HomeMy WebLinkAboutFinal Adoption Ordinance 1851, replacing Public Service with Public Works1 of 3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Final Adoption of Ordinance No. 1851, amending the Municipal Code by replacing the Department of Public Service with Department of Public Works and replacing references to the
Director of Public Service with Director of Public Works.
MEETING DATE: January 28, 2013 AGENDA ITEM TYPE: Consent
RECOMMENDED MOTION: I move to finally adopt Ordinance No. 1851, amending the Municipal Code by replacing the Department of Public Service with Department of Public Works and replacing references to the Director of Public Service with Director of Public Works.
BACKGROUND: In an effort to better reflect the nature of the divisions within this
department and to match the title with the industry standard, the decision was made to change the
title of this department from Public Service to Public Works. The director’s title was also revised. The City Commission provisionally adopted this Ordinance on January 7, 2013.
The following sections of the Bozeman Municipal Code will be affected by these changes and
need to be revised by Municode Corp. Please note that they may find additional areas that need
revision as they follow codification instructions.
PART II, CHAPTER 2, ARTICLE 4, DIVISION 1. - GENERALLY
Sec. 2.04.010. - Administrative departments established.
PART II, CHAPTER 2, ARTICLE 4, DIVISION 10. - DEPARTMENT OF PUBLIC SERVICES
Sec. 2.04.1350. - Director designated; powers and duties.
Sec. 2.04.1360. - Sewer connection requirements; director powers and duties.
Sec. 2.04.1370. - Engineer and other department personnel.
PART II, CHAPTER 2, ARTICLE 6, DIVISION 9. - IMPACT FEES [25]
Sec. 2.06.1630. - Definitions.
PART II, CHAPTER 16, ARTICLE 6. - NOISE [37]
Sec. 16.06.070. - Exceptions.
PART II, CHAPTER 32, ARTICLE 2. - COLLECTION AND DISPOSAL
Sec. 32.02.010. - Definitions.
136
2 of 3
Sec. 32.02.020. - City collection of solid waste.
Sec. 32.02.030. - Collection and disposal by city; exemptions; article provisions not exclusive.
Sec. 32.02.050. - Administration; rules and regulations.
Sec. 32.02.060. - Costs of collection and disposal; collection and payment; solid waste fund.
Sec. 32.02.100. - Infectious waste.
Sec. 32.02.110. - Violation; penalty.
PART II, CHAPTER 34, ARTICLE 2. - STREET MAINTENANCE
Sec. 34.02.010. - Street names to be as shown on official map.
Sec. 34.02.020. - Streets and public places to be kept clear of obstructions and debris.
Sec. 34.02.030. - Work in streets; permit required; interfering with authorized work prohibited.
Sec. 34.02.040. - Obstructing or encumbering streets; permit required.
Sec. 34.02.050. - Structures in streets; permit required.
Sec. 34.02.070. - Removal of litter or obstructions; notice; work performed by city when; costs.
Sec. 34.02.080. - Removal of obstructions; time limit; interfering when work performed by city prohibited.
PART II, CHAPTER 34, ARTICLE 4. - SIDEWALK AND CURB CONSTRUCTION
Sec. 34.04.020. - Repair of sidewalks by abutting owners; failure to repair.
PART II, CHAPTER 34, ARTICLE 5. - DOWNTOWN SIDEWALK ENCROACHMENT PERMIT
PROGRAM
Sec. 34.05.020. - Definitions.
Sec. 34.05.100. - Uses permitted under this article.
Sec. 34.05.110. - Notification of name or address change.
Sec. 34.05.130. - Special event or temporary permits.
Sec. 34.05.150. - Suspension and revocation of permits for non-substantial encroachments.
Sec. 34.05.160. - Suspension or revocation of exclusive uses of public right-of-way.
PART II, CHAPTER 34, ARTICLE 8. - PARADES AND PUBLIC ASSEMBLIES
Sec. 34.08.200. - Notice to city and other officials.
PART II, CHAPTER 34, ARTICLE 6. - SNOW REMOVAL FROM SIDEWALKS
Sec. 34.06.010. - Definitions.
Sec. 34.06.020. - Snow and ice to be removed from sidewalks.
Sec. 34.06.050. - Appeals.
PART II, CHAPTER 36, ARTICLE 1. - IN GENERAL
Sec. 36.01.020. - Definitions.
Sec. 36.01.060. - Emergency and experimental regulations authorized when.
PART II, CHAPTER 36, ARTICLE 2. - ENFORCEMENT
Sec. 36.02.030. - Violation of chapter; penalty.
137
3 of 3
PART II, CHAPTER 36, ARTICLE 3, DIVISION 1. - GENERALLY
Sec. 36.03.020. - Horns and warning devices required.
Sec. 36.03.050. - Size and weight of vehicles, trailers, loads and tires; state regulations applicable.
PART II, CHAPTER 36, ARTICLE 2, DIVISION 2. - TURNING MOVEMENTS
Sec. 36.03.490. - Turning markers; placement authorized; driver obedience required.
Sec. 36.03.500. - Restricted right, left or U-turns; signs authorized.
PART II, CHAPTER 36, ARTICLE 4, DIVISION 1. - GENERALLY
Sec. 36.04.030. - Locations where prohibited.
Sec. 36.04.040. - Prohibited near hazardous or congested areas.
Sec. 36.04.060. - Standing or parking—One-way streets.
Sec. 36.04.070. - Same—One-way roadways.
Sec. 36.04.080. - Additional or temporary parking regulations.
Sec. 36.04.090. - Parking signs required.
Sec. 36.04.100. - Angle parking.
Sec. 36.04.130. - Private parking signs prohibited without permit.
Sec. 36.04.150. - Narrow street parking restrictions.
Sec. 36.04.170. - Parking restrictions near schools.
Sec. 36.04.190. - Special needs bus loading/unloading zones; establishment; parking restrictions.
Sec. 36.04.200. - Tow-away zones; establishment; parking restrictions.
Sec. 36.04.240. - Large vehicles; parking restrictions.
Sec. 36.04.250. - Parking limitations on certain streets.
Sec. 36.04.260. - Maximum parking time designated.
Sec. 36.04.280. - Loading zones.
Sec. 36.04.290. - Loading and unloading; backing into curb permitted when.
Sec. 36.04.310. - Bus stops and taxi stands.
Sec. 36.04.360. - Montana State University Residential On-Street Parking Permit Regulation Program.
Sec. 36.04.365. - Bozeman Senior High School Residential On-Street Parking Permit Regulation Program.
Sec. 36.04.380. - Enforcement; penalty for violations; designated as municipal infractions.
PART II, CHAPTER 36, ARTICLE 5. - TRAFFIC CONTROL DEVICES
Sec. 36.05.010. - Installation; director of public services authority.
Sec. 36.05.070. - Traffic lanes, crosswalks, and safety zones; when designation authorized.
PART II, CHAPTER 36, ARTICLE 6. - ONE-WAY STREETS AND ALLEYS
Sec. 36.06.010. - Designation; sign placement; traffic movement restricted.
PART II, CHAPTER 36, ARTICLE 7. - SPEED LIMITS
Sec. 36.07.010. - General rule.
138
4 of 3
PART II, CHAPTER 36, ARTICLE 8. - STOP INTERSECTIONS
Sec. 36.08.010. - Determination and designation.
Sec. 36.08.020. - Intersections with arterial and through streets.
PART II, CHAPTER 36, ARTICLE 9. - TRUCK TRAFFIC
Sec. 36.09.050. - Routes established.
PART II, CHAPTER 38, ARTICLE 3. - REVIEW PROCEDURES FOR SUBDIVISIONS [55]
Sec. 38.03.050. - Notice of certification that water and waste services will be provided by local government.
Sec. 38.03.060. - Final plat application.
PART II, CHAPTER 38, ARTICLE 4. - LAND SUBDIVISIONS CREATED BY RENT OR LEASE
Sec. 38.04.040. - Filing of final plan.
PART II, CHAPTER 38, ARTICLE 6. - SUBDIVISION CERTIFICATES [57]
Sec. 38.06.040. - Park land.
Sec. 38.06.060. - Improvements.
Sec. 38.06.070. - Governing body.
Sec. 38.06.080. - Exclusion from MDEQ review.
PART II, CHAPTER 38, ARTICLE 23. - DEVELOPMENT STANDARDS
Sec. 38.23.180. - Water rights.
PART II, CHAPTER 38, ARTICLE 34. - ADMINISTRATION, FEES AND PENALTIES
Sec. 38.34.010. - Review authority.
PART II, CHAPTER 38, ARTICLE 41. - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.41.070. - Final plat.
PART II, CHAPTER 38, ARTICLE 42. - DEFINITIONS
Sec. 38.42.980. - Engineering division.
PART II, CHAPTER 40, ARTICLE 2, DIVISION 2. - PROTECTION OF WATER SUPPLY
Sec. 40.02.150. - Interfering with or polluting water supply prohibited. PART II, CHAPTER 40, ARTICLE 2, DIVISION 3, Subdivision I. - In General
Sec. 40.02.350. - Waiver of regulations; conditions. PART II, CHAPTER 40, ARTICLE 2, DIVISION 3, Subdivision IV. - Water System Rules and Regulations
Sec. 40.02.1100. - Rules and regulations adopted; part of contract with customer.
PART II, CHAPTER 40, ARTICLE 2, DIVISION 4. - OUTDOOR WATER USE RESTRICTIONS
Sec. 40.02.1270. - Authority to restrict outdoor use of water.
Sec. 40.02.1290. - Sprinkling systems; timing.
Sec. 40.02.1300. - Landscaping; seeding; sodding; planting.
Sec. 40.02.1310. - Notice required.
Sec. 40.02.1330. - Exception to maintain sanitation.
139
5 of 3
PART II, CHAPTER 40, ARTICLE 3, DIVISION 2, Subdivision II. - General Regulations
Sec. 40.03.330. - Waiver of regulations; conditions.
PART II, CHAPTER 40, ARTICLE 3, DIVISION 5. - SEWAGE DISPOSAL RATES AND CHARGES
Sec. 40.03.1620. - Sewer connections; deferred payments authorized when.
PART II, CHAPTER 40, ARTICLE 6. - PUBLIC WORKS STANDARD SPECIFICATIONS
Sec. 40.06.010. - Adoption of the Montana Public Works Standard Specifications.
Sec. 40.06.020. - Adoption of City of Bozeman Modifications to the Montana Public Works Standard Specifications.
Sec. 40.06.030. - Adoption of the city design standards and specifications policy.
Sec. 40.06.040. - Amendment of the city modifications to the MPWWS and city design standards and
specifications policy.
UNRESOLVED ISSUES: None identified at this time.
ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: An estimated 48 pages will need to be revised as an effect
of this Ordinance. Codification costs $22 per page plus $25
per Ordinance, for a total of $1081.
Attachment: Final Draft of Ordinance 1851 Report and Ordinance primarily prepared by Aimee Brunckhorst
140
1 of 3
ORDINANCE NO. 1851
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REPLACING ALL REFERENCES TO THE DEPARTMENT OF PUBLIC SERVICE
WITH DEPARTMENT OF PUBLIC WORKS, AND REPLACING REFERENCES TO
THE DIRECTOR OF PUBLIC SERVICE, OR PUBLIC SERVICE DIRECTOR, WITH
DIRECTOR OF PUBLIC WORKS.
WHEREAS, the City of Bozeman City Manager has renamed the Department of Public
Service to the Department of Public Works; and
WHEREAS, the Director of Public Service shall now be called the Director of Public
Works to reflect the change in the department name.
NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
DIVISION 10 of the Bozeman Municipal Code shall be revised as follows:
DIVISION 10. – DEPARTMENT OF PUBLIC SERVICES WORKS
Section 2
All references throughout the Bozeman Municipal Code to the department of public service shall
be replaced with the department of public works.
Section 3
All references throughout the Bozeman Municipal Code to the director of public service and the
public service director shall be replaced with director of public works.
141
Ordinance 1851, Department and Director of Public Works
2 of 3
Repealer.
Section 4
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.
This Ordinance shall be codified as appropriate in Sections 1-3.
Section 8 Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
142
Ordinance 1851, Department and Director of Public Works
3 of 3
PROVISIONALLY PASSED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 7th day of January, 2013.
____________________________________ SEAN A. BECKER Mayor
ATTEST:
____________________________________
STACY ULMEN, CMC City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 28th day of January, 2013. The effective date of this ordinance is February 27, 2013.
_________________________________ SEAN A. BECKER Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
143