HomeMy WebLinkAboutTitle_01 General Provisions
Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Corporate Seal
1.12 Statute of Limitations
1.16 General Penalty
1.20 Immunization, Defense, and Indemnification of Public Officers and Their
Employees
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Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption
1.01.020 Title - Citation - Reference
1.01.030 Provisions Codified
1.01.040 Ordinances Passed Prior to Adoption of the Code
1.01.050 Reference Applies to All Amendments
1.01.060 Title, Chapter, and Section Headings
1.01.070 Reference to Specific Ordinances
1.01.080 Effect of Code on past Actions and Obligations
1.01.090 Effective Date
1.01.100 Constitutionality
1.01.110 Adoption of All Ordinances and Regulations in Effect on July 1, 2001
1.01.010 Adoption
There is hereby adopted the "Bozeman Municipal Code," as published by Book Publishing
Company, Seattle, Washington. (Ord. 1118 ~ 1 (part), 1982)
1.01.020 Title - Citation - Reference
This code shall be known as the "Bozeman Municipal Code", and it may be referred to as the
Bozeman Municipal Code in any prosecution for the violation of any provision thereof or any
proceeding at law or equity. Prosecutions for violations of Bozeman, Montana's ordinances and
actions based thereon shall refer to the Bozeman Municipal Code sections as well as the
underlying ordinance upon which the prosecution or action is based. Amendments to any
ordinance, or portions thereof, of Bozeman, Montana, shall also refer to the Bozeman Municipal
Code sections under which such ordinances are codified. (Ord. 1118 ~ 1 (part), 1982)
1.01.030 Provisions Codified
This code consists of all the regulatory and penal ordinances and certain of the administrative
ordinances of Bozeman, Montana. (Ord. 1118 ~ 1 (part), 1982)
1.01.040 Ordinances Passed Prior to Adoption of the Code
The last ordinance included in this code was Ordinance No. 1104, passed April 12, 1982.
The following ordinances, passed subsequent to Ordinance No. 1104, but prior to adoption of this
code, are hereby adopted and made a part of this code: 1105, 1106, 1108, 1109, 1112, 1115,
1116,1117,1118,1119,1120,1121,1122, and 1123. (Ord. 1118 ~ 1 (part), 1982)
1.01.050 Reference Applies to All Amendments
Whenever a reference is made to this code as the Bozeman Municipal Code or to any portion
thereof, or to any ordinance of the City of Bozeman, Montana, the reference shall apply to all
amendments, corrections, and additions heretofore, now or hereafter made. (Ord. 1118 ~ 1 (part),
1982)
1.01.060 Title, Chapter, and Section Headings
Title, chapter, and section headings contained in this code shall not be deemed to govern,
limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title,
chapter, or section hereof. (Ord. 1118 ~ 1 (part), 1982)
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1.01.070 Reference to Specific Ordinances
The provisions of this code shall not in any manner affect matters of record which refer to,
or are otherwise connected with, ordinances which are therein specifically designated by number
or otherwise and which are included within the code, but such reference shall be construed to
apply to the corresponding provisions contained within this code. (Ord. 1118 ~ 1 (part), 1982)
1.01.080 Effect of Code on Past Actions and Obligations
Neither the adoption of this code, nor the repeal or amendments hereby, of any ordinance
or part or portion of any ordinance of the city shall in any manner affect the prosecution for
violations of ordinances, which violations were committed prior to the effective date of the
ordinance codified in this chapter, nor be construed as a waiver of any license, fee, or penalty at
said effective date due and unpaid under such ordinances, nor be construed as affecting any of
the provisions of such ordinances relating to the collection of any such license, fee or penalty, or
the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof required to be posted, filed, or deposited pursuant to any ordinance;
and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord.
1118 ~ 1 (part), 1982)
1.01.090 Effective Date
This code shall become effective on the date the ordinance adopting this code as the
Bozeman Municipal Code becomes effective. (Ord. 1118 ~ 1 (part), 1982)
1.01.100 Constitutionality
If any sections, subsection, sentence, clause, or phrase of this code is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this code. The council declares that it would have passed this code and each section,
subsection, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases had been declared invalid or
unconstitutional; and if for any reason this code should be declared invalid or unconstitutional,
then the original ordinance or ordinances shall be in full force and effect. (Ord. 1118 ~ 1 (part),
1982)
1.01.110 Adoption of All Ordinances and Regulations in Effect on July 1, 2001
All Ordinances and Resolutions in effect on July 1, 2001, are hereby re-adopted under the
City of Bozeman's Self-Government Powers and all said Ordinances and Resolutions shall
remain in force until they expire by their own limitation or shall be altered or repealed by the
Bozeman City Commission. (Ord. 1551 ~ 1, 2001)
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Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions
1.04.020 Title of Office
1.04.030 Interpretation of Language
1.04.040 Grammatical Interpretation
1.04.050 Acts by Agents
1.04.060 Prohibited Acts Include Causing and Permitting
1.04.070 Computation of Time
1.04.080 Construction
1.04.090 Repeal Shall Not Revive Any Ordinances
1.04.010 Definitions
The following words and phrases, whenever used in the ordinances of the city, shall be
construed as defined in this section unless from the context a different meaning is intended, or
unless a different meaning is specifically defined and more particularly directed to the use of such
words or phrases:
A. "City" and "town" means the City of Bozeman, Montana, or the area within the
territorial limits of the City of Bozeman, Montana and such territory outside the city
over which the City has jurisdiction or control by virtue of any constitutional or
statutory provision.
S. "City Commission" means the City Commission of the City of Bozeman. "All its
members" or "all commissioners" means the total number of commissioners holding
office.
C. "County" means the County of Gallatin.
D. "Law" denotes applicable federal law, the Constitution, and statutes of the State of
Montana, the ordinances of the City of Bozeman, and, when appropriate, any and
all rules and regulations which may be promulgated thereunder.
E. "May" is permissive.
F. "Month" means a calendar month.
G. "Must" and "shall" are each mandatory.
H. "Oath" means and includes an affirmation or declaration in all cases in which, by
law, an affirmation may be substituted for an oath, and in such cases the words
"swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
I. "Owner", applied to a building or land, means and includes any part owner, joint
owner, tenant in common, joint tenant, or tenant by the entirety of the whole or a
part of such building or land.
J. "Person" means and includes a natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust, organization,
or the manager, lessee, agent, servant, officer, or employee of any of them.
K. "Personal property" means and includes money, goods, chattels, things in action,
and evidences of debt.
L. "Preceding" and "following" means next before and next after, respectively.
M. "Property" means and includes real and personal property.
N. "Real property" means and includes lands, tenements, and hereditaments.
O. "Sidewalk" means that portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
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P. "State" means the State of Montana.
Q. "Street" means and includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs, or other public ways in this city which have been, or may
hereafter be, dedicated and open to public use, or such other public property so
designated in any law of this state.
R. "Tenant" and "occupant," applied to a building or land, means and includes any
person who occupies the whole or a part of such building or land, whether alone or
with others.
S. "Written" means and includes printed, typewritten, mimeographed, multigraphed,
or otherwise reproduced in permanent visible form.
T. "Year" means a calendar year unless otherwise provided. (Ord. 1118 ~ 2 (part),
1982)
1.04.020 Title of Office
Use of the title of any officer, employee, department, board, or commission means that
officer, employee, department, board, or commission of the city. (Ord. 1118 ~ 2 (part), 1982)
1.04.030 Interpretation of Language
All words and phrases shall be construed according to the common and approved usage of
the language, but technical words and phrases and such others as may have acquired a peculiar
and appropriate meaning in the law shall be construed and understood according to such peculiar
and appropriate meaning. (Ord. 1118 ~ 2 (part), 1982)
1.04.040 Grammatical Interpretation
The following grammatical rules shall apply in the ordinances of the city, unless it is apparent
from the context that a different construction is intended:
A. Gender. Each gender includes the masculine, feminine, and neuter genders.
B. Singular and plural. The singular number includes the plural, and the plural includes
the singular.
C. Tenses. Words used in the present tense include the past and the future tenses
and vice versa, unless manifestly inapplicable. (Ord. 1118 ~ 2 (part), 1982)
1.04.050 Acts by Agents
When an act is required by an ordinance, the same being such that it may be done as well
by an agent as by the principal, such requirement shall be construed to include all such acts
performed by an authorized agent. (Ord. 1118 ~ 2 (part), 1982)
1.04.060 Prohibited Acts Include Causing and Permitting
Whenever in the ordinances of the city, any act or omission is made unlawful, it shall include
causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or
omission. (Ord. 1118 ~ 2 (part), 1982)
1.04.070 Computation of Time
Except when otherwise provided, the time within which an act is required to be done shall be
computed by excluding the first day and including the last day, unless the last day is Sunday or
a holiday, in which case it shall also be excluded. (Ord. 1118 ~ 2 (part), 1982)
1.04.080 Construction
The provisions of the ordinances of the city, and all proceedings under them, are to be
construed with a view to effect their objects and to promote justice. (Ord. 1118 ~ 2 (part), 1982)
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1.04.090 Repeal Shall Not Revive Any Ordinances
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive
any ordinance which has been repealed thereby. (Ord. 1118 ~ 2 (part), 1982)
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Chapter 1.08
CORPORATE SEAL
Sections:
1.08.010 Corporate Seal Adopted
1.08.010 Corporate Seal Adopted
A seal of circular form, with the words "City of Bozeman, Gallatin County, Montana" on the
edge of the circle and having in the center thereof a self- binding harvester and a prostrate sheaf,
and underneath the date 1883, is hereby adopted and declared to be the corporate seal of the
City of Bozeman, to be used in all cases in which a seal is necessary to be used by the
corporation. (Prior code ~ 2.04.010)
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Chapter 1.12
STATUTE OF LIMITATIONS
Sections:
1.12.010 Recovery of Fines or Penalties - Statute of Limitations
1.12.010 Recovery of Fines or Penalties - Statute of Limitations
All actions to recover any fines, forfeitures, or penalties for the violation of any ordinance
shall be commenced within two years after the right of action accrued. (Prior code ~ 6.01.020)
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Chapter 1.16
GENERAL PENAL TV
Sections:
1.16.010 General Penalty for Code Violations
1.16.010 General Penalty for Code Violations
Unless otherwise specifically provided in the Bozeman Municipal Code, any person, firm, or
corporation, their agents or servants, who violates any of the provisions of the Bozeman Municipal
Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine in any sum not exceeding five hundred dollars or by imprisonment for a period not
exceeding six months or both such fine and imprisonment and in addition shall pay all costs and
expenses of the case. A separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues. (Ord. 1372 ~ 1, 1993; prior code ~ 1.04.060)
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Chapter 1.20
IMMUNIZATION, DEFENSE, AND INDEMNIFICATION OF PUBLIC OFFICERS AND THEIR
EMPLOYEES
Sections:
1.20.010 Purpose
1.20.020 Immunization, Indemnification, and Defense
1.20.030 Exceptions
1.20.040 Notice
1.20.010 Purpose
It is the purpose of this section to provide for immunization, defense, and indemnification of
public officers and pUblic employees of the city civilly sued for alleged violations of Constitutional
Initiative 75 for actions taken within the course and scope of their employment. (Ord. 1482 ~ 1
(part), 1998)
1.20.020 Immunization, Indemnification, and Defense
That in any civil action brought against any public official or public employee of the city
alleging a violation of Constitutional Initiative 75, the City shall then defend the action on behalf
of the public official or public employee and indemnify the public official or employee for any
liability resulting from the alleged violation of Constitutional Initiative 75, except as provided in
Section 1.20.030. (Ord. 1482 ~ 1 (part), 1998)
1.20.030 Exceptions
In a civil action alleging a violation of Constitutional Initiative 75, in which a public official or
public employee of the city is a party defendant, the public official or public employee may not be
defended or indemnified by the City for any money judgments or legal expenses, including
attorney's fees, to which the public official or public employee may be subject as a result of a suit,
if a judicial determination is made that:
A. The conduct upon which the claim is based constitutes oppression, fraud, or malice,
or for any other reason does not arise out of the course and scope of the public
official's or public employee's employment;
B. The public official or public employee compromised or settled the claim without the
consent of the City;
C. The public official or public employee failed or refused to cooperate reasonably in
the defense of the case. If no judicial determination has been made applying the
exclusions provided above, the City may determine whether those exclusions apply.
However, if there is a dispute as to whether the exclusions apply, and the City
concludes it should clarify its obligation to the public official or public employee
arising under this section by commencing a declaratory action or other legal action,
the City is obligated to provide a defense or assume the costs of the defense of the
public official or public employee until a final judgment is rendered in such action
holding that the City has no obligation to defend the public official or public
employee. The City has no obligation to provide a defense to the public official or
public employee in a declaratory judgment action or other legal action brought
against the public official or public employee by the City under this section. (Ord.
1482 ~ 1 (part), 1998)
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1.20.040 Notice
Upon receipt of service of Summons and Complaint alleging a violation of Constitutional
Initiative 75, the public official or public employee shall give written notice to the City Manager or
to the City Attorney requesting that a defense to this action be provided by the City. (Ord. 1482
~ 1 (part), 1998)
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