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HomeMy WebLinkAboutFinal Adoption of Ordinance No. 1819, reinstating Park provisions in Bozeman Municipal Code as emergency measure Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Dingman, Park and Recreation Director Greg Sullivan, City Attorney Chuck Winn, Assistant City Manager SUBJECT: Ordinance 1819 reinstating three sections of the Bozeman Municipal Code as an emergency measure. MEETING DATE: November 7, 2011. AGENDA ITEM TYPE: Action (2/3 vote of the Commission required). RECOMMENDATION: Adopt Ordinance 1819 as an emergency measure as authorized pursuant to Sect. 7-5-4204, MCA. BACKGROUND: On October 3, 2011 the City Commission adopted Ordinance 1816, a new code for the City of Bozeman, to be effective November 3, 2011. This ordinance inadvertently left out various provisions of the Bozeman Municipal Code related to the regulations of parks including provisions related to hours of operation (formerly codified at 12.26.060), traffic control (formerly codified at 12.26.070), and the authority of the Bozeman City Commission related to park development (formerly codified at 12.26.080). The new sections are proposed to be codified in Chpt. 26, Art. 2, BMC, along with all other provisions related to parks regulations. These provisions were adopted into the Bozeman Municipal Code over 22 years ago and have throughout that time proven to be effective at protecting the public health, safety, and general welfare of the residents of the city of Bozeman and ensuring the preservation of critical park infrastructure. Reinstatement of these provisions through a normal ordinance process would take approximately seven additional weeks beyond the effective date of Ordinance 1816. Because staff believes these provisions are vital to the preservation of the peace, health, and safety of the community, we are recommending that the commission adopt an emergency ordinance as authorized under Sect. 7-5-4204, MCA. 117 UNRESOLVED ISSUES: None. ALTERNATIVES: Adopt ordinance 1819 through the normal process. This would take approximately six weeks and there would be no enforceable codes for park hours or traffic control in parks during that period. If the Commission decides to follow the normal ordinance process, the Commission may give preliminary adoption to this Ordinance on November 7th. Final read would occur on November 21st with the effective date being December 21, 2011. FISCAL EFFECTS: No fiscal effects. Attachments: Ordinance 1819 Report compiled on: 10/27/11 118 Ordinance 1819 Page 1 of 4 ORDINANCE NO. 1819 AN EMERGENCY ORDINANCE OF THE BOZEMAN CITY COMMISSION REINSTATING THREE SECTIONS OF THE BOZEMAN MUNICIPAL CODE INADVERTENTLY OMMITTED WITH THE ADOPTION OF ORDINANCE 1816 (CODIFICATION) PERTAINING TO HOURS OF OPERATIONS OF PARKS, TRAFFIC CONTROL IN PARKS, AND THE AUTHORITY OF THE CITY COMMISSION RELATED TO PARK DEVELOPMENT, AND PROVIDING A CODIFICATION INSTRUCTION AND AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Ordinance 1278 (1989) adopted various provisions of the Bozeman Municipal Code related to the regulations of parks including provisions related to hours of operation (formerly codified at 12.26.060), traffic control (formerly codified at 12.26.070), and the authority of the Bozeman City Commission related to park development (formerly codified at 12.26.080); and WHEREAS, Ordinance 1816 (2011) adopted a new code for the City of Bozeman to be effective November 3, 2011 which inadvertently left out these former provisions; and WHEREAS, these provisions were adopted into the Bozeman Municipal Code over 22 years ago and have throughout that time proven to be effective at protecting the public health, safety, and general welfare of the residents of the city of Bozeman and ensuring the preservation of critical park infrastructure; and WHEREAS, reinstatement of the above described provisions through a normal ordinance process would take approximately seven additional weeks beyond the effective date of Ordinance 1816; and WHEREAS, Sect. 7-5-4204, MCA, authorizes the City Commission, upon a two-thirds vote of all members, to adopt emergency measures; and WHEREAS, the Bozeman City Commission determines reinstatement to the Bozeman Municipal Code of the sections described above without additional delay is immediately necessary for the preservation of the peace, health, and safety. 119 Ordinance 1819 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That a new section of the Bozeman Municipal Code is hereby added to Chapter 26.02 and shall read as follows: “Hours of Operation of Parks. A. Hours. All Parks shall be open to the public every day of the year subject to the exceptions established herein. B. General Closure. Any section or part of any Park may be closed to the public by the Director. Notice of closing shall be posted in a conspicuous manner. C. Night Closure. No person without written permission of the Director shall be physically present within the boundaries of any Park between the hours of eleven p.m. and five a.m. except in designated camping areas.” Section 2 That a new section of the Bozeman Municipal Code is hereby added to Chapter 26.02 and shall read as follows: “Traffic Control. A. No person shall drive any vehicle through the Park or upon Park roads at a rate of speed exceeding fifteen miles per hour or at such speeds as may be established by the Director. B. Vehicles shall not be driven or parked off designated roads and parking areas without the written permission of the Director. C. All persons shall obey the traffic laws of the state and the City.” Section 3 That a new section of the Bozeman Municipal Code is hereby added to Chapter 26.02 and shall read as follows: “City Commission – Park Development. The City Commission shall authorize any conceptual changes, new development, or redevelopment aspects of changes in all city Parks proposed by the staff. New buildings, renovations, or conceptual changes will be presented to the City Commission before construction or implementation.” 120 Ordinance 1819 Page 3 of 4 Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification Instruction. Section 1 of this Ordinance shall be codified as Sections 26.02.150, Section 2 of this Ordinance shall be codified as Section 26.02.160, and Section 3 of this Ordinance shall be codified as Section 26.02.170. All existing provisions with these same section numbers shall remain in effect and shall be consecutively renumbered beginning with 26.02.180 as appropriate in Chapter 26, Article 2 of the Bozeman Municipal Code. Section 8 Effective Date. This ordinance shall be in full force and effect immediately upon passage. 121 Ordinance 1819 Page 4 of 4 PASSED by the City Commission of the City of Bozeman, Montana by a vote of __ to __ on the 7th day of November, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM __________________________________________ GREG SULLIVAN City Attorney 122 a ORDINANCE NO 1816 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF BOZEAN MONTANA PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN PROVIDING A PENALTY FOR THE VIOLATION THEREOF PROVIDING FOR THE MANNER OF AMENDING SUCH CODE AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 The complete system ofthe City of Bozeman s positive law carefully arranged and officially promulgated attached to this Ordinance as Attachment A entitled Bozeman Municipal Code hereinafter referred to as the Code to be published by Municipal Code Corporation in 2011 and consisting of chapters 1 through 42 each inclusive is hereby adopted All footnotes comments and edits on the Code as shown in Attachment A shall be removed after final adoption ofthis Ordinance and prior to publication Section 2 All ordinances of a general and permanent nature enacted on or before May 9 2011 except Ordinance 1802 adopting Residential Emphasis Mixed Use zoning and not included in the attached Code or recognized and continued in force by reference therein are repealed Ordinance 1816 Page 1 of 3 123 Section 3 The repeal provided for in section 2 hereofshall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance Section 4 Unless another penalty is expressly provided every person convicted of a violation of any provision of the Code or any ordinance rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding 500 00 or by imprisonment for a period not exceeding six months or by both such fine and imprisonment Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense The penalty provided by this section unless another penalty is expressly provided shall apply to the amendment ofany Code section whether or not such penalty is reenacted in the amendatory ordinance In addition to the penalty prescribed above the City may pursue other remedies such as abatement of nuisances injunctive relief and revocation of licenses or permits Section 5 Additions or amendments to the Code when passed in such form as to indicate the intention of the City Commission to make the same a part ofthe Code shall be deemed to be incorporated in the Code so that reference to the Code includes the additions and amendments Section 6 Ordinances adopted after May 9 2011 including Ordinance 1802 adopting Residential Emphasis Mixed Use zoning that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code Section 7 This ordinance shall become effective thirty 30 days after final adoption Ordinance 1816 Page of3 124 PROVISIONALLY ADOPTED by the City Commission ofthe City of Bozeman Montana on second reading at a regular session thereof held on the 19th day of September 2011 JE K KRAUSS ay A 1 y S C y 1 0 FINALLY PASSED ADOPTED AND APPROVED by the City Commission of the City ofBozeman Montana on second reading at a regular session thereofheld on the 3 d day of October 2011 JEFF Y SS Mayoa ATTEST k STA City orl 9 1 c 3 5 APPROVED A5 TO FORMb tF SULLIVAN orney Ordinance 1816 Page 3 of 3 125