230 Deposit--Recordkeeping requirements.
13.12.240 Deposit--Refund conditions.
13.12.250 Guarantee in lieu of deposit permitted when.
13.12.260 Guarantee terms and conditions. 13.12.270 Guarantor release conditions.
Article IV. Service Conditions
13.12.280 General conditions for supplying service.
13.12.290 Application--Existing service--Requirements.
13.12.300 Service supplied to existing points of delivery only.
13.12.310 Line extension costs borne by customer.
13.12.320 Installation conditions--Property owner's responsibilities--Permit required.
13.12.322 Protective devices.
13.12.323 Fire lines.
Page 431 of 924
13.12.324 Service lines--Inspection, connection and penalty for failure to comply.
13.12.330 Maintenance--When utility responsibility.
13.12.340 Maintenance--Property owner responsibility.
13.12.350 Meter--Required for new service--Installation cost deposit required.
13.12.360 Meter--Remote reading attachment required when--Costs.
13.12.370 Meter--Required for expanded service when. 13.12.375 Maintenance of meters--Utility responsibility.
13.12.380 Irrigation or other outdoor use--Restrictions--Prohibited in emergencies.
13.12.390 Irrigation or other outdoor use--Hours to be posted.
13.12.400 Flat-rate service--Billing procedures--Penalties for delinquent payment.
13.12.410 Metered service--Billing--Penalties for delinquent payment. 13.12.420 Billing method for multiple delivery points or separate meters for single
customer. 13.12.430 Termination of service by customer.
13.12.440 Maintenance--Customer responsibility--Wasting water prohibited.
13.12.450 Adjustment of accounts following repairs.
13.12.460 Continuity of service--Liability limitations.
13.12.470 Suspension of service for repairs and changes.
13.12.480 Interruption of service--Liability limitations.
13.12.490 Maintenance--Authorized utility personnel required. 13.12.500 Violation of irrigation or sprinkling rules--Penalty.
13.12.510 Violation of chapter provisions--Disconnection of service required when.
Article I. General Provisions
13.12.010 Provisions adopted--Regulations a part of service contracts.
A. The rules and regulations set out in this chapter are made for the government of the
waterwork system of the city of Bozeman.
B. These rules and regulations of the city pertaining to its waterwork system, and
approved by the Public Service Commission of the state, are made a part of the contract with
every individual, firm or corporation who takes water, and every such individual, firm or
corporation agrees, in making application for water, to be bound thereby. The following rules and regulations set out in this chapter are adopted by the city.
(Prior code, § 10.04.030; Code ????, § 13.12.010; Ord. No. 1077 § 1, 1981)
13.12.020 Definitions.
As used in this chapter:
204A. "Commission" means the Department of Public Service Regulation of the state of
Montana Public Service Commission.
B. "Customer" means any individual, partnership, association, firm, public or private
corporation, or governmental agency, or any other entity receiving water service from the
utility.
C. "Meter" or "meters" mean the complete installation, including auxiliary devices and
204 This could be confused with “city commission.” I suggest using the whole title for both.
Page 432 of 924
equipment, if any, used to measure the water supplied to a customer.
D. "Point of delivery" means the point at which the utility's facilities connect physically to
customer's facilities, the location of which shall be designated by or satisfactory to utility,
unless otherwise defined in the service agreement.
E. "Residential dwelling unit" means any room or combination of rooms, including trailers
and mobile homes, with facilities for cooking, designed for occupancy by one family.
F. "Room." On flat-rate service, where the charge is based on the number of rooms, any
finished room with an area of eighty square feet will be considered a "room." Bathrooms shall have no minimum area requirements.
G. "Service agreement" means the agreement or contract between utility and customer
pursuant to which service is supplied and taken.
H. "Utility" means the city of Bozeman, Montana, and its water service division, engaged in
the business of providing water and supplying water service to its customers on its system in
the state of Montana.
I. "Water service" or "service" means the supplying of or availability at the point of
delivery of water, and also the water delivered or used.
(Prior code, § 10.04.030 (Rule 1, §§ 1-1--1-9); Code ????, § 13.12.020; Ord. No. 1077 § 1,
1981)
13.12.030 Purpose of provisions.
These service regulations are intended to define good practice which can normally be expected, but are not intended to exclude other accepted standards and practices not covered
herein. They are intended to ensure adequate service to the public and protect the utility from
unreasonable demands.
(Prior code, § 10.04.030 (Rule 2, § 2-2); Code ????, § 13.12.030; Ord. No. 1077 § 1, 1981)
13.12.040 Scope of provisions--Revision conditions.
These service regulations govern the supplying by the utility, and taking by its customers, of water service from the utility's water system. These regulations are subject to revision, upon
approval by the commission, and supercede all regulations, by whatever term designated,
which may heretofore govern the supplying and taking of water service.
(Prior code, § 10.04.030 (Rule 2, § 2-1); Code ????, § 13.12.040; Ord. No. 1077 § 1, 1981)
13.12.050 Information available to public.
There shall be made available to the public at the office of the commission and at the principal offices of the utility copies of these service regulations and the rate schedules, forms of
agreement for water service, and service standards of the utility.
(Prior code, § 10.04.030 (Rule 2, § 2-3); Code ????, § 13.12.050; Ord. No. 1077 § 1, 1981)
13.12.060 Waiver of regulations--Conditions.
In any case where compliance with any of these rules introduces unusual difficulty, such rule
Page 433 of 924
may be temporarily waived by the commission upon application of the utility or the customer.
If in any case compliance with a rule would cost more than the results of such compliance are
worth, such rule may be permanently set aside by the commission.
(Prior code, § 10.04.030 (Rule 2, § 2-4); Code ????, § 13.12.060; Ord. No. 1077 § 1, 1981)
Article II. Service Provided
13.12.070 Service provided by utility--Basis.
The utility agrees to furnish water and water services for certain specified purposes as
contained in the service agreement, for a certain specified sum, based either on a metered or
nonmetered rate, as hereinafter provided.
(Prior code, § 10.04.030 (Rule 3, § 3-1); Code ????, § 13.12.070; Ord. No. 1077 § 1, 1981)
13.12.080 Water service for customer's use only--Violations.
If a customer furnishes other individuals or entities with water services without permission
from the utility, or utilities the water or water service for other purposes than for which it was
intended, that customer is in violation of his service agreement. Customers in violation of their
service agreements may have their water service discontinued unti such time as the charge for such additional service has been paid, together with the actual additional expense incurred by
the utility in discontinuing or reconnecting water service.
(Prior code, § 10.04.030 (Rule 3, § 3-2); Code ????, § 13.12.080; Ord. No. 1077 § 1, 1981)
13.12.090 Customer to furnish easement, right-of-way and permits.
A customer, or prospective customer, must furnish all easements, cleared rights-of-way, and
permits necessary to enable the utility to supply the service required.
(Prior code, § 10.04.030 (Rule 3, § 3-5); Code ????, § 13.12.090; Ord. No. 1077 § 1, 1981)
13.12.100 Access to premises.
The utility's employees or representatives, or other authorized persons, shall have access at
reasonable hours to enter any premises where water is used, for the purpose of making
inspection, or investigation.
(Prior code, § 10.04.030 (Rule 3, § 3-6); Code ????, § 13.12.100; Ord. No. 1077 § 1, 1981)
13.12.110 Unauthorized tapping into system prohibited.
With the exception of special installation approved by the utility, no person or other entity,
other than agents, representatives or employees of the utility, shall tap into the utility's
transmission or distribution system or service lines attached thereto.
(Prior code, § 10.04.030 (Rule 3, § 3-4); Code ????, § 13.12.110; Ord. No. 1077 § 1, 1981)
13.12.120 Furnishing water to others prohibited--Exception.
In no instance may the customer extend his water facilities across or under a street, alley,
lane, court or avenue, or other public or private space, existing under different ownership, in
order to obtain a rate advantage by taking water service for two or more premises through
one source or meter.
Page 434 of 924
(Prior code, § 10.04.030 (Rule 3, § 3-3); Code ????, § 13.12.120; Ord. No. 1077 § 1, 1981)
13.12.130 Procedure for activating water lines.
No person or entity shall activate a line connected to the utility's system, or allow any other person to do so, except upon specific, written permission of the utility. Activation of any line,
for testing purposes, or otherwise, shall obligate the individual performing the test to turn off the water service at the curb stop.
(Prior code, § 10.04.030 (Rule 3, § 3-7); Code ????, § 13.12.130; Ord. No. 1077 § 1, 1981)
Article 3. Application for Service
13.12.140 Application--Service agreement forms.
A utility may require a customer or prospective customer to sign one of the utility's standard
application or service agreement forms. The application or agreement shall be binding only
after acceptance by a duly authorized representative of the utility. In case of acceptance of
service by a customer prior to the signing of such agreement, customer shall pay for the
service so furnished in accordance with the applicable rate schedule or schedules in force and
shall abide by these service regulations.
(Prior code, § 10.04.030 (Rule 4, § 4-1); Code ????, § 13.12.140; Ord. No. 1077 § 1, 1981)
13.12.150 Establishment of credit--Required when.
The utility may at any time require from any customer, or prospective customer, that it
establish credit as hereinafter set forth; or that the customer or prospective customer deposit
a certain amount of funds to guarantee payment of utility bills. Regulations regarding the
establishment of credit and the filing of deposit to guarantee payment are as hereinafter set forth.
(Prior code, § 10.04.030 (Rule 5, § 5-1); Code ????, § 13.12.150; Ord. No. 1077 § 1, 1981)
13.12.160 Establishment of credit--Residential service.
An applicant for residential utility service may establish credit by demonstrating to the utility
any one of the following factors:
A. Prior service with utility in question within the previous twelve months during which for
at least six consecutive months service was rendered and was not disconnected for failure to
pay the utility bill and no more than one delinquency notice was served upon applicant;
B. Prior service with a utility of the same type as that of which service is sought with a
satisfactory payment record as demonstrated in subsection A above, provided that the
reference may be quickly and easily checked by the utility and the necessary information is provided;
C. Full-time consecutive employment during the entire twelve months next previous to the
application for service, with no more than two employers, and the applicant is currently
employed or has a regular source of income;
D. Ownership of significant legal interest in the premises to be served;
Page 435 of 924
E. Furnishing of satisfactory guarantor to secure payment of bills for services requested in
a specified amount, not to exceed an estimated one-year bill, such estimation to be made at
the time that service is established.
(Prior code, § 10.04.030 (Rule 5, § 5-2); Code ????, § 13.12.160; Ord. No. 1077 § 1, 1981)
13.12.170 Establishment of credit--Nonresidential service.
An applicant for nonresidential service may be required to demonstrate that it is a satisfactory
credit risk by reasonable means appropriate under the circumstances.
(Prior code, § 10.04.030 (Rule 5, § 5-3); Code ????, § 13.12.170; Ord. No. 1077 § 1, 1981)
13.12.180 Deposit--Required when.
A deposit may be required under the following circumstances:
A. Where the applicant has failed to establish a satisfactory credit history as outlined in
Sections 13.12.160 and 13.12.170;
B. In any event, a deposit may be required when:
1. Within the twelve months prior to the application, applicant's service of a similar type
has been disconnected for failure to pay amounts owing, when due; or
2. Where there is an unpaid, overdue balance owing for similar service provided the
customer; or
3. Where two or more delinquency notices have been served upon the applicant by any
other utility company during the twelve months previous to the application for service;
C. Initiation or continuation of service to a residence where prior customer still resides and
where any balance for such service to that prior customer is past due or owing;
D. Where the customer is a tenant or lessee of rented property where the landlord or
lessor has not assumed, in writing, obligation to pay the utility bill on behalf of the tenant or lessee or a satisfactory guarantor has not been furnished as provided in subsection C of
Section 13.12.160;
E. Where the customer has, in an unauthorized manner, interferred with the service of the
utility situated or delivered on or about the customer's premises within the last five years, if
the finding of unauthorized interference or use is made and determined after notice and
opportunity for hearing is provided to the customer and is not in dispute.
(Prior code, § 10.04.030 (Rule 5, § 5-4); Code ????, § 13.12.180; Ord. No. 1077 § 1, 1981)
13.12.190 Requiring deposit for certain reasons prohibited.
A utility shall not require a cash deposit or other guarantee as a condition of new or continued
residential utility service based upon commercial credit standards (except as provided in these
rules), income, home ownership, residential location, race, color, creed, sex, age, national
origin, or any other criteria not authorized by these rules. This rule does not prohibit a utility
from ensuring that agreements with customers who may be incompetent, such as minors, are
made in such a manner and with such persons, as to be legally binding.
Page 436 of 924
(Prior code, § 10.04.030 (Rule 5, § 5-5); Code ????, § 13.12.190; Ord. No. 1077 § 1, 1981)
13.12.200 Deposit--Uniform application of standards.
A utility shall apply deposit standards uniformly as condition of utility service to all residential customers.
(Prior code, § 10.04.030 (Rule 5, § 5-10); Code ????, § 13.12.200; Ord. No. 1077 § 1, 1981)
13.12.210 Deposit--Amount.
In instances where a deposit may be required by the utility, the deposit shall not exceed one-
sixth of estimated annual billings.
(Prior code, § 10.04.030 (Rule 5, § 5-6); Code ????, § 13.12.210; Ord. No. 1077 § 1, 1981)
13.12.220 Deposit--Interest to be paid to customer.
Simple interest at the rate of six percent per year on the amount of the deposit shall be paid
to the customer upon refund of such deposit, or shall be paid annually to the customer upon
demand, provided the deposit has remained intact with the utility for a period of at least six months in order to earn such interest. Interest shall cease on the date of termination of
service or refund of deposit.
(Prior code, § 10.04.030 (Rule 5, § 5-7); Code ????, § 13.12.220; Ord. No. 1077 § 1, 1981)
13.12.230 Deposit--Recordkeeping requirements.
A. A utility shall maintain a record of all deposits received from customers, showing the
name of each depositor, the date and amount of the deposit made, the location of the
premises occupied by the depositor at the time of making the deposit, and each successive
location while the deposit is retained.
B. Each customer posting a cash deposit shall receive in writing at the time of tender of
the deposit a receipt as evidence thereof, which contains the following minimum information:
1. Name of customer;
2. Address of customer;
3. Place of payment;
4. Date of payment;
5. Amount of payment;
6. Identification of the employee receiving the payment; and
7. Statement of the terms and conditions governing the receipt, retention and return of
deposit funds.
C. A utility shall provide means whereby a customer entitled to a return of his deposit is
not deprived of deposit funds even though he may be unable to produce the original receipt for the deposit. In such event, utility records shall be controlling.
Page 437 of 924
(Prior code, § 10.04.030 (Rule 5, § 5-9); Code ????, § 13.12.230; Ord. No. 1077 § 1, 1981)
13.12.240 Deposit--Refund conditions.
A. Utility may refund any customer's deposit, or a part thereof, by check or by credit to customer's account at any time, and any unpaid interest due on the refund shall be paid to
date of refund on such portion of the deposit as has been held intact by utility for six months or more.
B. Deposit plus accrued interest shall be refunded under the following circumstances and
in the following form:
1. Satisfactory Payment. Where the customer requests the refund, and has for eighteen
consecutive months paid for service when due in a prompt and satisfactory manner as evidenced by the following:
a. The utility has not initiated disconnection proceedings against the customer;
b. No more than two notices of delinquency have been made to the customer by the utility.
2. Termination of Service. If the deposit is not returned as above provided, upon
termination of service the utility shall return to the customer the amount then on deposit plus
accrued interest less any amounts due the utility by the customer for service rendered.
(Prior code, § 10.04.030 (Rule 5, § 5-8; Code ????, § 13.12.240; Ord. No. 1077 § 1, 1981))
13.12.250 Guarantee in lieu of deposit permitted when.
In lieu of a cash deposit required by these rules, a utility shall accept written guarantee of a responsible party as surety for a customer service account; for the purpose of this rule, a
"responsible party" means:
A. Any individual or business entity which has maintained service with the utility in
question for the previous twenty-four months, and who has not had service disconnected for failure to pay and has received no more than two delinquency notices;
B. Any special fund identified in writing as a guarantee and approved by the utility.
(Prior code, § 10.04.030 (Rule 5, § 5-11); Code ????, § 13.12.250; Ord. No. 1077 § 1, 1981)
13.12.260 Guarantee terms and conditions.
A guarantee accepted in accordance with these rules is subject to the following terms and conditions:
A. It shall be in writing, and if necessary shall be renewed in a similar manner annually;
B. It shall state the terms of guarantee, the maximum amount guaranteed (such
maximum not to exceed an estimated one-year bill, such estimation to be made at the time
the service is established), and that the utility shall not hold the guarantor liable for sums in
excess thereof unless agreed to in a separate written instrument.
(Prior code, § 10.04.030 (Rule 5, § 5-12); Code ????, § 13.12.260; Ord. No. 1077 § 1, 1981)
Page 438 of 924
13.12.270 Guarantor release conditions.
A. The guarantor shall be released upon the satisfactory payment by the customer of all
proper charges for utility service for a period of twelve successive months. For purposes of this
section, payment is satisfactory if:
1. The utility has not initiated disconnection proceedings against the customer;
2. No more than two notices of delinquency have been made to the customer by the
utility.
B. The utility may withhold the release of the guarantor pending the resolution of a disputed discontinuance.
(Prior code, § 10.04.030 (Rule 5, § 5-13); Code ????, § 13.12.270; Ord. No. 1077 § 1, 1981)
Article IV. Service Conditions
13.12.280 General conditions for supplying service.
Service will be supplied only under and pursuant to these service regulations, and any modification or additions thereto lawfully made, and under such applicable rates, schedules
and contracts as may from time to time be lawfully established.
(Prior code, § 10.04.030 (Rule 6, § 6-1); Code ????, § 13.12.280; Ord. No. 1077 § 1, 1981)
13.12.290 Application--Existing service--Requirements.
Application for the use of water from an existing service must be made at the city finance
office on a printed form provided for that purpose. Service will be furnished to any customer who fully and truly sets forth all the purposes for which water may be required and who
agrees to and conforms with all the rules and regulations governing the service; provided the
purposes set forth comply with all the utility's rules and regulations as on record and approved
by the commission, and, that the existing utility water system, and water supply, is adequate
to meet the use for which the application is made.
(Prior code, § 10.04.030 (Rule 6, § 6-5); Code ????, § 13.12.290; Ord. No. 1077 § 1, 1981:)
13.12.300 Service supplied to existing points of delivery only.
Service will be supplied under the applicable rates, schedules and contracts only at points of
delivery as are presently existing on the utility's system.
(Prior code, § 10.04.030 (Rule 6, § 6-2); Code ????, § 13.12.300; Ord. No. 1077 § 1, 1981)
13.12.310 Line extension costs borne by customer.
Line extension costs will be borne by the customer requesting that service.
(Prior code, § 10.04.030 (Rule 6, § 6-3); Code ????, § 13.12.310; Ord. No. 1077 § 1, 1981)
13.12.320 Installation conditions--Property owner's responsibilities--Permit
required.
A. Except under special conditions approved by the utility, the property owner, at the
Page 439 of 924
property owner's expense, will be responsible for installing all water service lines, fire lines,
back flow valves and all other necessary appurtenances or attachments from the curb box to
the meter inside the served structure. All water services to any premises shall be installed by
a plumber licensed and bonded in accordance with Montana state law and the Bozeman
Municipal Code. Service lines must be so installed that the supply of water for each separate
building, house or customer shall be controlled by a separate curb stop placed within or near the property line. The curb stop and box must be kept in a readily accessible condition by the
owner of the premises.
B. An application for installation of water service to any premises must be signed by the
property owner or the property owner's designated agent and must be made on a regular form furnished by the utility for that purpose. Prior to approval of such application, the utility will
require the property owner to obtain a plumbing permit, and may require the property owner to establish credit or to furnish a deposit as provided in Sections 13.12.150 through
13.12.270.
C. Upon completion of the application, receipt of the plumbing permit and payment of all
charges related to the connection of water services, and full inspection by the utility, the utility
will, it is discretion and at the property owner's expense, install the service, from the main to
the curb box.
(Prior code, § 10.04.030 (Rule 6, § 6-6); Code ????, § 13.12.321; Ord. No. 1497 § 1, 1999:
Ord. No. 1077 § 1, 1981)
13.12.322 Protective devices.
When it is deemed by the water/sewer superintendent that such protective devices are
necessary to protect another customer's facilities and/or the municipal water supply system,
the water/sewer superintendent may require a property owner to install, as a condition of
continued water service and at the property owner's expense, an approved expansion tank, pressure reducing valve, backflow prevention device, pressure relief valve, or any other similar
type of device on property owner's water service line at a location designated by the city's
water/sewer superintendent. Property owners will be responsible for keeping these devices in
good repair and effective operating condition at all times. Failure to keep these devices in good
working condition may be cause to discontinue water service to the property involved.
(Code ????, § 13.12.322; Ord 1497 § 2, 1999)
13.12.323 Fire lines.
Fire lines will be applied for and installed, at the property owner's expense, in compliance with
the utility's standards of design and construction for fire lines. Except when specifically
excepted, a fire line will not be interconnected with domestic service pipes downstream of the
curb valve, and each fire line will have its own independent curb valve, which will be located at or near the water main in the street at a point designated by the utility.
(Code ????, § 13.12.323; Ord. No. 1497 § 3, 1999)
13.12.324 Service lines--Inspection, connection and penalty for failure to comply.
A. The owner of any house, building or other property used for human occupancy,
employment, or recreation, which is situated within the corporate city limits and abuts on any
street, alley or right-of-way in which there is located a public water main of the city which the city determines is of sufficient capacity within one hundred feet of the property line will, at the
Page 440 of 924
city's request and at the owner's expense, connect to the city water service for domestic
purposes. The utility will be responsible for the connection from the water main to the curb
box. The connection of the service lines between the main and the curb box will not be made
by any other person, business or entity other then the utility unless given express permission
by the utility.
B. Prior to backfill, the applicant will notify the utility when the service line is ready for
inspection and connection to the curb box. The connection and testing will be made under the
supervision of the city water/sewer department. The utility may elect not to connect the
property owner to the utility's water service unless the inspection has been completed and the
service line fully complies with all applicable federal, state, and city of Bozeman regulations.
C. Should the owner of any property described above fail to connect to the city of Bozeman's water service or in any way fail to comply with the provisions of this chapter, the
water/sewer superintendent will provide the owner with notice of the requirement to do so.
The notice will be sent to the owner by certified mail and give the owner ninety days to install
the proper service lines. Should the owner fail to connect even after receiving proper notice,
the utility may, at its discretion and at the owner's cost, lay the proper service lines from the
main to the meter. The utility may charge the owner an additional five percent of the cost of
installing the service for failure to connect within a timely manner.
(Code ????, § 13.12.324; Ord. No. 1497 § 4, 1999)
13.12.330 Maintenance--When utility responsibility.
Subject to Section 13.12.340 below, the utility, at its own expense, will maintain the service
lines or fire lines up to a distance of sixty feet, as measured from the curb box, or to and
including the meter, whichever is less, to any property owner receiving service prior to July 1,
1999.
(Prior code, § 10.04.030 (Rule 6, § 6-15); Code ????, § 13.12.330; Ord 1497 § 5, 1999; Ord.
No. 1077 § 1, 1981)
13.12.340 Maintenance--Property owner responsibility.
A. Beginning July 1, 1999, water service lines and fire lines from the curb box to the
premises are owned by the owner of the property served. As owners of the service lines, all new property owners will have the responsibility of keeping the service lines, backflow valves,
and all other necessary appurtenances from the curb box to the meter in good condition. Should the lines not be properly maintained, the utility may, at its discretion and at the
owner's expense, fix or correct any deficiencies that occur which may affect the utility's ability
to provide service to its customers. The utility, at its own expense, will maintain the service
lines, fire lines or combinations thereof from the utility's main line to the property owner's
curb box.
B. Any property owner currently receiving water from the utility seeking to utilize the water provided for purposes not stated in their original agreement with the utility, including
but not limited to extending those lines, or those requiring any type of repair to the water
lines within their boundaries will be required to complete a new application in which they
agree to maintain the service line from the curb box to their property.
(Prior code, § 10.04.030 (Rule 6, § 6-12); Code ????, § 13.12.320; Ord 1497 § 6, 1999: Ord.
No. 1077 § 1, 1981)
Page 441 of 924
13.12.350 Meter--Required for new service--Installation cost deposit required.
All new installations shall be metered. Prior to installation, the customer is required to deposit
with the utility an amount equal to the installation charges, as determined by the utility.
Following installation, the actual costs incurred thereby will be credited against the amount of
the deposit. If the installation charges are less than the deposit, the difference between the actual costs incurred and the deposit shall be refunded to the customer. If the installation
costs are greater than the deposit, the difference shall be billed to the customer.
(Prior code, § 10.04.030 (Rule 6, § 6-7); Code ????, § 13.12.350; Ord. No. 1077 § 1, 1981)
13.12.360 Meter--Remote reading attachment required when--Costs.
All new metered water service or replacement of service or meter shall include the installation
of a meter with remote reading attachment. The meter shall be located at some convenient and accessible point inside the premises and so located that it cannot freeze. The cost of the
remote reading attachment shall be borne by the customer, who, except in the case of a new
metered water service, upon request will be given ninety days to pay for the remote reading
attachment.
(Prior code, § 10.04.030 (Rule 6, § 6-8); Code ????, § 13.12.360; Ord. No. 1269, 1988: Ord.
No. 1077 § 1, 1981)
13.12.370 Meter--Required for expanded service when.
Any customer presently on a flat-rate schedule who installs additional fixtures or seeks to
utilize the water provided for purposes not stated in their original agreement, such as
expending or remodeling their residence, shall be required to convert to a metered water
service.
(Prior code, § 10.04.030 (Rule 6, § 6-18); Code ????, § 13.12.370; Ord. No. 1077 § 1, 1981)
13.12.375 Maintenance of meters--Utility responsibility.
The utility shall install and maintain all meters to include routine maintenance and
replacement of meters on an established schedule. When it is determined maintenance is
required, the utility will notify the customer in writing and schedule the required service. No
person, business or entity other than the utility will tamper with the meter for any reason.
Should the customer feel maintenance is required or for any other reason feels the meter should be inspected, the customer must contact the city's water/sewer superintendent to
schedule service.
(Code ????, § 13.12.375; Ord. No. 1497 § 7, 1999)
20513.12.380 Irrigation or other outdoor use--Restrictions--Prohibited in
emergencies.
A. The water superintendent of the utility is hereby authorized, directed and empowered,
whenever in his opinion the necessities of the situation require such action, to restrict and/or
wholly prohibit the use of the utility's water to supply for garden, lawn or other outdoor
irrigation or use. Such restriction and/or prohibition shall become effective twenty-four hours
205 Were the irrigation regulations in this chapter intended to be superseded by Code ch. 13.21?