HomeMy WebLinkAboutOrdinance 11- 1819 reinstating three park sections in Municipal Code CO.
ORDINANCE NO. 1819
AN EMERGENCY ORDINANCE OF THE BOZEAN 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.
Ordinance 1819
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana:
Section I
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 Coders 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."
Ordinance 1819
Page 2 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.
Ordinance 1819
Page 3 0A
PASSED by the City Commission of the City of Bozeman, Montana by a vote of to on the
7th day of November, 2011.
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APPROVE FORM
as]ULLIVAN
City Attorney
Ordinance 1814
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