HomeMy WebLinkAbout2009 Codification comments attachment combined for 8-22-11 9 City of Bozeman
V City Attorneys Office Greg Sullivan, City Attornev
7-rm Cooper,Staff Attorney
Susan L. Wonial,Staff Attorney
��►co. Jessica Betley,Staff Allornev
July 9,2010
VIA Email ONLY
Bill Carroll
Senior Code Attorney
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
RE: City of Bozeman Responses to 2009 Codification Draft
Dear Bill:
Attached you will find comments from the city of Bozeman regarding Municipal Code
Corporations 2009 draft codification of the city of Bozeman's ordinances. Thank you for your
patience.
The comments are organized into several sections by an attachment. Attachment A discusses
general topics regarding the code such as gender neutralization, etc, and includes a discussion on
reorganization of the code based on your suggested table of contents from last year. Attachment
B contains comments by title, chapter, and section as the code currently exists and contains
comments on your footnotes. This attachment contains the bulk of the city's comments.
Attachment C does the same but is focused specifically on Title 18, the city's Unified
Development Ordinance. I hope this format is straightforward enough for you to incorporate the
comments efficiently into a final draft for our review.
We spent several months and numerous meetings discussing the scope of amendments to the
code. Included in the attachments are comments that are necessary to reflect current
administrative practices, correct inaccuracies and confusing code provisions, and reflect changes
in controlling laws such as controlling case law, the City Charter and state statutes. There are
also many provisions in the code in need of updating that we felt were beyond the scope of this
process. As such, the city has decided to undertake a two-part process. "Phase I" includes this
current process of incorporating adopted ordinances, removing obvious inconsistencies with
other controlling law, and making other adjustments. "Phase II," to be started once the code is
published by MCC and the service agreement is in place, will consist of a systematic review of
Street Address: 121 North Rouse Phone: (406)582-2309
Mailing Address:P.O.Box 1230 Fax:(406)582-2302
Bozeman, Montana 59771-1230 TDD: (406)582-2301
each title of the new code and an ordinance-by-ordinance deletion or amendment of numerous
substantive provisions. Please consider this as you review the city's comments.
I will contact you after the 4`b of July to schedule a phone conference. Please remember that if
you need any assistance as you review our comments and add our most recently adopted
ordinances into a final draft please don't hesitate to call or email me at gsullivan@bozeman.net.
Sincerely,
Greg Sullivan
City Attorney
c: Chris Kukulski,City Manager
Stacy Ulmen,City Clerk
Public to internal website
Attachment A:
General Comments and Discussion on Proposed Table of Contents
The following comments are general to the entire codification process. The comments are
included as bulleted points.
General Comments:
• If an edit is shown in the 2009 draft and has no comment please accept the edit as
proposed. Likewise, if a footnote has not been commented on the city accepts the
direction included in the footnote so please proceed as indicated.
• Please review and amend the entire code so it becomes 100% gender neutral with
adoption of the codification ordinance.
• If possible, please indicate in a separate document all changes to the code that are being
made through the adopting ordinance so the city commission, staff, and most importantly,
the public are able to clearly understand which code provisions are being repealed or
amended in the codification process.
• Please include all ordinances effective prior to July 1, 2010 in the draft.
• Any reference in the code to the requirement for an officer or elected person to supply the
city a"bond" or"official bond", etc. should be deleted.
• All references in the code to the "director of public safety—police" should be changed to
"Chief of Police." Same with all references to the "director of public safety — fire" —
please change all references to "Fire Chief."
Alcohol Permitting:
• Currently, there are several places in the code that deal with alcohol including licensing,
public use,retail sales, etc... These include Chpts. 5.12 (beer); 5.52 (liquor—retail sales);
and 9.70 (alcohol policy). As proposed, please combine them in one section on "Alcohol
—Licensing and Restrictions."
Proposed Table of Contents:
• Please provide the final draft in an alphabetical format as proposed subject to other
comments provided herein.
• The format you provide creates chapters, articles, divisions, and sections. This format is
acceptable as it creates a distinction between the structure of the Montana Code
Annotated and the Bozeman Municipal Code.
• Rather than use dashes to separate the chapter, article, division, and section numbers
please consider using periods. This is the same format as currently used in the Bozeman
Municipal Code and will further help distinguish references in city documents to the
BMC as opposed to MCA.
Attachment A: General Comments and Discussion on Proposed Table of Contents
Page 1 of 2
• Numerous proposals in Attachments B and C will require significant adjustment to the
proposed table of contents.
• Many chapters are proposed for repeal. Please consider this when drafting the final
proposed table of contents.
• Specific comments:
o Please do not include current Chpt. 12.32 (Parades and Public Assemblies) in
proposed Chpt. 40; rather, include it in proposed Chpt. 38.
o Please include current Chpts. 9.06 and 9.08 in proposed Chpt. 22, Art. III.
o Please have current Chpt. 2.06 (Municipal Court) as a standalone Chapter.
o Proposed Chpt. 2, Art. IV: please add additional departments are reflected in the
draft.
o Proposed Chpt 2, Art. V: Add additional Boards as reflected in Attachment B and
recently adopted ordinances.
o Proposed Chpt. 18 (Emergencies): please move the three proposed articles to
other locations. Current Chpt. 8.05 could be moved to proposed Chpt. 20. Current
Chpt. 5.70 (EMS) could be moved to proposed Chpt. 22.
a Please move current Chpt. 1.24 (Municipal Infraction) to proposed Chpt. 28
(Offenses) and rename the proposed chapter as "Offenses, Miscellaneous
Provisions."
Attachment A:General Comments and Discussion on Proposed Table of Contents
Page 2 of 2
Attachment B:
Specific Comments by Title and Chapter RE: the 2009 Draft
Note: Comments organized by chapter and section and include both answers to questions posed
in a footnote by MCC and additional comments as added by the staff.
Title 1:
• Please add a section allowing the city attorney to determine which ordinances are to be
codified and which ordinance are to be kept by the City Clerk in a separate index and a
companion provision requiring all ordinances to have a codification instruction. Here's
proposed Ianguage:
o "Special Ordinances: All ordinances shall contain a specific codification
instruction. The City Attorney has discretion whether to codify special ordinances
of restricted application, such as those providing for emergency or interim
measures; bond issues; elections; the conveyance of real property; the granting,
renewal, or extension of a franchise; annexations; street vacations and
dedications; street and sidewalk improvements; and the repeal of other
ordinances. Such ordinances, if not codified, shall be kept in a separate index by
the City Clerk."
• Add a section that allows the City Attorney to make adjustments to ordinances for the
purpose of codification: Here's proposed language:
o "Codification Powers: The City Attorney may change the wording of captions;
rearrange sections and change reference numbers to agree with the renumbered
chapters, sections or other parts; substitute the proper subsection, section, chapter
or other division numbers; strike out figure or words that are merely repetitious;
change capitalization and style for the purpose of uniformity; and correct manifest
clerical or typographical errors."
• FN2: Ok to add the provisions from the Billings code(1-106 and 1-109).
o Use the Billings chpt. 1 as a template. Please replace "council" with
"commission."
• The BMC was originally published by Book Publishing Company In 1982 and as far as
we can tell, this is the first "publication." The city does have a book called: "The
Ordinances of the City of Bozeman" published in 1899 but I don't know if you would
consider it a codification.
• FN9: Yes. Please print the charter in front of the code.
• .I 10: 1 assume this was a transitional provision. I think we can delete this or at least
amend the date to reflect the date of adoption of the new codifying ordinance.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 1 of 23
• FN 10: yes.
• FN 11: please add definitions of"agency," "code," and the suggestion on referencing the
MCA.
• FN 12: not sure. Suggest eliminating this word as "town" has specific meaning in state
law and any reference could be confusing. Bozeman is a"city."
• FN 13: good suggestion—please do add this phrase.
• 1.04.090 & FN14: seems like this provision would be covered in its entirety by adding
the proposed 1-106 from the Billings code (certain provisions saved from repeal). If so,
please add the Billings provision and delete this one.
• FN15 (corporate seal): do not need an independent chapter.
• FN16: the answer is yes and I agree with Stacy—as long as it's used consistently.
FN17 and FN18: again, the answer is no. Please determine the best location for these
provisions.
• 1.12: (Statute of Limitations): Delete the entire section.
• 1.20: Constitutional Initiative 75 was overturned by the Montana Supreme Court in
Marshall v. State ex rel. Cooney, 975 P.2d 325, 1999 MT 33 (1999). Ordinance 1482
adopting this entire section was done for the purpose of providing specific immunity to
employees and officials in the wake of the adoption of the Cl. Since the initiative was
overturned,the purpose behind the ordinance is moot. Please delete this entire section.
Title 2: Administration and Personnel
0 2.01: The Code of Ethics has been updated since this draft was created.
o FN19: ok
o FN21: ok.
o 020.A defines "agency." This term is different than the proposed addition of a
description of "agencies" in Title 1 as the Title 1 term references federal
agencies. See FN 11. This section is specific to only agencies of the city of
Bozeman.
o FN22 - FN28: agree,please fix.
• 2.04:
o 2.04.020: delete"bond"from the caption and in the table of contents.
o .040.I: amend: "All meetings of the commission shall be public except as
authorized by law and any citizen shall have access to the minutes and records
thereof except as prohibited by law at all reasonable times." The rest of the
section stays.
o .060: amend: "... and perform such other duties as may be required of him the
Clerk by ordinance or resolution of the commission or direction of the City
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 2 of 23
Manager, and he shall be the custodian of the official records and corporate seal
of the city."
o FN29: Yes, it is the correct date.
o FN30: please adopt the definition of MCA and thus delete "as amended"
wherever it appears in the code.
o .090.1): delete the term "recorded" at the end of the sentence.
o The reference to Ord. 1731 in the code references is listed twice.
• 2.05: Include this chapter table of contents.
• 2.06:
o FN31: delete.
o .020:
• A: Amend to: "The municipal court will be in u session at
times and on days established by the Court '
except
nonjudicial days. The A judge may set additional ecific hours as
necessary."
o .030: Amend to: "The position of clerk of the municipal court is established. The
clerk will work under the supervision and control of the
chief municipal judge."
o .050: Amend to: "The office of the municipal judge is hereby established for the
city. There will be at least one full-time municipal judge as determined by
ordinance of the commission and there may also be one or more part-time
assistant judges appointed by the chief municipal judge subject to approval by the
commission. If there is only one full-time judge that judge shall be considered the
chief iudize. If there is more than one full-time iudge the chief judge shall be
determined in accordance with Title 3 Chpt 6 MCA _—ee judge „4 * b,
o .060: Amend to: "The Each person holding the office of full-time municipal
judge will be elected at a general election and will hold office for a period of four
years. Each assistant part time iudge shall serve for the term of the appointing
full-time municipal judge."
o .070: A municipal judge, at the time of election or appointment, shall will be a
resident for one year of and registered to vote in Gallatin County the . The
municipal judge must have the same qualifications as a district judge, as set forth
in Article VII, Section 9 of the 1972 Constitution, except that the judge need only
be admitted to the practice of law in the state of Montana for a minimum of two
three years prior to the date of election or appointment."
o .080: Replace every use of the word"The" at with"a."
o .090: delete the entire section. The courts no longer appoint public defenders.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 3 of 23
o .100.A: replace "ordinance" with "resolution." Add: "A municipal judge who
appoints an assistant judge will set the assistant judge's compensation."
o .110.B: replace "with the rules of the Montana Supreme Court" with the word
"law."
0 110.C: Delete the opening phrase to begin the sentence with "All such..." and
delete the word "daily."
o .120.B.1: amend the two year practice requirement to five years per 3-6-204,
MCA. In addition, replace the requirement to be a resident of the city with
"resident of Gallatin County" and also amending the phrasing "or other law-
related employment... within Gallatin County Ems."
o .120.13: add as provision that provides an alternative to a five year attorney and
resident of the city: "sitting or retired judge of a court of record." This matches
the authority in 3-6-204, MCA. As above,this person need not be a city resident.
• 2.08:
o 2.08.010.13: delete all the powers and replace the language in this section with
"The City Manager shall have the powers and duties conferred by the Charter and
law."
o Please add a new subsection C: "The City Manager is authorized to promulgate
administrative orders within the areas of powers and duties conferred by the
Charter and this code."
o Please delete language that requires the CM to have a bond.
• 2.09: FN32:please merge this with Chpt. 2.08.
• 2.12:
o .010.A: Amend the list to recognize the following departments:
• Department of Finance;
• Fire Department,
• Department of Human Resources,•
• Department of Information Technology.
• Department of Law;
• Department of Parks and Recreation,•
• Department of Planning and Community Development:
• Police Department; and
• Department of Public Service.
o .010.13 allows the City Manager to change these departments. The charter says
establishing, altering, or abolishing any city department must be done by
ordinance. Please amend to: "The commission may by ordinance establish alter,
or abolish city departments officers. or agencies and may prescribe the functions
of all departments, offices and agencies. The City Manager may, by
Administrative Order, transfer eliminate or add functions to the departments to
include organizing or reorganizing all divisions thereunder."
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 4 of 23
• 2.16:
o FN34. Leave as a separate chapter.
o .01 O.A: Delete the requirement to have a surety and the reference to a bond.
o .010.B: Amend: "The city attorney shall be appointed by the city manager subject
to confirmation by the city commission. 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
effleial bend, if the eemmission shall require, in a sum te be fixed by
`, ffie ent stffety to be app `' by t , and said oath aitd bend shall
be filed..."The last sentence must remain.
• 2.20: FN35: Yes, delete the entire chapter.
• 2.30:
o Merge under"City Manager" chapter 2.08.
o .01 O.B.3: Delete the opening phrase"Record all ordinances and resolutions."
• 2.32:
o .010: Remove the bond requirements.
o .020: delete this section.
o .030.A: replace "ordinance"in the last line with"resolution."
o .040: delete this section.
• 2.36:
o Rename the chapter to "Department of Parks and Recreation." And revise the
section headers accordingly.
• 2.40.
o This chapter is also slated for overhaul.
o Rename the chapter: Departments of Fire and Police
o .010: in the caption, replace "director of public safety — police" with Chief of
Police."Please reflect these changes throughout the body of the section.
o .015: same as .010—rename the director"Fire Chief."
o .015: The<COM>Cannot read areas should read: "Whenever state law, contracts
or interlocal agreements require the fire chief to perform any service or carry out
any function, the fire chief shall have the responsibility to perform the service or
carry out the function. The fire chief shall also be the chief administrative
authority in all matters affecting afffeeted--the inspection and regulation of...."
o .015: Add at the end: The Fire Chief shall receive such salary as shall be fixed by
the city manager."
o FN36: Yes.
o FN37: Correct.
o FN38:Delete.
o FN39: Yes.
• 2.44:
o .010: delete the phrase"preservation of contracts"at lines 12/13.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 5 of 23
o .030: remove all references to sureties and bonding requirements. After
"engineer"include the phrase "who may be referred to as the City Engineer."
o .030: Remove the phrase in the last sentence "and shall hold office or be
employed at the will of the city manager."
o FN40: please move .100, .110, .120, and .130 from Title 2 to a new "division" in
Title 13.
o .100/.110/.120/.l 30: replace "Clerk of Commission"with"City Clerk."
o .100.E/.l 10.C/.120.C/.130.D: delete"in which."
• 2.48:
o Please delete. Make sure to delete from T of C.
• 2.56:
o .010.A: Delete the first sentence. In the second sentence after "board" please
insert"of trustees of the Bozeman Public Library."
o .010.B: remove the references to the bonds.
• 2.64: Delete this chapter as the city no longer has this board.
• 2.66: Ok
• 2.72: This entire Chapter has been repealed.
• 2.76:
o SB57 (2009) repealed most of the state statutes regarding cemeteries (i.e. state
law reference: 7-35-101 et seq. has been repealed).
o FN42: Yes, there should be an exception for service dogs.
o FN43: Maybe sometime in the future but not at codification.
o .120 at the end of the 3Td line it should now read "Parks and Recreation Director"
rather than"Director of Public Works".
• 2.80:
o All references to "city-county" should be deleted.
o .050.B: Replace: "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" with "At least two but not more than
four members shall be representatives living in a Bozeman historic district, on
file at the city planning office."
o .060.C: Replace "Vacancies on the board should be filed by appointment..."with
"Vacancies on the board should be filled (two 1's. filled not filed) by
appointment..."
o .090.D: "Review and comment on planning programs undertaken by the city,
zoning commission, city-eexu+t}planning board,..."
• 2.84: No comments.
• 2.92:
o .030: Delete subsections B, D, and G.
o .030.F: amend:Assist in conducting appraisals, tae sear-e es
,surveys, studies....
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 6 of 23
• 2.96: No comments.
Chpt.2.96:
o See recommendation on new proposed Table of Contents. Move to a different
location.
• 2.98:No comments.
Title 3: Revenue and Finance
0 3.04: This chapter will be addressed in Phase 2. No changes necessary at this time.
• 3.08:
o FN47: Agreed but please leave as the Finance Director has not yet reviewed. We
may be making a recommendation sooner.
• 3.12:
o The city joined the state MPORS program in 1975. Delete this chapter.
3.16:
o FN50: Please amend the citation to the current code provision as indicated in the
FN. Please leave this chapter as 7-12-4221 requires a revolving fund to be
established by ordinance.
• 3.20:
o FN51: Neither. The Chapter should be repealed as there is no reason to develop
local code provisions for creation of these TIF districts. That being said, please
leave this here as the provisions of this chapter contain provisions that are more
detailed than the state code. Phase 2 will contain a review of the city's TIF
districts.
• 3.24.
o 110.B: change the word"period"to "periodic."
o 110.E: replace"administrative services director"with"finance director."
• 3.28:
o Please include this chpt. in the chapter's table of contents.No other comments.
• 3.30:
o Please include this chpt. in the chapter's table of contents.
o FN52: It appears two ordinances were adopted within a couple years of each other
and given the same section numbers. To fix this I propose the earlier of the
ordinances (budget admin) be given the code sections as included in Ord. 1729.
The tax abatement ordinance (Ord. 1744) should be numbered as Chpt. 3.32. The
specific answer to the question is"no."
o FN53: This is a result of different city staff drafting differently without a "code
commissioner" requiring uniformity in practice. I ask the citation here to "BMC"
should be struck in favor of citation only to the numerical section: We do NOT
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 7 of 23
need to say"BMC" or"this code." When we use the periods between numbers we
know the citation is to the BMC.
Title 5: Business Taxes, Licenses, and Regulations
5.01:
o FB54: agree. The provisions in 5.01 should be deleted.
• 5.02:
o .010: change"chapter"to "Title."
o .020: change"chapter" reference to "Title."
o FN55: yes, this must change to "Title."
o FN56: change license officer to"Finance Director."
• 5.04:
o FN57: Please do combine the first four chapters into one, if possible. As for the
rest of the comment it appears the rest of Ord. 1273 is included in the draft. The
draft does not follow the organization of the ordinance (which is ok to do) but
please know the substantive provisions appear to be all included in the draft).
• 5.08:
o Please repeal this chapter.
• 5.12;
o See general note on Appendix A regarding this and the other alcohol related
chapters.
o .030: replace "Clerk of Commission"with"City Clerk."
o FN58: agree to change the name of this chapter to "alcoholic beverages."
o FN59: .110 should have been repealed when Ord. 1616 was adopted creating the
current 9.70.020. Sect. 3 (repealer) of Ord. 1616 has the effect of repealing
5.12.110. Please repeal this section.
o FN60: moot because .110 will be removed from the code.
• 5.32:
o FN61: adding the phrase "the date the article must be redeemed" would be a
substantive change and should wait for another time. As this requirement was not
in Ord. 1734 we'll need to come back to correct it.
o FN62: please delete in favor of the general penalty.
• 5.40: No comment.
• 5.52;
o FN63: See first comment under 5.12: refer to note on Appendix A for
reorganization.
o 5.52.010: this section needs to be amended to reflect the current state of the MCA
rather than the old RCM citation. See 5.12.010.A to refer to the Montana
Alcoholic Beverage Code."
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 8 of 23
o FN64: Yes. The MT L Control Board is, as of 1973(!)the "Montana Liquor
Licensing Bureau;" thus, using the "Department of Revenue" is a more general
reference and is the best practice.
o .030: replace "Clerk of Commission"with"City Clerk."
o FN65: Yes.
• 5.56:
o No comment.
• 5,60:
o FN66:No.
• 5.64:
o FN67: Please amend as indicated below and move to Title 15 (Buildings and
Construction).
o .020: #1 and #2 are now "International" codes; #3 state did not adopt so please
delete from the list; #4,5, 6 are correct as written; and#7 is now the "International
Residential Code,"
o FN68: See Fire's comments.
• 5.68:
o FN69: This chapter refers to the entirety of Title 5 but for some reason was
plugged into the middle! Agree. Put it at the END.
o FN70: Agree. Delete this in favor of 1.16.
o FN71: Agree. Delete.
o FN72: Agree. Delete.
• 5.70:
o FN73: Agree. Please amend in both places in .020.
o FN74: Please add to the fee schedule in 5.05.010 (Specific Businesses) as a
"Registration and License Fee."Please also keep subsection D here.
o FN75: Yes.
o FN76: Yes.
o .050: change the reference to DPHHS (see FN73).
o FN77: Agree. Delete.
Title 6 (Animals):
• 6.04:
o Note: Please make sure the following ordinances are included in the next draft:
■ Ord. 1764 (kennel licensing (already included in current draft));
■ Ord. 1764 (dog parks/enforcement) (not included); and
■ Ord. 1767 (chickens) (not included).
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 9 of 23
o The remaining comments address other issues not addressed by the above
ordinances:
o FN78:Please add the"six month"age requirement to this definition.
o FN79:This should be a substantive amendment and must be handled by a specific
ordinance.
o FN80: See Ord. 1764—revised this definition to "Animal Shelter Director."
o FN81: Yes.
o FN82: See FN78—add the six-month phrase to the definition of kennel in .01 O.H.
o FN83: See Ord. 1764.
o FN84: See Ord. 1764.
o FN85: Cruelty to animals in 6.04 was repealed with 1764.
o FN86: See FN85. This section repealed.
o FN87: Please do not include an exception. We can address it as a substantive
amendment in the future.
o FN88: Comment is correct. Ord. 1764 also used "title" here. PIease amend to
"chapter."
o FN89: Agreed. 1764 did not include this provision in the ordinance. It should be
deleted.
o FN90: 1764 takes care of this.
• 6.08
o FN91: 1764 did not amend anything in 6.08. Please leave this provision here
rather than refer to the general provision in 1.16.
o FN92: Similar to comment at FN88:please change to "chapter."
Title 8 (Health and Safety):
• See comment on Appendix A: all references to "Department of Public Safety—Police"or
to "Director of Public Safety — Police" must be amended to "Police Department" and
"Police Chief'respectively.
• FN: 93: See Attachment D.
• 8.04:No comment.
• 8.05:
o FN94: No. See above and comment on police/fire nomenclature in Appendix A.
o FN95: YES.
o FN96: Please leave.
• 8.08:
o Delete the chapter as the state Board of Barbers and Cosmetologists regulates
these facilities and the local board of health does not ever inspect.
• 8.12:
o FN 100: date is vN rong. The second reading occurred on May 3,2004.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 10 of 23
o .030.A: Make the "Fire Chief' rather than the "Director of Public Safety" the
permitting entity for public displays.
o .030.A: Amend to: "The Fire Chief and/or Chief of Police or their designees shall
review and inspect all supervised...'' Add at the end: "All applications under this
section shall be made to the Fire Chief."
0 030.G: amend both references to "Director of Public Safety"to "Fire Chief'
o .040.F: Change this to "Fire Chief."
o .050.A: amend to "... proof of liability insurance in an amount acceptable to the
City Attorney; ..."
o FN 101: Delete.060.A.
o .060.B: amend"Director of Public Safety"to"Chief of Police."
o .060.C: amend"Department of Public Safety"to "Police Department."
o .060.D: amend"Director of Public Safety"to"Chief of Police."
o FN 102:No. Leave this here.
• 8.16:
o FN 103: Please keep both.
o FN 104: Yes.
• 8.20: Delete the chapter.
• 8.24: Delete the chapter.
• 8.28:
o FN 109: agreed—please make it so.
o FN 110: yes. Please make the change.
o Other references in this chapter to "planning department" could also be changed
to "department of planning and community development."
o Note: there are no criminal penalties involved here--it's all civil.
• 8.30:
o .050: remove the bolding.
o FN111: Keep both the 8.30 and 6.04 authority but cross reference: Add the phrase
"... or as defined in 6.04.01 O.N.4."
o FN112: delete R-2a and R-3a as they no longer exist in the UDO.
o FN113: agreed. Add"UMU."
o FN114: No. Please leave this enforcement provision as it includes specific
graduated penalties for successive violations.
• 8.32
o FN115: Repealer section (ord. 1574) controls. Plus, adoption of the MT Clean
Indoor Air Act. Yes,please delete.
• 8.36:
o FN116: Engineering recommends changing this to add the phrase "one foot in
height." "Public Works (Debbie?) says no height. Either way, Engineering's
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page I I of 23
proposed change appears to be substantive even though it most likely reflects the
actual practice. Nevertheless,this needs to be dealt with after codification.
• 8.40: Delete chapter in favor of state code provisions.
0 8.44:
o FN118: Agreed. Delete this enforcement provision.
• 8.48:
o Amend references to "Director of Public Safety"to "Chief of Police."
o FN119: please amend this section to: "This chapter hereby supersedes The
Montana Clean Indoor Air Act, Title 50, Chpt. 40, Part 1, MCA, only to the
extent this chapter provides more stringent restrictions."
Title 9 (Public Peace, Morals, and Welfare):
• Note: After MCC's process is complete we plan to revisit this Title to remove provisions
that are duplicative or conflict with state law (i.e. Phase 2). Please just make the edits
listed here until the city can reform this title. The offenses that are proposed to be
eliminated at this time include those where a state statute clearly addresses the same or
similar conduct or where the constitutionality of the current provision is called into
question. In the later case, either the provision is proposed for repeal (vagrancy) or a
major modification is proposed(loitering).
• 9.02:
o FN121: Replace the language in this code section with: "Pursuant to state law,
Bozeman police officers shall have powers to respond and control disturbances of
the peace and have powers of arrest within the city and for three (3) miles outside
of the Bozeman corporate city limits. Nothing herein shall Iimit the jurisdiction
of a Bozeman police officer pursuant to Title 7. Title 10 or Title 44 MCA or any
other mutual aid agreement."
o .020: change "title"to"chapter."
• 9.06:
o FN122: Please leave for Phase 2.
9.08:
o FN123: Amend to state"Fire Stations of the city..."
o .080: delete this section.
• 9.10: No comments.
• 9.12: repeal.
• 9.14: repeal.
• 9.16:
o FN125: instead of referring to the section number in state statute please refer only
to Title 45, Chpt 2, MCA and Title 10, Chpt. 4, MCA.
o FN126: please do use the general penalty in 1.16.
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 12 of 23
• 9.20: Repeal.
• 9.26: Repeal.
• 9.28: Repeal.
• 9.34: Repeal.
• 9.36: Repeal.
• 9.38: Repeal.
• 9.42: Repeal.
• 9.44: Repeal.
• 9.46: No comment. Please keep.
0 9.48: Repeal.
• 9.50: Repeal.
• 9.52: Repeal.
• 9.54:
o Amend to reflect the ALI's Model Penal Code: "A person commits a violation if the
person loiters or prowls in a place, at a time,or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether such alarm is
warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to
identify him or herself, or manifestly endeavors to conceal him or herself or any object. Unless
flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any
arrest for an offense under this section afford the actor an opportunity to dispel any alarm which
would otherwise be warranted,by requesting the actor to identify him or herself and explain his or
her presence and conduct. No person shall be convicted of an offense under this section if the
police officer did not comply with the preceding sentence, or if it appears at trial that the
explanation given by the actor was true and, if believed by the police officer at the time, would
have dispelled the alarm. A violation of this section is a misdemeanor with the penalties set forth
in 1.16."
• 9.56. Repeal.
• 9.58: Repeal.
• 9.64: Repeal as this is covered by 18.42.130.D.
• 9.66:
o Many of the sections in this chapter (.010 through .050, .070, .080, .100) could
certainly be eliminated because of 45-6-101 (criminal mischief). This should be
reviewed after codification.
o FN134: Please keep. The provision on horses and cattle (.060) should be reviewed
in Phase 2.
o FN135: This section was amended by the Commission in 1990 via ordinance
1313. 1 agree the more appropriate location for such a provision should be in the
location where the park regulations are established. The park regulations in Chpt.
12.26 were adopted in 1989. Because this provision was amended AFTER the last
work on Chpt. 12.26 I'm going to assume, for now, this section has purpose and
Attachment B.Specific Comments by Title and Chapter RE:the 2009 Draft
Page 13 of 23
should continue to be included in the regulations. Please move it to be Iocated
along with Chpt. 12.26.
o .120 through .150 should stay and will be reviewed after codification.
o FN136: delete in favor of general penalty in 1.16.
• 9.68:
o FN137: use general penalty in 1.16
• 9.70:
o This chapter should be included with 5.12 and 5.52 in a separate location. See
general comment on alcohol in Appendix A.
o .040:
• .040.A: amend from Director of Public Safety to the "Director of Parks
and Recreation."
■ .040.13: please amend to: "The City Manager or designee may grant a
waiver to the provisions of Seetien 9.70.020 for activities occurring in or
on a public place other than a park or where the number of participating
adults exceeds seventy-five."
■ .040.B.3: Please amend to read:
• "Applications submitted under this subsection shall have proof of
general liability insurance in an amount not less than $750,000 for
each claim and $1.5 million for each occurrence and in addition
such insurance shall also specifically cover the serving of alcoholic
beverages. aeEeptable—to the City; and whieh An insurance
certificate evidencing the above coverage shall be presented to the
City prior to the event and shall name fides the City as an
additional insured."
■ .040.C: Please amend to: "In seeking a waiver to Seetion 9.70.020 the
group leader or authorized representative shall file with the Director of
Parks and Recreation, or City Manager or designee, as applicable, ..."
■ Similar to the comment immediately above, .070.D/E/F/H/I: all these need
to reflect that two officials have approval authority depending upon
whether the permit is being issued under .A or B. As such, in all the
subsections listed above the DPS should be amended to DPR and also the
phrase"...City Manager, or designee, as applicable" should be included.
■ .040.F: amend to state: "and shall not discriminate in granting or denying
waivers under this chapter based upon political, religious, ethnic, color
race, national origin, disability, or gender, or actual or perceived sexual
orientation, gender identity or disability-related grounds." on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or
actual or perceived sexual orientation,gender identity or disability.
o .050: repeal.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 14 of 23
o .070.C:repeal.
o FN 139: No but please repeal .070.C.
• 9.72:
o FN140: Leave it here.
• 9.80:
o FN141: Please insert the suggested exceptions and ensure they are in the
disjunctive.
9.90: No comment.
• 9.92: No comment.
• 9.93:
o .040: in the introductory line please include the phrase "includes, but is not
limited to..."
o FN 144: yes,delete this as covered by 1.16.
• 9.94: No comment.
• 9.98:No comment.
Title 10 (Vehicles and Traffic):
• General approach to this title:
o Unless specifically instructed otherwise, please amend all references in this Title
to"director of public safety"to the"director of public service.''
o Remove all unnecessary quotation marks.
• 10.04:
o FN145 — FN163 (Definitions). There are some definitions here that are not
covered by the state law definitions. Please leave amending all of these for Phase
2.
o FN164:please repeal.
o FN165: please leave. The purpose is that various provisions in Title 10 reference
zoning districts with boundary descriptions included in Title 18 (the UDO). Leave
this section.
o FN166: Please leave.
o FN 167: Leave.
• 10.08:
o FN169: Not sure what the intent was with the repeal of 10.08.272 with Ord. 1616
but the effect is this code section was repealed. Phase 2 reconsideration.
• 10.10: Repeal entire chapter.
• 10.12: No comments.
0 10.16:
o 010: Please change "director of public safety" to "director of public services."
Also, please make gender neutral.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 15 of 23
o .020: please make"manual"plural: "manuals."
o .070: Please change"director of public safety"to "director of public services."
o .050: Please replace the word "wait"with"don't walk."
o .070.E: Amend to "Director of Public Service."
• 10.20: No comments.
• 10.24:
o .O10.A: replace "City Engineer" with "Director of Public Services or designee"
and amend "Director of Public Safety—Police"with"Chief of Police."
o .010.C: amend"temporarily' at the end of the fourth line to "temporary."
0 10.28:
o .020: repeal.
o .050: repeal.
o .060: repeal.
o .070: repeal.
o .090: repeal.
o .100: repeal.
• 10.32:
o Note: This chapter has been amended by several ordinances since the draft
was prepared:
• Ord. 1770: major revisions to .410
■ Ord. 1771: Amend the fine schedule in.410.
■ Ord. 1781: Amend similar provisions for clarity.
o FN175: Agree. Please change "Handicap" to "special needs" in this section;
elsewhere throughout the chapter change to"disabled."
o All references to "director of public safety" should be changed to "director of
public service." These references include .040.A; .060; .070; .080; 090; 100; 130;
150A; 170A; 185A; 190; 230; 240A; 250A; 270; 280; 30013; and 320.
o FN176: this is the correct date of adoption.
0
• 10.34:
o .010: remove this section.
o FN177: please change all references to "handicapped"to "disabled."
o FN178: please leave.
o FM 79: Yes, please change "division"to "department."
• 10.40: No comments.
• 10.42: No comments. Please add to the index.
• 10.44: No comments.
• 10.48:
o FN 181: No.
o .020 - .080: repeal.
o FN183: please leave this section.
0 10.52: No comments.
• 10.56:No comments.
• 10.60: No comments.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 16 of 23
• 10.64: No comments.
Title 11 (Eminent Domain): No comments.
Title 12 (Streets, Sidewalks, and Public Places):
• 12.04:No comments
12.08:
o Gender neutral in.100
o .110: please repeal in favor of 1.16.
• 12.12
o .020 and .030: remove the quotation mark at the both sections.
o .040,.050, .070 (twice), and .080: add "or designee" after "director of public
service"each time the term D of PS is used.
o .060: replace "torches or red lights"with"warning lights."
o Make sure all references to the D of PS are gender neutral.
o FN185: Agree. This is in interesting place for this provision. I suggest moving it
to title 9 and then we can address it after codification.
o FN186: Yes. Use the general provision in 1.16.
• 12.14: No comments.
• 12.16:No comments.
• 12.20:
o FN187: Please leave.
o FN188: Yes. Please leave as is. See comment for 2.44.
.010: After the term "engineer" in the first line, please add"—who may be called
the City Engineer..."
o .020: repeal now as the service is not and cannot be provided by the city.
o .030: City Engineer suggests repealing this section. Please do so.
o .060 and .070: Ordinance 1300 (1990): Engineering comment in reference to .060
and .070 states that this ordinance removed curb-and-gutter from the
homeowners' responsibilities. Ordinance 1300 did not specifically amend .060
and .070; rather, it only amended .035, which the draft codification accurately
reflects. Unfortunately, Ord. 1300 did not have a "repealer" provision that would
indicate any other provision in the BMC that was in conflict with the amendment
in 1300 would likewise be amended or repealed. Bottom line: we have to leave it
like it is and someone will need to come back after codification with a cleanup
ordinance.
• 12.22: Needs to be added to index.
o Also please see Ordinance 1785 (adopted 5/17/10)which amended this chapter.
o FN190: please see Ord. 1785.
o FN191: See Ord. 1785.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 17 of 23
• 12.24:
o .020.A.1: Please replace the entire provision with the following: "A double
frontage lot that has a sidewalk which fronts on or abuts an arterial street as well
as a sidewalk which fronts on or abuts another street on the direct opposite lot line
shall not be required to remove snow on the arterial street sidewalk."
o FN192: having the general penalty in 1.16 cover these violations could be
problematic because of the civil sanction in .040. If we left the criminal provision
of .050 it would allow both. I say delete this criminal provision (both .050 and
.060) in favor of only the civil sanction. If the failure to clear a sidewalk is so
egregious that we need to think about a criminal sanction we should find a state
statute to rely on. 45-8-111(1)(c), MCA(public nuisance). Please repeal .050.
• 12.26:
o .020: change definition of director to"Director of Parks and Recreation."
o .030.B (age limit on use of opposite sex bathrooms): Please leave.
o FN193: this language is ok. Bill's comment is correct: Title 6 does allow specific
leash free areas. I think we're consistent here.
o FN194: Please draft an exception for "service animals authorized under the
Americans with Disabilities Act"for entire subsection thus applying the exception
to both "cause[ing] any domestic animal to run loose..." and to the leaving of
waste.
o FN 195: agreed. We can leave this here, though, with a reference back to chapter
9.92.
o FN196: Ditto. Reference back to 8.12.
o .050: Per Resolution 4243 the City does not discriminate on the basis of age.
Please remove "age"from the application material provision in.050.A.1.
• 12.28:No comments.
• 12.30:
o .010: Delete"person"from definitions.
o FN 197: Yes.
o FN198: change to 1/1/1996.
o FN199: ok to delete and use 1.16.
• 12.32:
o As an FYI, this chapter is set for a major overhaul this coming summer/fall.
o .040 and.060: after "city manager" add "or designee" as the Director of Public
Service has been designated the reviewer for all these permits.
o .090: amend this section to read: "...under this chapter based on political,
religious, ethnic, race, color, creed, age. marital status national origin disability,
or gender, or actual or perceived sexual orientation r-eleAe .�. .,•.,a "
o FN200: The intent of Ord. 1640 was to leave .B in the code. The purpose of the
ordinance was merely to create the public safety director positions; the purpose
was not to remove a substantive provision in the assembly provisions related to
police protection and free speech. Please keep this provision.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 18 of 23
Title 13 (Public Services)
• 13.04:
o .010: Replace "carrying and distribution systems" with "carrying, treatment, and
distribution systems..."
o .010: replace "Director of Public Safety"with"Director of Public Service."
o .010: ninth line: after "notices" and before "and/or appurtenances" please insert
"storage tanks, Pear Street Booster Station."
• 13.08:
o FN202: They were paid off.Please delete the entire chapter.
o FN203: Agree; since the entire chapter will be deleted this is moot.
• 13.12:
o FN204: delete this definition and also delete every reference to "the commission"
throughout the chapter as municipal water systems are no longer regulated by the
State.
o .020.F: delete this definition.
o .040: delete"upon approval by the Commission."
o .050: Replace the word "commission" with "City Clerk" and delete "and at the
offices of the utility."
o .060: Please change the waiver authority from the "commission" to "Director of
Public Services."
o .080: second line: amend the word"utilities"to "utilizes."
o Delete all of Article 3 and renumber the chapter accordingly.
o .330 and .340: the captions should be parallel: "Maintenance - when utility
responsible."For.340 it should continue to be "property owner."
o .030: Amend"responsibility"to "responsible."
o FN205: The question is whether this provision in the code was intended to be
superseded by Ord. 1185 (what is now chpt. 13.21). Ord. 1185 was an emergency
ordinance and has never been adopted under other authority. Nevertheless,
nothing in the law nor in the ordinance indicate these provisions were to be of a
temporary nature. Moreover, there was not a "repeal" provision included here.
After consulting with the Director of Public Services please delete 13.12.380.A
and leave 13.12.380.13.
o .390: delete as this is covered by 13.21.
• 13.16:
o FN206: It appears to make sense to incorporate this chapter into 13.12. Please do
so and we'll review it at the final draft.
o .010: please renumber the rules in conformance with standard outline format thus
deleting the reference to"Rule G-1" etc.
o All of these provisions will be revisited during this next fiscal year.
• 13.20:
o FN207: delete entire chapter per Ord. 1185 (see discussion above under 13.12).
• 13.21:
o Get rid of"public safety" in the definition of director Ieaving"public service."
o 030: gender neutral (second line).
o FN208: please leave as is.
Attachment B:Specific Comments by Title and Chapter RE:the 2009 Draft
Page 19 of 23
• 13.24:
o .020.E: Delete definition of"room."
o .050: change "commission" to "City Clerk" and remove the phrase "and at the
offices of the utility."
o Delete Articles 4 and 5.
• 13.28:
o Change title of chapter to "Wastewater Collection and Treatment System."
o .O10.A: change to: "...comply with all applicable state and federal laws" thus
deleting from"required by the CWA..."to the end of the sentence.
o FN211: ok to make the suggested change(s).
o .020: correct the outline format by using capital letters rather than numbers.
o .020:1: Change the citation to the federal code to "Title 33, Chpt. 26, U.S.C."
o .040.A.3: change to: "having a pH less than&0 6.0..."
o .040.A.6: after"Section 405"add and Section 503..."
o .040.A.12: please add to the end"unless approved by the City Engineer."
o .240: change the time period for renewal to two (2) years from the current three
(3)years.
• 13.32: No comments.
• 13.36:
o Replace the current language in this section with the following: "Customers
contributing waste water with strength concentration in excess of normal
allowable limits of two hundred fifty milligrams per liter of BOD two hundred
fifty milligrams per liter of suspended solids, and 5 milligrams per liter of
phosphorus shall be subject to an extra strength surcharge in addition to the
regular service charge computed in accordance with the current rate structure."
Title 15:
• Remove all italics and any unnecessary quotations throughout chapter (e.g. 15.01.010.E)
as this was left over from the ordinance and need not be included in the code.
• Add "I 5.02 Building Division Fees"to the table of contents for the title.
• DeIete Chpt. 15.32 (sign code) from the table of contents.
• 15.02:
o Add an index of sections for Chpt. 15.02 at the chapter header.
o Please review the formulas in .010 and .020 match the structure as stated in Ord.
1631. The formulas are critical to calculating fees.
o .020.C.3: Please amend the phrase "renew action on a permit after expiration, the
permittee shall pay a new full permit fee" to read "In order to renew action on a
permit after expiration has exceeded one year, the permittee shall pay a new full
pen-nit fee". This reflects a change/clarification in the current IBC.
15.04:
o FN213: there's a detailed explanation as to why the building division folks feel
we need these separate chapters for each code but mainly the rationale is the state
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 20 of 23
and city adopts specific amendments to these codes that may vary from code
cycle to code cycle.
o .010: revise from 2003 Edition to "2006 Edition"
• 15.05
o Header: 15.05 is the International Residential Code chapter — not the "Family
Dwelling Code."
o Change the 2003 reference to 2006 edition.
• 15.06:
o .010: change the date to 2006 edition.
o Need a chapter header here for Chpt. 15.06 "International Existing Building
Code."
• 15.07:
o Pursuant to Ord. 1613 (sect. 8) the chapter is now titled the "International Fuel
Gas Code."
o Change the date in.010 to the 2005 version.
• 15.08:
o Include the rest of the chapter.
o Revise the year in.010 to the 2005 edition.
o .170: have the language read: "...file a petition in writing for review of said action
of the Electrical Inspector with the Board of Appeals."
o We recognize Ord. 1613 (section 9) did not include all of the sections but
according to the Chief Building Official the intent was to keep them here. As
such, please include rest of the chapter as it existed prior to adoption of Ord. 1613
subject to the changes herein.
• 15.12:
o Amend date of code version to 2006.
o We recognize Ord. 1613 (section 10) did not include all of the sections but
according to the Chief Building Official the intent was to keep them here. As
such,please include rest of the chapter as it existed prior to adoption of Ord. 1613
subject to the changes herein.
o .030: please make sure the formatting matches that in the current code.
o .020: please delete the fee schedule here replacing it with a reference to "15.02."
• 15.14:
o Amend to "The International Energy Conservation Code, 2003 edition, as
provided by..."
• 15.16:
o Change the date reference to the 2006 version.
o Include the rest of the chapter.
o .015: reference the 2006 version of the code.
Attachment B: Specific Comments by Title and Chapter RE: the 2009 Draft
Page 21 of 23
o .020: This section is covered by processes currently included in Title 13 related to
sewer and water connections. Please delete as this provision conflicts with the
current process.
o .030: please delete the fee schedule here replacing it with a reference to"15.02."
0 15.20:
o .030: repeal the definitions.
o FN214: yes, change to "building mover"in the title where applicable.
o FN215: This is a good suggestion but must be taken care of later. Please keep.
o FN216: same as above. The building guys can amend this later.
• 15.24: Omit from code.
• 15.28:
o Agree to delete .030.
o FN217 and FN218: amend later.
• 15.32: Delete this entire chapter; no need to reference the state code.
• 15.36. Fire Code:
o .010.13: change address to 121 North Rouse Ave.
o FN223: please leave .020.
o This will be subject to a standalone ordinance adopted prior to the final draft; as
such, upcoming revisions other than mentioned above will be incorporated into
the code later.
• 15.37: No comment.
• 15.40: Delete the entire chapter.
• 15.44: No comment except FN225: keep the penalty provision here.
• 15.48:
o We ask this chapter be renamed"Location of Utility Poles/Change of Location."
o This chapter is generally no longer applicable as state law covers safety issues
related to "overhead electrical lines."
o Every section within the chapter should be deleted EXCEPT .030 and .040. Please
renumber accordingly. In the future these two provisions will be relocated but for
now,please leave them here.
• 15.52:
o FN229: leave as is as this chapter will come out later.
o FN230. No, leave as is as the chapter may be deleted in its entirety in favor of
restrictions on camping/permits in the park/public assembly provisions.
Attachment B: Specific Comments by Title and Chapter RE:the 2009 Draft
Page 22 of 23
Title 17: Workforce Housing.
• 17.02
o Delete the state law reference to 53-2-1201.
o Remove the additional "1" in the section heading for "definition of terms." Its
"17"not"171."
o .020: Please give each definition a specific section letter. See, e.g. Chpt. 18.80.
You could also label them by using letters such as "17.02.020.A Actively
Marketed."
o .030: label subsection A as "General"per ordinance 1710.
o .050: please reorganize this section according to the general outline for the BMC.
Section .050.A should be "determining price of unit" while .050.13 should be
"pricing assumptions."
Attachment B:Specific Comments by Title and Chapter RE: the 2009 Draft
Page 23 of 23
Attachment C: Comments on Title 18 (UDO)
18.02.020 232 Title 7, Chapter 3, Part 7 is the Charter Government
section and does exist. Please keep this section.
18.04.040 233 State statute uses the term"governing body"when
discussing the entity with authority to approve a
subdivision. The"Governing body"is defined as the
City Commission in 18.80.1200. Please leave the
term "governing body" in place.
18.06.020 234 No,Planning Department is a defined term in
18.80.2320. We did that to not waste so much text
room. If the department ever changes name we can
amend just the definition rather than mess with the
whole ordinance.
18.06.030 235 Yes, it is a department of the State, not city. It should
be so stated. Please include the word"state" before
Montana...
18.06.040.D.1.e In the first sentence the word"approval"should be
chan ed to"approve."
18.06.040.D.1. (2) 236 Yes, the correct citation is to 76-3-604, MCA
18.06.040.D.1.g The reference to section 18.78.050.I should be
receded by the word 'by.'
18.08.040 238 The correct reference would be Engineering Division.
They are under the Department of Public Service.
18.10.I0 239 Rather than constantly add "as permitted by"please
incorporate a single reference in the opening
paragraph noting that references are to the
authorizing law.Adding the extra text doesn't change
the meaning and is redundant. In addition,the
Montana Subdivision and Platting Act changes
constantly so we attempt to avoid specific references
to a state statute in the text of a local code.
18,10,090 241 Yes, Planning Director is defined in 18.80.2330.
18.12.020.A There is an extra period in the first line,a missing
comma after`lots' in the second line, and `block'
should be made plural. Electric `powers' should be
made singular in the third paragraph.
18.12.030 This certificate should be in a box like the others.
18.12.040.A The term `City of Bozeman' within the certificate
box is used twice. The first usage should be replaced
with 'City Commission.'
18.12.040 242 Please use `et seq.' here.Next major revision of the
UDO we will revisit this question.
18.12.110.A Please do not insert the word"Montana."
18.14.010 243 Yes,follow the same order as they appear in chapter
order.
Attachment C:Comments on Title 18(UDO)
Page 1 of 5
18,14.020.13 Please amend to: "This certificate should read as
follows: This is to certify that this is an Official
Zoning map referred to in section_of Ordinance
No. of the City of Bozeman,Montana."The
certificate must include the city's standard template
for Mayor signature,attestations,and date of
adoption."
18.16.020 The use table needs the district abbreviations to
reappear at the top of each page.Accessory Dwelling
Unit in the table needs footnotes 8 and 9, not footnote
3. In footnote 7 there should be a period, not a
comma after both repetitions of BMC, There is an
asterisk instead of an 8 in the list of footnotes and
footnote 9 is missing which reads `Accessory
Dwelling Units in the RS and R1 Districts, shall be
permitted to be placed above garages only in
subdivisions receiving preliminary plat approval after
January 1. 1997.'
18.16.040.A This will need to be edited to include the changes to
the section in Ord. 1761.
18.16.040.11,Table The line for townhomes shows both a minimum
16-3 width and the `not allowed' dash marker for RS and
R-l.
18,16.060 The entire section is repeated twice. Delete the first
one.
18.16.070 The entire section called"Residential Garages" is
missing from the draft.
18.16,080 The title is repeated.
18.19.070.E.1.b There is an incorrect reference, it should be to
18.19,070.E.1.a, not D.
18.19.070.G The word `shall' needs to be inserted after `landscape
design' in order to make a complete sentence.
18.28.040 Amend the first line to read: "A certificate of
appropriateness,received from either the Planning
Director.,eF the City Commission, or the Board of
Adjustment, and after recommendation by the
Administrative Design Review staff or Design
Review Board..."
19,28.090 Amend to read: "Aggrieved persons, as defined in
Chapter 18.80, BMC, may appeal the decision of the
Planning Director�Board of Ad*ustment.or City
Commission pursuant to the provisions of Chapter
18,66, BMC,and Title 76,Chpt,2,Part 3 MCA."
Leave the last sentence.
Attachment C:Comments on Title 18(UDO)
Page 2 of 5
18.30.020.E Amend the last sentence in this subsection to read:
"The recommendations of the Design Review Board
or Administrative Design Review staff shall be given
careful consideration in the final action of the
Planning Director,Board of Adjustment, or the City
Commission."
18.30.080.B The Board of Adjustment should be added
throughout this paragraph according to their authority
established in 18.64.010.C. Please insert"or Board of
Adjustment"after each and every reference to the
"City Commission."
18.30.090 The Board of Adjustment should be included in the
list of bodies whose decisions may be appealed.
Please use the propose text amendment described
above under 18.30.020.B.
18.34.010.D After the reference to the Board of Adjustment please
add"or City Commission." Both bodies have the
authority to approve a CUP under certain procedural
conditions.
18.34.030.A.2 This should list a cross reference to Chapter 18.78
since that is where the submittal requirements are
located.
18.34.090.A.13 The word "drawing"should be replaced with
"drainage".
18.34.190.A Second to the last line,the word `or' should be
replaced with `to' after the words `...in any way...'.
18.36.040.C.4.a(2)(d) Change `greater than' to "less than' otherwise the
sentence mandate a building to move a certain
distance instead of restricting it's movement as is the
purpose of the section.
18.36.090.E.2.a(7) The word `earn' is misspelled just before the word
'thirty' in the second line.
18.36.090.E.2.b Add NEHMU to the list of residential zoning
districts.
18.36.090.E.2.c Add UMU to the list of commercial zoning districts.
18.36.090.E.2.d Add NEHMU to the list of industrial zoning districts.
Yes, it is listed twice, as a mixed use district it could
be either one depending on the nature of the proposed
development,
18.48.020 245 Yes, it should read Chapter.
18.48.070 246 They support each other.The City Forester is part of
the Development Review committee and reviews
proposed development plans for conformance with all
relevant code. Section 18.34.090.A.3 requires
(through site plan review which includes
Iandscaping)conformance with all `applicable laws,
ordinances, and regulations.' If considered necessary
a cross reference to 12.30 BMC could be inserted.
Attachment C:Comments on Title 18(UDO)
Page 3 of 5
18.48.070 247 Yes, this is a City department.
18.52.050.B 248 UMU was added with Ordinance 1769. Please add
when Ord. 1769 is codified.
18.52.050.B 249 Ordinance 1769 removed this lan ua e.
I8.52.060.A 250 UMU was added with Ordinance 1769. Please add
when Ord. 1769 is codified.
18.54.030,Table 54- 251 This has been identified as a future edit.
1
18.54.040, Table 54- 252 This has been identified as a future edit.
2
18.58.080 253 This is a Department. This was corrected with
Ordinance 1769.
18.64.010 There are extra periods after the paragraph
identification letters.
18.64.080 254 Yes, make the correction.
l 8.64.090 There are extra periods at the beginning of sentences
in the paragraph.
18.66.010.B.1 Formatting problem with the indents and periods.
18.66.080 Caption should read: "Appeals from City
Commission or Board of Ad'ustment Actions"
18.78.060.P.I.i The letter j is repeated twice as a paragraph identifier.
18.78.070.A Please replace the reference to the specific ARM
citation with"unless it complies with the uniform
standards for final subdivision plats as established
in the Administrative Rule of Montana."
18.78.170.A.8 The word co-location is misspelled in the sentence.
18.80.090 Reformat the MCA reference.
18.80.320 v. 256 Please amend 18.80.2120 by deleting the second
18.80.2120 sentence :
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being
equalled or exceeded in any given year.A
has nc oL x• a LT[sc
A 100-
year flood is the same as a base flood.
18.80.330 257 1929 is the correct year. We will consider removing
the date reference under a future UDO edit.
18.80.530 258 We would prefer to retain the definition since it is
such an essential part of the zoning and subdivision
procedural requirements.
18.80.560 259 The omission was an error; it has been included in all
subsequent editions. The files I sent to the Clerk still
include the section and do not show it stricken. Please
reinsert it.
18.80.670 This section was repeated twice.
Attachment C:Comments on Title 18(UDO)
Page 4 of 5
18.80.950 260 See also comment 238. The item is noted for future
correction.
18.80.1200 261 See comment 233.No,governing body is the term
used in statute.
18.80.1260 Two periods at the end of the sentence.
18.80.1310 262 The files I sent to the Clerk still include the section
and do not show it stricken. All subsequent
ordinances have included it. Please insert the text of
the definition as stated below:
"An establishment designed and equipped for the
conduct of sports, exercise activities and other
customary and usual recreational activities, including
tennis,racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exercise
rooms,running facilities, swimming pools,yoga,
sport dancing, and whirlpool and sauna facilities.
Permitted accessory uses shall include child care, sun
tanning booths,massage, health and nutrition
counseling services,retail sales of sporting goods and
restaurant services."
18.80.1840 263 See comment 257
18.80.2120 See comment above.Amend to:
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being
equalled or exceeded in any given year.A
1100 yea,.flood ti newly a-2 wanee r
A 100-
year flood is the same as a base flood.
18.80.2310 264 This is a bit of a left over from when there was a joint
city-county planning board. Although it seems overly
detailed since the planning board has a regulatory
role it feels prudent to retain the definition. Since
they are referenced so often it is helpful to shorten the
term. Please leave as is.
Attachment C: Comments on Title 18(UDO)
Page 5 of 5
��Z�►
City of Bozeman
City Attorneys Office Greg Sullivan, City Attorney
Tim Cooper,Staff Attorney
SusanL. Wordal,Staff Attorney
CO.moo` Kyla Murray,Staff Attorney
March 31,2011 Annie Rooney,Staff Attorney
VIA Email ONLY
Bill Carroll
Senior Code Attorney
Municipal Code Corporation
P.O. Box 2235
Tallahassee,FL 32316-2235
RE: City of Bozeman Responses to 2010 Final Proofs
Dear Bill:
Attachment A contains comments from the city of Bozeman regarding Municipal Code
Corporations December 2010 proof of the city of Bozeman's ordinances and municipal code. As
previously discussed, we ask you incorporate additional ordinances adopted since Ord. 1791.
Please include Ordinances 1795, 1796, and 1797.We realize there is an additional cost.
We responded to all footnotes we had not previously responded to. Also, we ask you please
provide an additional proof of Chapter 38 (Unified Development Ordinance) as soon as possible.
As you will see from the comments on the attachment the city has numerous editing and
formatting comments regarding this chapter and we feel an additional draft provided for our
review will ensure the final version is free of these issues.
If you need any assistance as you review our comments and add our most recently adopted
ordinances into the final proof please don't hesitate to call or email me at
gsullivan@bozeman.net.
Te�
ely,
ullivan
City Attorney
c: Chris Kukulski,City Manager
Stacy Ulmen,City Clerk
Publish to internal website
Street Address:121 North Rouse Phone:(406)582-2309
Mailing Address:P.O.Box 1230 Fax: (406)582-2302
Bozeman, Montana 59771-1230 TDD:(406)582-2301
Attachment A: City of Bozeman Comments on 12/31/2010 Final Proof
General Comments:
• Ordinances effective prior to and including Ordinance 1791 have been included in this
draft. Please include additional ordinances affecting the code effective through March 31,
2011. These ordinances include the following: Ordinances 1795, 1796, and 1797. Bill
Carroll has already received these ordinances under separate email.
• Please review the code again to ensure it is completely gender neutral.
• On October 27, 2010 City Attorney Greg Sullivan sent an email to Bill Carroll suggesting
a specific outline format for the entire code. Currently, there are inconsistent approaches
throughout the proof regarding section and subsection number/lettering. Per the city's
previous request please edit the entire code to reflect the following section/subsection
organization:
XX.XX.XXX
A.
1.
a.
(1).
(a).
(i).
• Please insert a table of contents at the beginning of each article.
• All references to"police chief'should be amended to"chief of police."
• Please change all spellings of the term"e-mail"to "email."Currently,the use is not
consistent throughout the proof.
• All charts and tables must be correct in final version. Please also make sure the table
numbering is changed to match with the new code format.
• Several city staff expressed concern that section numbers do not directly correspond to
divisions. Please explain whether MCC has found this to be an issue with other codes.
• As noted in the cover letter,the city requests that the first task MCC undertakes in review
of these comments is directed at Chapter 38; as such,we ask MCC please provide an
additional proof to Chapter 38 that incorporates the changes noted herein regarding
numbering of sections, tables, charts, etc.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 1 of 10
Specific Comments:
No comments on Part I(Charter).
Part I1 (Code of Ordinances)
Chapter 1 (General Provisions) (1.01)
• FN13: please do NOT include this section 1.01.190. Renumber.
• 1.01.100: I suggest keeping the word"ordinance"so the provision would now read"...
required by this Code or an ordinance,the..."
Chapter 2:
• FN22: please leave as original—do not delete the phrase"and recorded"as we are very
close to a rewrite of this entire article.
• FN23: leave as is—we'll get this with the rewrite to the entire article.
• Art. 1I,Div. 4: some of the edits shown in this version are current changes while others
appear to be carryover from previously adopted ordinances. Please:
o Show as underline all changes where"governing body"replaced with"city
commission:"same with the changes to the citations to the MCA.
o .470.2: definition of board added previously—do not underline.
o .470.4: definition of"direct advantage"was added previously—do not underline.
o .470.8.c: same comment—this subsection already included—do not underline.
o .480: underlined portion should not be shown as underlined.
o .490: underlined portion should not be shown as underlined.
• FN30: please change"from"personnel department"to"human resources department."
• 2.04.310: make this section gender neutral.
• Current code 2.32.020(placed in Art. 1I, Div. 3 at top of pg 105: please keep this
existing section and insert here.I recognize we previously requested its deletion but it
is necessary to keep.
• Departments:
o Please reorganize this Article so all nine of the city's departments are listed
alphabetically and include as reserved divisions those departments not currently
listed. As such the order will be:
■ Department of Finance;
■ Department of Fire;
■ Department Human Resources (RESERVED);
■ Department of Information Technology(RESERVED);
■ Department of Law;
■ Department of Parks and Recreation(RESERVED);
■ Department of Planning and Community Development(RESERVED);
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 2 of 10
■ Department of Police; and
■ Department of Public Services.
• Art. II, Div. 5 (fire and police): As indicated above,please separate these two
departments into their own divisions and move current 2.04.600 into the police division
and put 2.04.610 in the fire division.
o Table of contents will need to be redone.
• FN44: the term division refers to the outdated division of parks and recreation. Please
replace the word"division"with phrase"Department of Parks and Recreation."
• 2.05.890: 4'h line of opening paragraph: replace the phrase"in the office of the clerk of
the city commission"with "in the office of the city clerk."
• 2.05.890: The word"district" is misspelled in the edited text at line 2 of subsection 2.
• 2.05.1130.A: add the phrase"recognized neighborhood"before the word"association"in
the second line(end of first sentence).
• 2.05.1410.A: please replace""the historic preservation officer"with"a member of the
Department of Planning and Community Development."
• FN52: The reference here mirrors statutory code provision at 15-24-1603,MCA. Please
amend this phrase to mirror the statutory provision and as such it should read: "...which
meets the design criteria during the construction period,whieh is not to exceed 12
months.,and for up to five years following completion of said the construction..."
• FN54 and FN55: the citation for both these should be to 2.06.380.5.a(which should be
2.06.380.E.I under the proper outline for this section).
• 2.06.610: third line: change"clerk of commission"to"city clerk."
• FN58: The proper acronym should be MPERS: replace the O with an E.
• 2.06.1630: use the same outline form as other sections. Here,replace the numbering with
lettering for each defined term. This matches the current code (3.24.040).
• Table 2.06.1640- 1670: these tables must match the table in current chpt.3.24. See
general comment above regarding all tables.
• 2.06.1690.A.1: after"capital improvements program" insert"(CIP)"
• 2.06.1700.E: to avoid conflict with the City Charter,please replace the"finance director"
with"City Manager" so the first line would read: "At least once....,the cily manager
A a,.V,inis,...,.:.,e Se ,iees a;,.eete shall present...
Chapter 4:
• 4.03.030.B: amend this section to read: "Such application shall be filed with the
department of finance eler4 ef 4he eity eeimmissi and be presented by the-eler-k to the
commission at the next available its first Fegulaf meeting after-filing."
• 4.03.050: amend"protection of life and property fund"to"general fund."
• 4.04.050.B:please keep the language added by staff in the first round of edits but remove
"participating"before adults."
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 3 of 10
• 4.04.050.B.3: Do not include any of the staff's initially proposed amendments for this
insurance section. We are working on a standalone ordinance to address the insurance
requirements.
• FN69: please change to"chief of police."
• 4.04.050.C.1: delete the phrase"to the city manager's office."
Chapter 6: No comments.
Chapter 8:
• FN73: change to"chief of police."All references in 8.02.050 to "Director of Public
Safety"should be amended to"chief of police."
• 8.02.170: delete the word "under"in subsection 1.
• FN78: the reference should be to 8.02.050. As such,replace the citation to existing
section 6.04.050 with 8.02.050. Please do not add"this chapter."
• FN79: Right. Replace"in section 6.20.140"with "resolution of the commission."
• FN80: the original section cited to was titled "'cruelty to animals."The proper reference
here will be to Article III of this chapter. (8.03.010- .050).
• FN81: Yes,please change to department of planning and community development.
• FN82: reference should be to the following section 8.02.150 (Same-disposition of
unredeemed animals.)
• FN85: add"police"before the word department.
• FN86: No. It should be"30 days."
• FN87: police department.
• FN88:No. should be 30 days.
Chapter 10:
• FN92: Yes. The city's building code review services are organized as a division of the
fire department.
• FN93: We recognize the issues with these two sections. For purposes of finishing this
project please leave as is in the current draft except for correcting the form. An ordinance
amending this section to comply with the International Code Conference fee formula is
currently in the works. We'll include the revised section in the first supplement to the
code later this year.
• FN 114:please change to: ".... with the written consent of the deputy police chief and
deputy fire chief-operations."
• FN 115: please change to"deputy fire chief-operations."
• FN117: This theme exists throughout other articles within this chapter. Please consider a
consistent approach and provide a recommendation. If MCC suggests using divisions
for these types of code sections, for this article,please categorize the"permit"provisions
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 4 of 10
into two divisions: (i)general; and (ii)permit. The general division should include .010,
.020 and .110.The permit division should include.030 through .100.
• FN124: change"director of public safety"to"chief building official."
• FN128: Please make the change suggested.
• FN129: "Option 1"refers to 10.08.050.B.5.b(1). Please replace the term"Option 1"with
a direct cite to the code provision.
• 10.08.060: the table needs the data included with the final draft.
Chapter 12:
• Please include the appropriate fee schedule in 12.03.010.
Chapter 14:No comments.
Chapter 16:
• 16.02.050.A.2:replace the term"planning"with"subdivision."
• 16.03.010—050: change all references in this article to"director of public welfare"to
"director of planning and community development."
• FN 152: it appears so. Keep as in proof.
• 16.060.090.A: change"director of public safety"to"chief of police."The second
sentence needs to amend "director"to"chief of police."
• FN155 and FN156:change"director of public safety"to"chief of police."Also, there are
numerous other references in this article to"director"that need to be changed to "chief of
police."
• FN164: the missing word is "emphasizing."
Chapter 18: No comments.
Chapter 20:
• FN182: Yes. Change to"director of public services."
Chapter 22:
• No comments.
Chapter 24:
• 24.01.010.B: the amendment changes the word"title"to "section."Please change"title"
to"chapter"rather than"section."
• 24.07.170.D: amend this entire section as follows:
The city-owned property to which the prohibition in subsection B of this section applies
includes,but is not limited to:
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 5 of 10
1. City Hall Complex, 4 1 East Mail Street and 34 121 North Rouse Avenue, Bed
Montana;
2. Alfred Stiff Professional Building,20 East Olive Street;
3. Bozeman Public Library, 626 East Main Street 220 East T amme Street, Bozeman,
Mefi4a-na;
4. 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;
5. Swim Center, 1211 West Main Street, ;
6. Cemetery Building, 340 Golf Way, , including all lawns, parking
areas and sidewalks leading to the building, and cemetery grounds;
7. Landfill Building, 2143 Story Mill Road, Bozeman, Montana;
8. Lower yards, 1900 North Rouse Avenue, Bozeman, Montana, including all areas
inside the perimeter fence;
9. Water Treatment Plant, 7220 Sourdough Canyon Road, Bez^m^n, MepAm;
10. Wastewater Treatment Plant, 2245 Springhill Road, Beze„an, Montana, including,
but not limited to, all areas inside the perimeter fence;
11. All Rparks.; and
12. All city fire stations.
Chapter 26: No comments.
Chapter 28:
• FN221: yes—please cite to chapter 12.
Chapter 30:
• FN223: please cite to chapter 12.
Chapter 32: No comments.
Chapter 34:
• FN236: please leave as is.
• FN237: change to "chapter 34, article V."This appeal process refers only to the
downtown sidewalk encroachment permit program.
• FN242: Yes.
Chapter 36:
• 36.02.030.A: correct the typo: "by" should read "be."
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 6 of 10
• FN268:previously the city requested this code provision be deleted. Please disregard that
instruction and keep this provision(8.40.010 under the old structure)in place.
• FN278: Please edit as you propose.Doing so will require a change to 36.01.040: delete
the reference to Schedule I in the caption; delete subsection A; and in subsection B delete
the phrase"Schedule I—Boundaries of districts."
• FN281: adoption date is 5/27/1986.
• FN282:the semi-colon should be replace with a"/."Bridger Drive is also referred to as
`Bridger Canyon Road."
• FN286:No.please delete the phrase"or the operations division thereof.
Chapter 38:
• The most important comment regarding this chapter is the formatting. Additional editing
must be done to address outline structure,data missing from tables,names of tables, etc.
• In many sections there are unnecessary roman numerals inserted in front of the standard
Arabic numbers. This problem appears repeatedly throughout the chapter. The roman
numerals do not follow the city's preferred outline(see general comment, above).
• Editing of the outline needs to occur in the following sections (this list may not be
exhaustive) : 38.02.050;38.03.020; 38,03.040; 38.03,050; 38.03.060; 38.05.010;
38.05.020; 38.05.060; 38.05.070; 38.08.010; 38.09.010; 38.09.050; 38.09.060; 38.10.010;
38.11.010; 38.11.060; 38.12.030;38.13.020; 38.14.020; 38.15.040; 38.15.070; 38.15.080;
38.16.030; 38.16.050; 38.16.060; 38.17.030; 38.17.080; 38.19.010;38.19.030; 38.19.040;
38.19.080; 38.20.050; 38.21.040; 38.21.070; 38.21.120; 38.21.170; 38.21.220; 38.22.020;
38322.090; 38.22.100; 38.22110; 38.22.140; 38.22.170; 38.23.010; 38.23.030; 38.23.040;
38.23.050; 38.24.010; 38.24.030; 38.24.050; 38.24.060; 38.25.010; 38.25.020-100;
38.26.020—030; 38.26.05038.26.060; 38.26.070-080; 38.26.100; 38.26.110; and
38.33.100.
• Various sections: the phrase"permitted use"is outdated; the planners now use the phrase
"authorized use."As such,please amend the following sections:
0 38.10.020.A: in the third line please replace the word"permitted"with
"authorized."
0 38.11.020:A: same comment- in the third line please replace the word
"permitted"with"authorized."
0 38.15.070.2[cdlxxii]:please replace the word"permitted"with"authorized."
0 38.20.030.A: in the fourth line please replace the word"permitted"with
"authorized."
0 38.21.110.A: in the third line please replace the word"permitted" with
"authorized."
• 38.06.020: subsection numbering needs to match preferred outline.
• 38.06.030: fix text orientation within text box.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,201I
Page 7 of 10
• 38.07.010: fix the text box to insert the names of all zoning districts
• 38.07.010.B: delete the acronym"HMU."
• FN297: change"may"to "is."
• 38.08.020: The table of allowed uses needs to be corrected. Also,the table numbering is
incorrect and appears that commercial numbering has been used in residential zoning
districts. Please correct in final draft.
• FN298: Please amend subsection C to read: "The total floor area of the twk dwelling
built on a lot which was subject to the provisions of Ordinance 1604(Ex. A) (Code 1982,
418.42,180)section 1 Q 42 180,298 Pr-e .isie.. ..o..est fietea siEe lets .,..a units (excluding
area used for a garage) shall not exceed a floor area ratio of 1:3.3. For example, if the lot
is 5,000 square feet the square footage of the house cannot exceed 1,515,or a ratio of one
square foot of floor area for each 3.3 square feet of lot area."
• 38.08.040: the table is missing information and needs to be renumbered.
• Chpt. 38,Article IX: the city recently adopted a new zoning classification: Residential
Emphasis Mixed Use. The ordinance will not be included in the codification process but
structurally these new code provisions should be included between the Residential zoning
districts(Art. VIII)and the Commercial zoning districts (Art. IX). As such,please
reserve Art. IX for"Residential Emphasis Mixed Use"and renumber all subsequent
articles accordingly.
• 38.10.020: table number needs to be edited.
• 38.18.040.B: Please edit to read: "Sec. 38.18.040.Review authority. A. The city
commission, board of adjustment and planning director have the review authority
established in section 18.64.010, D""r38.33.010 and this chapter."
• 38.20.010& .020: please leave the section captions as they were: do not accept the edit as
currently shown.
• 38.20.050.G: table is missing data.
• FN310: Yes.
• FN311: The correct number is three(3).
• 38.22.150.C: This section has been largely deleted by Section 2 of Ordinance 1796
effective in February,2011. Please include the new language.
• 38.22.150: multiple tables are missing and data not formatted properly.
• FN313: Yes.
• FN314: Yes.
• FN315: Please change the citation to 38.37.030.
• FN316: Yes.
• FN317: Yes.
• 38.24.020: table is missing data and the section numbering needs editing.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 8 of 10
• 38.24.040: Subsection numbering is erroneous,indents are mixed up,multiple tables are
missing data and formatting needs correction; some tables are not accurately titled.
• 38.27: same issue on formatting throughout the article.
• 38.27.060.1:replace the acronym HMU with the acronym NEHMU.
• 38.28: same issue on formatting throughout the article.
• 38,29: same issue on formatting throughout the article.
• FN320: Please edit this section to read: "That all reasonable effort has been made to limit
indirect impacts to vegetation,faunal interspersion and connectivity,and hydrological
connectivity in the site design(e.g., any structures,boardwalks, viewing platforms, or
bridges, which are constructed within wetlands will have at least a two-foot space
between the bottom chord of the structured and the wetland surface elevation to limit
shading impacts 320 and allow wetland vegetation to persist).
• 38.30: same issue on formatting throughout the article.
• 38.30.210—240:replace"same"with Floodway.
• 38.30.260—270: replace"same"with Floodplain.
• 38.31: same issue on formatting throughout the article.
• 38.31.010.A: please amend this section to read: "Any use lawfully existing upon the
effective date of the ordinance eed from which this chapter or any predecessor
title or code title is derived may be continued at the size and in the manner of operation
existing upon such date except as hereinafter specified, or in the case of signage as
specified in article XXVII of this chapter."
• 39.32: same issue on formatting throughout the article.
• 38.33: same issue on formatting throughout the article.
• 38.33.160: Please switch the order of subsections G and H so that the text in G becomes
H and vice versa.
• 38.34: same issue on formatting throughout the article.
• 38.35—38.40: same issue on formatting throughout the article.
• FN323: Please change the citation to 38.37.030.
• FN324: Please change the citation to 38.37.030.H.
FN325: The internal citation is correct.
• 38.40.030.12: the citation to Title 17, Chpt.2,BMC should be changed to the new code
structure. The correct citation is Chpt. 10,Art. VIII(Workforce Housing).
• 38.40.040 [sub (mmcdlx) 101: change reference from 38.40.07 to 38.40.060. This was a
cross reference error in the original ordinance.
• 38.40.060:both edits in the first sentence should be removed. Please do keep the word
"following"and do not include the phrase"in subsection B of this section."
• FN327: Please change the citation to 38.37.030.
• 38.41: same issue on formatting throughout the article.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 9 of 10
• FN331: Please amend "department" in the caption to "division."
Chapter 40:
• Delete 02.810 with the exception of leaving the 2°a sentence(referring to location of the
meter).
• 40.02.1110.4.b: the citation to"six feet"shall be"six and half feet."
• 40.02.1110.4.c and(e): delete the entire subsections as the use of lead pipe is obsolete.
• 40.02.1110.4.d: delete the phrase"either of lead or iron."
• 40.02.1110.4.f please replace the term"waterworks committee"with"city engineer"and
delete the phrase"or its authorized agent."
• 40.02.1110.6: Please have the first line read as follows:""'t-eeels Curb stop and boxes.
Role-8.There shall be a curb stop and meek curb box attached to...
• FN357: replace the word"commission"with"manager."
Chapter 42:No comments.
Comparative Table:
• Need to make sure the comparison table(or a different one) can indicate not only the
changes from the 1982 code but also the changes from the existing municipal code to the
new organization or provide an additional document that provides the cross references.
Attachment A: City of Bozeman Comments on MCC Final Proof
March 31,2011
Page 10 of 10
9x City of Bozeman
City Attorney's Office Greg Sullivan,City Attorney
71m Cooper,StaffAttorney
Susan L. Wordal,Staff Attorney
t�r�k coo' Kyla Murray,Staff Attorney
June 23,2011 Annie Rooney,Staff Attorney
VIA Email ONLY
Bill Carroll
Senior Code Attorney
Municipal Code Corporation
P.O.Box 2235
Tallahassee, FL 32316-2235
RE: City of Bozeman Responses to 2010 Final Proofs
Dear Bill:
Attachment A contains comments from the city of Bozeman regarding Municipal Code
Corporations latest proof of the city of Bozeman's ordinances and municipal code (April 28,
2011). As with all previous comments, we responded to all new footnotes. In addition, we made
other substantive comments the majority of which are related to current edits in Chapter 38.
Please provide one last proof showing these edits. I will make a quick review of this final proof
only for compliance with this current round of comments — we will not propose any new
changes! Upon this review I will present the final proof to the City Commission for a work
session. Upon completion of that work session I will request an electronic version in chapter
form and the codifying ordinance. Upon adoption of the codifying ordinance I will ask for the
copies of the final code to be printed and shipped. .
If you need any assistance as you review our comments please don't hesitate to call or email me
at gsullivan@bozeman.net.
Zerel ,MAN CITY TTORNEY
Greg Sullivan, City Attorney
c: Chris Kukulski,City Manager
Stacy Uhnen,City Clerk
Publish to internal website
Street Address: 121 North Rouse Phone:(406)582-2309
Mailing A ddress:P.O.Box 1230 Fax:(406)582-2302
Bozeman, Montana 59771-1230 TDD: (406)582-2301
Attachment A
City of Bozeman Comments on 4/28/11 Codification Draft
June 24, 2011
General Comments:
• All articles: Please change the use of roman numerals to identify the articles to Arabic
numbers.We've discussed this several times and feel that for the end user, including
those reviewing our code online using screen readers,the use of roman numerals may
create unnecessary confusion. Sorry about this request but we think it will help. To do so,
please replace ALL Roman numeral references in both the headers of articles and also in
cross references to articles within sections with the corresponding Arabic number.
• As stated previously the City would like to make sure graphics associated with chapter 38
are included in the printed version. Please let us know at what point we need to deliver
those to you. We assume the earlier the better.
Charter:
• FN1:good catch. Please do not chance any language in the charter.
Chapter 2:
• .03.550.A.1:please replace the phrase "personnel director"with"human resources
director."
• 2.06.1700.I: We would like to address the awkward structure of this section caused by
the second paragraph standing alone from the listing above it(1, 2, and 3). Please include
an incrementor for the first paragraph as subsection I.1 ("Any determination made...")
then take the current list and turn it to (a), (b), and (c)and then take the paragraph that
begins with"the development impact fees" and turn that into subsection I.2.
• FN31 and FN32: ok.
• FN55: Please leave the edits as shown. This provision is adopted straight from state
statute.
Chapter 4:
• 4.04.050.B.3: the edits show in the current proof reflect deletions of previously proposed
changes. Our comment from March 31 a requested to not include staffs originally
proposed amendments. Please revert back to the original text by NOT showing the
proposed staff additions now as strikeouts. See the 2009 codification draft for this
chapter.
• FN73: please chance "director of public safety"to "director of parks and recreation."
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 2 of 6
Chapter 8:
• FN89:please change to "chief of police."
Chapter 10:
• FN115: Your proposed edit is correct.
• FN122:please delete the references to "or designee"in 10.03.120.A.2 and 3.For the
footnote please replace the reference to the"director of public safety"in 10.03.120.A.5 to
"chief building official."
Chapter 12:
• FN141:PIease italicize the city's answer to this fh.
Chapter 14:
• FN148: Please change to "director of parks and recreation."
Chapter 16:
• Article VIII: the intent of references to "this title"throughout the article were to ensure
medical marijuana businesses comply with all provisions of the entire Bozeman
Municipal Code. Specifically,they must comply with the business licensing provision in
chapter 12 and the provision of chapter 38. Please change the amendments (flA&4i#1e
chapter 12)to "this title code"
Chapter 18:
• FN183:please italicize the city's response to this fn.
Chapter 24:
• FNs 209, 210, 211, 222: ok as edited.
Chapter 34:
• FN239:please leave as fire marshal.
• FN247:please change"his"to "the holder's."
Chapter 36:
• FN279: the former code section 10.08.210 is a DUI provision that was repealed by Sect.
2 Ord. 1616 in 2004.
• FN283: edit is ok.
• FN298: ok.
Chapter 38:
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 3 of 6
• Please rename the chapter"Unified Development Code "and also change all references to
"Unified Development Ordinance"within this chapter to "Unified Development Code."
E.g., 38.01.010: change "Ordinance"to "Code."We did not find any other references to
this phrase in the chapter but please double check for us.
• 38.17.020.: Please amend the third sentence to read: "It is the intent and purpose of this
ehapteF article to ensure that the quality of development along these corridors will
enhance the impression and enjoyment of the community both by guiding development
and change
this ^''^ jog*:ae is .derived, and by stimulating and assisting, in conjunction with other
provisions of this chapter title, improvements..."
• The citations in 38.03.040.A.4.a(6)need to be corrected:
0 040.A.4.a(6):please add "A"before the"4"in the citation so it reads
"38.03.040.A.4"
o Same for subsection (6)(a).
o Same for subsection (6)(d).
o For 040.A.4.a(7)please correct the citation in the fourth line to"38.41.050.A.9."
• 38.04.020.C.2:please change the references from article 40 to article 41 in both cross
references.
• 38.06.030: The formatting of the certificate needs to be changed to match the others, e.g.
get the extra lines removed.
• 38.08.020: Three items: 1)narrow the columns for the districts so there is more room for
the uses and the table fits better,2) either widen the dashes or use double dashes so they
are actually visible, 3) change the header so it repeats at the top of the table on each page
and doesn't use a double height cell for the uses title.
• 38.08.050.D: The articles in the edited cross references have not been adjusted upward
for the addition of the reserved Article 9 (reserved) and need to all go one number.For
example,the reference to 38.20.060 should be 38.21.060.
• Table 38.10.020: The titling is inconsistent with how it is done for other articles and
tables. Use the residential uses table 38.08.020 as the format model for the titling.
• 38.12.040.C: This paragraph should be deleted entirely. Modular lots were entirely
removed with ordinance 1761, Section 8,Exhibit H. This paragraph is a hold over and
has no meaning anymore. This paragraph should be deleted entirely. Modular lots were
entirely removed with ordinance 1761, Section 8, Exhibit H.This paragraph is a hold
over and has no meaning anymore.
• 38.12.050: Add paragraph B to the edited citations in A.1.0 and B.3. For example,the
reference to 38.21.060 in A.Lc should read"38.21.060.B."Same with the reference in
13.3.
• 38.14.020.A.2: This paragraph should be restructured: the first sentence should be
labeled "a"and the second sentence should be labeled"b"to match the format of A.1.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 4 of 6
• 38.14.030.D: As with 38.12.040.C,this paragraph should be deleted entirely. Modular
lots were entirely removed with ordinance 1761, Section 8,Exhibit H. This paragraph is a
hold over and has no meaning anymore.
• 38.15.010: Spelling error,"Therefore,the historic mixed use..."
• 38.17.050.A:Amend the first sentence to read:"A certificate of appropriateness;received
from the reviewing authority after
recommendation..."
• 38.17.060.A.2: The outline structure of the two subsections under subsection 2 are not correct
—the incrementors should be"a"and"b."
0 38.20.070.D.La:The letter"A"is missing from the citation.Please insert"A"immediately
following the section numbers for both references. The references should read: 38.41.120.A.2
and 3.
• 3 8.20.090.E.2.a(6): remove the question mark at the end of the sentence.
• 38.21.030.D.1.a(7): The capitalization doesn't match how it is done elsewhere in the text,the
word"state"should be inserted before"department of environmental quality."
• 38.22.070.A: Please do not include the underline text.
• 38.22.090.C:The roman numeral reference XXXV should be changed to a correct Arabic
numeral reference of 25 (that's twenty five not 35).
• 38.23.070.A.1: Edited reference is missing a decimal between the letter and number: insert a
decimal between 030 and D.
• 3 8.23.1 OO.A.La(3): The edited citation is incorrect, it should be 38.42.2200.
• 38.23.100.A.2c(5): The edited citation is incorrect,it should be 38.42.2200.
• Table 38.23.140:The headers of each column are not correct. Please reformat so the
language at the top of the first column reads is"square feet of aggregate gross floor area
devoted to such use"and the right hand column is headed with the language "number of
berths."
• 38.23.150.C:The amendment shown here does not comport with Ordinance 1796. This
ordinance was provided after the 12/31/11 proofs and is to be included in this draft.To
implement the changes to this section required by Ord 1796 please leave the introductory
language as shown in that ordinance:"Street lighting consists of street lighting and
pathway intersection lighting and shall comply with the City of Bozeman Design
Standards and Specification Policy."
• 3 8.24.01 O.A:Please change the text in the first line to read"...accordance with as the adopted
growth ..."
38.28.050.A.1: Please incorporate the changes from Sect. 4 of Ord 1796.
• 38.28.060.B.4: Please incorporate the changes from Sect. 5 of Ord 1796.
• 3 8.24.090.B.1:Please take the language that is current B.1 ("For purposes of this code...")
and remove the incrementor so it becomes introductory language to the section;the result is
that current B.La becomes B.1 and current B.Lb becomes B.2.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 5 of 6
• 38.24.110: Please incorporate the changes from Sect. 6 of Ord 1796.Do not alter the
reference to the Bozeman Area Bicycle Advisory Board in the third line of paragraph E—the
BABB is a proper noun and we need to reference all includes all five words.
• 38.25.020:the cross reference in footnote 6 is not correct—it should be 38.25.040.A.4.a.
• 38.25.040.A.5.a: Insert"in the"before"city's long range."
0 Table 38.26.060-1:The reference in the header of the center column is wrong. It should be
38.42.1770.
• 38.27.110.A: Please incorporate the changes from Sect. 6 of Ord 1796. The section is now
called"transportation pathways."
• 38.28.030:Please incorporate the changes from Sect. 1 of Ord 1780.
0 38.28.040.A.I: Insert the subsection A in the reference to 38.28.060 so the cross reference
reads 38.28.060.A.1.
38.28.060.A.1.c: Please incorporate the changes from Sect.2 of Ord 1780.
• 38.28.060.A.2.c: Please incorporate the changes from Ord 1780.
• 38.29.030.B.4:The reference to XV should be replaced with"16" and the reference to article
XVII should be edited to reflect the Arabic numeral.
• 38.31.020.A: Delete the last word in the paragraph:"intended."
• 38.31.080: Please amend to refer to the department of natural resources and conservation,not
the beafd:
• 38.31.130(entire section):Please include the changes from Ordinance 1769,section 11.
• 38.31.260:the proper caption for this section is"Floodway Fringe—Uses Requiring
Permits."
• 38.31.260.A.3: Please include the changes from Ordinance 1769,section 12 (the amendment
in that section of Ordinance 1769 to subsection C should be included in this subsection.
• 38.32.020.A.1: Change edited reference in the fifth line of the section to 38.32.020.A.2.
• 38.33.010.A.3.b: Change edited reference in the third line of the section to 38.19.040.C.
a 38.34.030:The heading of the section should read"Enforcement;Planning Director."
• 38.37.020: Changed edited reference to 38,01.040,C.
• 38.39.050.B: Change edited reference to 38.39.060.
• 38.39.090.0(FN338): Change the second edited reference to 38.38.030.A.8.
• 38.41.120.A.2.c(5): Change the first edited reference to 38.41.080.A.2.i.
• 38.42.2020: Please correct the layout of the formula.
• 38.42.2690:This section is missing the edits from Ordinance 1780, Section 4
Chapter 40:
• 40.02.160:please delete the entire section.
• FN372: Please delete the entire last sentence.
City of Bozeman Comments on 4/28/11 Codification Draft
June 24,2011
Page 6 of 6