HomeMy WebLinkAboutTitle_12 Streets, Sidewalks, and Public Places
Title 12
STREETS, SIDEWALKS, AND PUBLIC PLACES
Chapters:
12.04 Street Grades
12.08 Building Numbers
12.12 Street Maintenance
12.14 Tree Maintenance District
12.16 Street Maintenance District
12.20 Sidewalk and Curb Construction
12.22 Downtown Sidewalk Encroachment Permit Program
12.24 Snow Removal From Sidewalks
12.26 Park Regulations
12.28 Public Concerts
12.30 Trees and Other Vegetation
12.32 Parades and Public Assemblies
XII-1 10/2005
Chapter 12.04
STREET GRADES
Sections:
12.04.010 Datum Line for Establishment of Street Grades - Benchmarks
12.04.010 Datum Line for Establishment of Street Grades - Bench Marks
A datum line, or base, from which the grades of the several streets and avenues within the
city shall be determined, is hereby defined, fixed, and designated by reference to the following
described bench marks, as follows:
A. The top of the sandstone base at the foot of the iron column on the west-side main
entrance to the fire engine room in the building known as the City Hall, situated at
the southwest corner of East Main Street and Rouse Avenue, is seven hundred and
ninety-four and four one-hundredths (794.04) feet above datum.
S. The top of the first stone step above the sidewalk, at the west end of the steps and
front edge of same, at the front entrance of the Bozeman National Bank in the
building known as the Krueger Block, situated at the southwest corner of Main
Street and Bozeman Avenue, is seven hundred and ninety-three and ninety-nine
one-hundredths (793.99) feet above datum.
C. The top of the stone ball at the front entrance to the courthouse, at the foot of the
steps, on the east side, is eight hundred and one and six one-hundredths (801.06)
feet above datum. (Prior code S 9.04.010)
XII-2 10/2005
Chapter 12.08
BUILDING NUMBERS
Sections:
12.08.010 Purpose of Chapter Provisions
12.08.020 Official Map Adopted
12.08.030 Numbers Assigned Before 1920
12.08.040 Numbering Buildings Required
12.08.050 City Engineer to Assign Numbers
12.08.060 Numbering System Described - Base Lines
12.08.070 Affixing Numbers to Buildings - Owner or Occupant Responsibility
12.08.080 Style and Location of Numbers
12.08.090 Alley Numbering System
12.08.100 Numbers Procured by City
12.08.110 Violation - Penalty
12.08.010 Purpose of Chapter Provisions
In order to establish a uniform system of numbering houses, private, public, or business,
within the city, all houses, private, public, or business, fronting on streets, avenues, and public
highways within the city shall be numbered as provided in this chapter. (Prior code S 9.08.010)
12.08.020 Official Map Adopted
The map or plat heretofore prepared by the City Engineer under date of October, 1919,
designated as "Map of Bozeman, Montana, Showing House Numbering System," is hereby
referred to and made a part of this chapter, and shall govern in all matters relating to the
numbering of houses, private, public, and business, as provided in this chapter. (Prior code S
9.08.020)
12.08.030 Numbers Assigned Before 1920
The numbers assigned before 1920 to houses, private, public, or business, except as
provided in this chapter, shall remain the numbers of such houses, respectively, until otherwise
changed by the Commission. (Prior code S 9.08.030)
12.08.040 Numbering Buildings Required
It is hereby made the duty of the owner, agent, or person in possession of every house,
private, pUblic or business, in the city, to number it as provided in this chapter. (Prior code S
9.08.040)
12.08.050 City Engineer to Assign Numbers
The City Engineer shall assign to each house, private, public, or business, in the city, its
proper number, and upon application shall deliver, free of charge, to the owner or occupant
thereof, a certificate designating the number. (Prior code S 9.08.050)
12.08.060 Numbering System Described - Base Lines
A. All streets and avenues running north and south shall be numbered from Main
Street as a base or division line and shall be numbered north and south therefrom.
All streets running east and west shall be numbered from Tracy Avenue as a base
or division line and shall be numbered east and west therefrom. The initial number
in each instance shall be zero.
S. One hundred numbers shall be assigned to the houses, private, public, or business,
on any street or avenue in any block. On both sides of Main, Babcock, and
XII-3 10/2005
Mendenhall Streets, between Wallace Avenue and Third Avenue, one number shall
be given for every fifteen feet fronting on said streets. On both sides of Wallace
Avenue, Church Avenue, Rouse Avenue, Bozeman Avenue, Black Avenue, Tracy
Avenue, Central Avenue, Grand Avenue, and Third Avenue, between Babcock
Street and Mendenhall Street, one number shall be given for each fifteen feet
fronting thereon. On both sides of all other streets and avenues, or parts of streets
and avenues, one number shall be given for each twenty-five feet fronting thereon.
C. Houses, private, public, or business, on the north and west sides of streets and
avenues shall be given odd numbers, and houses, private, public, or business, on
the south and east sides of streets and avenues shall be given even numbers.
D. In numbering, only full blocks shall be given one hundred numbers; blocks
approximately double the ordinary frontage shall be given two hundred numbers.
Across all undivided tracts of land intervening between portions laid out into blocks,
the lines of all streets or avenues shall be considered to cross in regular
continuation of streets in additions adjoining. (Prior code S 9.08.060)
12.08.070 Affixing Numbers to Buildings - Owner or Occupant Responsibility
It is the duty of every owner or occupant of every house, private, public, or business, and the
agents of such owners of such houses upon all streets and avenues of the city to number
buildings in accordance with the provisions of this chapter, and it is unlawful for any such owner,
occupant or agent to retain or use, or permit to remain upon any such house, any other number
than the number designated by this chapter for such house. It shall be the duty of every such
owner, occupant, or agent, upon notice from the City Engineer or any person designated by him,
to cause the official number to be placed upon every house so owned or occupied by such owner
or occupant, or for which such agency may exist, such numbering to be done in the manner
provided in this chapter within thirty days after service of such notice. (Prior code S 9.08.070)
12.08.080 Style and Location of Numbers
All numbers shall be of some metallic substance, or porcelain, or may consist of gilt lettering
on the inside of a glass transom or door and shall be distinctly legible and at least three inches
high, and all such metal or porcelain figures or lettering shall be in a conspicuous place where
the number can be easily seen from the middle of the street. (Prior code S 9.08.080)
12.08.090 Alley Numbering System
Every alley running east and west shall take the number of the street south of it, and every
alley running north and south shall take the name of the street or avenue east of it. All alleys shall
take the same numbers as the streets or avenues from which they are named, the even numbers
being on the south and east sides and the odd numbers being on the north and west sides
thereof. (Prior code S 9.08.090)
12.08.100 Numbers Procured by City
The City Engineer shall, and it is his duty to, arrange with some business house in the city
to procure a supply of standard figures to number houses as provided in this chapter, and
thereafter keep on hand a sufficient supply therefor, which numbers shall be furnished to owners,
occupants and agents of houses at a minimum and standard price therefor. (Prior code S
9.08.100)
12.08.110 Violation - Penalty
Every owner, or occupant, or agent of any owner of any house, private, public, or busi- ness,
now erected or hereinafter to be erected in the city who fails, neglects, or refuses, wilfully or
otherwise, to comply with the terms and provisions of this chapter, shall be guilty of a
misdemeanor, and each day's continuance of an act forbidden, or omission of a duty required,
XII-4 10/2005
shall constitute a separate and distinct offense and be fined and punished accordingly. (Prior
code S 9.08.110)
XII-5 10/2005
Chapter 12.12
STREET MAINTENANCE
Sections:
12.12.010 Street Names to Be as Shown on Official Map
12.12.020 Streets and Public Places to Be Kept Clear of Obstructions and Debris
12.12.030 Work in Streets - Permit Required - Interfering with Authorized Work
Prohibited
12.12.040 Obstructing or Encumbering Streets - Permit Required
12.12.050 Structures in Streets - Permit Required
12.12.060 Obstructions - Warning Signals Required
12.12.070 Removal of Litter or Obstructions - Notice -- Work Performed by City When
- Costs
12.12.080 Removal of Obstructions - Time Limit -Interfering When Work Performed
by City Prohibited
12.12.090 Lotteries or Gambling in Streets or Public Places Prohibited
12.12.100 Violation - Penalty
12.12.010 Street Names to Be as Shown on Official Map
The several streets, avenues, alleys, and public places and extensions of the same in the
city shall hereafter be known and designated by the name applied thereto respectively on the
maps and plats of the city, and additions, filed in the offices of the City Clerk and the County Clerk
and Recorder of Gallatin County. (Prior code S 9.12.010)
12.12.020 Streets and Public Places to Be Kept Clear of Obstructions and Debris
Except as otherwise provided by this code, streets, avenues, alleys, and public places of the
city, including sidewalks, shall at all times be kept free, clear, and clean of all obstructions, debris,
encumbrances, and encroachments which hamper or interfere with the free and safe use thereof
by the public. (Ord. 1567 S 1, 2002; prior code S 9.12.020)
12.12.030 Work in Streets - Permit Required - Interfering with Authorized Work
Prohibited
No person shall impede, obstruct, or tear up any pavement, sidewalk, or crosswalk, or any
part thereof; dig any hole, shaft, ditch, or drain; or dig or remove any sod, earth, stones, sand, or
gravel from any street, avenue, alley, and public place without first having obtained a permit from
the Director of Public Service or designee; or hinder or obstruct the making or repairing of any
public improvement or work ordered or done by, or under the authority of the City.
Permits for excavations in paved streets or alleys shall be subject to an application fee and
a pavement degradation fee as established by resolution. Newly constructed streets,
reconstructed streets, or streets that have been repaved shall be considered protected streets
for a period of five years following construction. Permits for excavations in protected streets shall
be subject to an additional pavement degradation surcharge as established by resolution.
All applicants requesting permits to excavate in any public right-of-way shall either file or
have on file with the Director of Public Service or designee a street opening bond prior to
conducting any work in the public right-of-way. The company writing the bonds shall be licensed
to do business in the State of Montana.
All applicants requesting permits to excavate in any public right-of-way shall either file or
have on file with the Director of Public Service or designee proof of general liability insurance
XII-6 10/2005
coverage, prior to conducting any work in the public right-of-way. The insurance company shall
be licensed to do business in the State of Montana.
The amount of bonding and insurance coverages required shall be as established by
resolution.
Pavement degradation fees or surcharges shall not be required for emergency utility repair
work; installation of new fire sprinkler service lines required by the City Fire Marshall, if no
alternate connection point is available; or for infrastructure improvement work being done under
the City's Capital Improvements Program.
Pavement degradation fees shall be deposited into the Street Maintenance Fund. (Ord. 1591
S 1, 2003; prior code S 9.12.030)
12.12.040 Obstructing or Encumbering Streets - Permit Required
No person, association, company, or corporation shall encumber or obstruct or cause to be
encumbered or obstructed any street, avenue, alley, or other public place in the city by placing
therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and
ice removed from an adjoining private premises, or any article or thing whatsoever, without first
having obtained permission in writing from the Director of Public Service of the city. (Prior code
S 9.12.040)
12.12.050 Structures in Streets - Permit Required
No building or other structure, in whole or in part, shall be erected or placed upon any street,
avenue, alley. or public place within the city without permission in writing of the Director of Public
Service first had and obtained. (Prior code S 9.12.060)
12.12.060 Obstructions - Warning Signals Required
When permission shall have been granted, as provided in this chapter, for the use of any
portion of a street, avenue, or public place of the city for any purpose whatsoever, the permittee
shall cause torches or red lights to be set in such number and location in and about said street,
avenue, alley, or public place as will serve to, and give reasonable, proper, and timely warning
of danger or hazard to all persons lawfully using such street, avenue, alley or public place, or any
part thereof, and shall take all other reasonably necessary precautions to prevent accidents to
the public. The lights and protection shall be maintained between dusk and dawn of each and
every day the street, avenue, alley, or pUblic place is rendered hazardous or unsafe for usual and
customary use. Failure or omission to protect against accident, as in this section provided, shall
forthwith work a forfeiture of any permit which may have been granted with reference thereto.
(Prior code S 9.12.080)
12.12.070 Removal of Litter or Obstructions - Notice - Work Performed by City When -
Costs
The Director of Public Service is authorized to order any article or thing whatsoever, including
but not limited to accumulated snow and ice removed from an adjoining private premises, which
encumbers, litters, or obstructs any street, avenue, alley, or other public place within the city to
be removed. If such removal is not made within six hours after notice to the owner or person in
charge thereof to remove the same, or if the owner cannot be readily found for the purpose of
such notice, the Director of Public Service shall cause the same to be removed to some suitable
place to be designated by the director, at the expense of the person, corporation, or association
responsible therefor, and under the pains and penalties as hereinafter provided for violations of
this chapter. (Prior code S 9.12.050)
XII-7 10/2005
12.12.080 Removal of Obstructions - Time Limit - Interfering When Work Performed by
City Prohibited
Any building, fence, porch, steps, gallery, or other obstruction now upon or hereafter placed
or erected upon any street, avenue, alley, or pUblic place within the city, or which may be upon
any new street, avenue, alley, or public place which may hereafter be opened or created within
the city, shall be removed therefrom within such reasonable time, not exceeding thirty days, and
not less than three days after notice in writing has been given to the owner or person responsible
for such obstruction shall be given by the director of public service; and if the owner or person
responsible for such obstruction cannot be readily found for the purpose of such notice, it shall
be the duty of the Director of Public Service to cause the obstruction to be removed, in his
discretion; and the expense of such removal shall be recoverable from the owner or person
responsible for the obstruction in addition to the penalties herein provided; and every person who
interferes with, resists or obstructs by acts or threats or in any other manner, the removal of such
obstruction under the order or direction of the Director of Public Service, is guilty of a violation of
this chapter. (Prior code S 9.12.070)
12.12.090 Lotteries or Gambling in Streets or Public Places Prohibited
The conducting or carrying on of any lottery, raffle, game of chance, or any gambling game
of any nature or description, in or upon any street, avenue, alley, or public place of the city is
prohibited. (Prior code S 9.12.090)
12.12.100 Violation - Penalty
Violations of this chapter shall be punishable by a fine not more than three hundred dollars,
or by imprisonment of not less than three days or more than ninety days, or by both such fine and
imprisonment. (Prior code S 9.12.100)
XII-8 10/2005
Chapter 12.14
TREE MAINTENANCE DISTRICT
Sections:
12.14.010 Definitions
12.14.020 Method of Planting and Maintaining Trees
12.14.030 Method of Paying for Maintenance
12.14.010 Definitions
The word "maintenance" as used in this chapter means the planting, pruning, and removal
of trees. Routine watering does not come within the definition of maintenance as used in this
chapter. (Ord.1311 S 1,1990)
12.14.020 Method of Planting and Maintaining Trees
All planting and maintenance of trees in all public places, right-of-ways, and parks to be done
within the district or districts created by the City may be done by contract or by forces employed
by the City, or by both, in such manner as the Commission may elect. (Ord. 1311 S 2,1990)
12.14.030 Method of Paying for Maintenance
A. The City Commission shall estimate, as near as practicable, the cost of the
maintenance in each established district annually, before the first Monday in
September. The Commission shall pass and finally adopt a resolution specifying the
district assessment option and levying and assessing all the property within each
established district.
B. The resolution levying the assessment to defray the cost of maintenance shall
contain or refer to a list in which shall be described the lot or parcel of land
assessed, with the name of the owner thereof if known, and the amount levied
thereon set opposite.
C. Such resolution shall be kept on file in the office of the Clerk of the Commission for
public inspection.
D. A notice of intent to adopt such resolution, signed by the Clerk of the Commission,
stating that the resolution levying the special assessment to defray the cost of
maintenance in each established district is on file in the Clerk of the Commission's
office and subject to inspection for a period of five days, shall be published at least
once in a newspaper published in the city. The notice shall state the time and place
at which objections to the final adoption of the resolution will be heard by the
Commission. The time for the hearing shall be not less than five days after the
publication of the notice.
E. At the time so set, the Commission shall meet and hear all objections which may be
made to such assessment or any part thereof and may adjourn from time to time for
that purpose and may by resolution modify such assessment in whole or in part.
F. A copy of the resolution, certified by the Clerk of the Commission, must be delivered
to the City Treasurer and the assessments shall be placed upon the tax roll and
collected in the same manner as other taxes and assessments. (Ord. 1429 S 1,
1996; Ord. 1311 S 3, 1990)
XII-9 10/2005
Chapter 12.16
STREET MAINTENANCE DISTRICT
Sections:
12.16.010 Definitions
12.16.020 Method of Maintenance
12.16.030 Method of Paying for Maintenance
12.16.010 Definitions
The word "maintenance" as used in this chapter includes, but is not limited to, sprinkling,
graveling, oiling, chip sealing, seal coating, overlaying, treating, general cleaning, sweeping,
flushing, snow removal, and leaf and debris removal. (Ord. 1310 S 1, 1990)
12.16.020 Method of Maintenance
All street, alley, and public place maintenance to be done within the district or districts
created by the city may be done by contract or by forces employed by the City, or by both, in such
manner as the Commission may elect. (Ord. 1310 S 2,1990)
12.16.030 Method of Paying for Maintenance
A. The City Commission shall estimate, as near as practicable, the cost of the
maintenance in each established district annually, not later than the second Monday
in August. The Commission shall pass and finally adopt a resolution specifying the
district assessment option and levying and assessing all the property within each
established district with an amount equal to not less than seventy.five percent of the
entire cost of such work.
B. The resolution levying the assessment to defray the cost of maintenance shall
contain or refer to a list in which shall be described the lot or parcel of land
assessed, with the name of the owner thereof if known, and the amount levied
thereon set opposite.
C. Such resolution shall be kept on file in the office of the Clerk of the Commission for
public inspection.
D. A notice of intent to adopt such resolution, signed by the Clerk of the Commission,
stating that the resolution levying the special assessment to defray the cost of
maintenance in each established district is on file in the Clerk of the Commission's
office and subject to inspection for a period of five days, shall be published at least
once in a newspaper published in the city. The notice shall state the time and place
at which objections to the final adoption of the resolution will be heard by the
Commission. The time for the hearing shall be not less than five days after the
publication of the notice.
E. At the time so set, the Commission shall meet and hear all objections which may be
made to such assessment or any part thereof and may adjourn from time to time for
that purpose and may by resolution modify such assessment in whole or in part.
F. A copy of the resolution, certified by the Clerk of the Commission, must be delivered
to the City Treasurer and the assessments shall be placed upon the tax roll and
collected in the same manner as other taxes and assessments. (Ord. 1310 S 3,
1990)
XII-10 10/2005
Chapter 12.20
SIDEWALK AND CURB CONSTRUCTION
Sections:
12.20.010 City Engineer Authority - Materials, Construction, and Widths
12.20.020 Establishing Grades and Setting Stakes - Requirements Before
Construction
12.20.030 Establishing Grades and Setting Stakes - Charges
12.20.035 Repair of Sidewalks by Abutting Owners - Failure to Repair
12.20.040 Fees - Payments and Deposit
12.20.050 Permanent Concrete Sidewalks Required - Variance Permitted When
12.20.060 Notice to Construct Curb or Sidewalk - Form and Contents
12.20.070 Construction Ordered by City - Warrant for Payment of Costs
12.20.010 City Engineer Authority - Materials, Construction, and Widths
A. All sidewalks and curbs which may hereafter be constructed upon any street or
avenue in the city, whether ordered in by the City Commission or constructed under
the laws governing special improvement districts, or installed by any contractor, or
property owner, or otherwise, shall be constructed under the supervision, direction,
and inspection of the City Engineer, and out of such materials as may be prescribed
by him.
B. All sidewalks constructed in the central business district of the city shall have a
minimum width of ten feet unless a variance is granted by majority vote of the City
Commission. All other sidewalks constructed on any of the streets and avenues of
the city shall have a minimum width of five feet. (Ord. 1235 S 1, 1987; prior code S
9.36.010)
12.20.020 Establishing Grades and Setting Stakes - Requirements Before Construction
No sidewalk or curb shall be constructed on any of the streets, avenues, or alleys of the city
without the City Engineer having first established and set the stakes for the grades thereof; and
before any property owner or anyone in his behalf shall commence the construction of any
sidewalk or curb, he shall ascertain of the City Engineer the cost for establishing the desired
grade and stakes for the same, and shall pay the amount prescribed by the City Engineer to the
Director of Finance, whose receipt exhibited to the City Engineer shall be his authorization for
establishing the grades and setting the stakes. (Prior code S 9.36.030)
12.20.030 Establishing Grades and Setting Stakes - Charges
A. The charge for establishing grades and stakes shall be as follows:
1. For sidewalk or curb - twenty-five cents per front foot;
2. For curb and sidewalk - thirty cents per front foot.
B. The minimum charge to anyone shall be ten dollars and the maximum charge for
one block shall be seventy-five dollars. (Ord. 1235 S 2, 1987; prior code S 9.36.040)
12.20.035 Repair of Sidewalks by Abutting Owners - Failure to Repair
All owners or agents of owners with property abutting and fronting upon any street or alley
within the corporate limits of the city are required to keep the public sidewalks immediately
abutting their property in good order and repair. Each such owner shall be liable to the City for
all losses to the City or recoveries from the City for damages to person or property of others
caused by his failure or that of his agents to repair and keep in good order and reasonably safe
XII-11 10/2005
condition all such sidewalks abutting and fronting his property within the corporate limits of the
city. The City may, at its discretion, through the Director of Public Service, notify such owner that
repairs are necessary to put such sidewalk in good order and such owner shall, within thirty days
after such notification, under the supervision of the Director of Public Service, complete such
repairs, as specified in such notice. If the person fails to make the required repairs, the city may
repair same and pay for such repairs. The amount so paid by the City shall be lien upon the lot
and may be enforced or the amount may be recovered against the owner by a suit before any
court of competent jurisdiction. (Ord. 1300 S 1, 1990; Ord. 1235 S 3, 1987)
12.20.040 Fees - Payments and Deposit
All fees shall be paid to the Director of Finance and deposited in the general fund. (Prior code
S 9.36.050)
12.20.050 Permanent Concrete Sidewalks Required - Variance Permitted When
Permanent concrete sidewalks shall be constructed within and upon all of the streets and
avenues of the city, provided that the City Engineer of the city may issue a permit for the
construction of temporary sidewalks of other materials. (Prior code S 9.36.020)
12.20.060 Notice to Construct Curb or Sidewalk - Form and Contents
Whenever the City Commission orders a sidewalk, or curb, or either thereof, constructed in
front of any lot or parcel of land within the city, without the formation of a special improvement
district, pursuant to the provisions of MCA S 7.14-4109, or any acts supplementary thereto or
amendatory thereof, notice of such order of the City Commission shall be given by the City
Manager, to the owner or agent of such property, by mailing notice to his last known address,
according to the requirements of Section 7-1-4120 MCA, and such notice shall be in substantially
the following form:
XII-12 10/2005
No. Bozeman, Montana, , 19
TO
YOU ARE HEREBY NOTIFIED that the City Commission of the
City of Bozeman, at its meeting, held on thQ dClY nf
, nrrll:::m:"rl thA of a cement r.nnr.rAtA in
front of that certain lot or parcel of land owned by you, situated in the
City of Bozeman, Montana, and described as follows, to-wit:
Lots'
Block:
Addition.
Said improvement to be constructed in accordance with said
order and the approved specifications therefor, on file in the office of
the City Engineer of said City, and at the established grade of said
street.
You will be allowed thirty days from and after the service of this
notice upon you to construct, or cause to be constructed, the said
improvement as ordered, and if you shall fail or neglect to construct, or
cause same to be constructed, within the said period of time, the City
of Bozeman will construct, or cause to be constructed, the said
improvement as ordered and will assess the cost thereof against the
said property in front of which the same is constructed.
City Manager
(Ord. 1235 S 4, 1987; prior code S 9.36.060)
12.20.070 Construction Ordered by City - Warrant for Payment of Costs
A. When any such sidewalk and curb, or either thereof, are constructed by or under the
direction of the City Commission, payment for the construction thereof shall be
made by special warrants which shall be drawn upon a fund to be known as the
"special sidewalk and curb fund," and such warrants shall be in substantially the
following form:
XII-13 10/2005
SPECIAL SIDEW ALK AND CURB WARRANT
Bozeman, Montana
No. 19 $
Bozeman, Montana, , ,19
The City of Bozeman, Montana, will pay to
OR BEARER HEREOF, the sum of DOLLARS on account of sidewalks and
curbs constructed in said city. This Warrant is issued under the provisions of MCA, Section
7 -14-4109 and Acts amendatory thereof and supplementary thereto, and under resolutions
and ordinances of said city relating to sidewalks and curbs.
The principal and interest of this warrant are payable at the office of the office of the
City Treasurer at Bozeman, Montana.
This warrant bears interest at the rate or rates designated by the successful bidder
and authorized and accepted by the City Commission from date of its registration as
expressed herein until date called for its redemption by the City Treasurer. The interest on
this warrant is payable on the first day of January in each year, until the payment of this
warrant, as expressed by the interest coupons hereto attached.
This warrant is payable from the collection of a special tax or assessment and is
redeemable at the option of the City of Bozeman on or before the first day of January, AD.
19 , at any time there is money to the credit of the said Sidewalk and Curb Fund for
the redemption thereof and in the manner provided for the redemption of the same. The
holder of this warrant shall have no claim therefor against said City in any event except from
the collection of special assessments made to defray the cost of sidewalks and curbs for
which this warrant is issued, but his remedy in case of nonpayment shall be confined to the
enforcement of such assessments.
IT IS HEREBY CERTIFIED AND RECITED that all acts and things required to be
done precedent to and in the issuance of this warrant have been properly done, approved
and been
performed in the manner prescribed by the laws of the State of Montana and the resolutions
of the City of Bozeman, Montana, relating to the issuance hereof, and the interest coupons
hereto attached are signed with the facsimile signatures of the Mayor and City Clerk.
THE CITY OF BOZEMAN, MONTANA
By:
Attest:
City Clerk, as Clerk to the City Commission
Registered in the office of the Director of Finance of the City of Bozeman, Montana,
this day of ,AD.19, and redeemable at the option of the City of
Bozeman on or before the first day of January, A.D. 19
Director of Finance
B. Such warrants shall be signed by the Mayor and Clerk of the City Commission, and
shall bear the corporate seal of the city and shall have attached to them interest
coupons, one for each year's interest to become due thereon, and shall bear the
XII-14 10/2005
facsimile signatures of the Mayor and City Clerk, and shall be in substantially the
following form:
Coupon No. Special Sidewalk and Curb Fund $
On January 1, 19, the Director of Finance of Bozeman, Montana, will at his
office in the City of Bozeman, Montana, pay , or bearer, the sum
of Dollars, being interest due on said date of payment on its Special Sidewalk and Curb Fund
Warrant No. issued on account of sidewalks and curbs.
THE CITY OF BOZEMAN
Mayor
City Clerk, as Clerk to the City Commission
C. Such special sidewalk and curb warrants shall be issued in the denomination of one
hundred dollars each or fractions thereof when necessary. (Ord. 1235 S 5, 1987;
prior code S 9.36.070)
XII-15 10/2005
Chapter 12.22
DOWNTOWN SIDEWALK ENCROACHMENT PERMIT PROGRAM
Sections:
12.22.010 Purpose and Intent
12.22.020 Definitions
12.22.030 Encroachment on Public Right of Way - Prohibited
12.22.040 Exception - Downtown Business District
12.22.050 Permit Required
12.22.060 License or Approval Letter Required
12.22.070 Uses Permitted under this Chapter
12.22.080 Notification of Name or Address Change
12.22.090 Littering and Trash Removal
12.22.100 Special Event or Temporary Permits
12.22.110 Suspension and Revocation of License
12.22.130 Appeal Procedure
12.22.140 Enforcement - Penalties
12.22.010 Purpose and Intent
It is the intent of the City Commission, in enacting this ordinance to:
A. Serve and protect the health, safety, and welfare of the general public;
S. Establish a uniform set of rules and regulations for sidewalk businesses and
advertising in the Downtown Business District of the City of Bozeman that are fair
and equitable; and
C Develop a program that will enhance the overall appearance, ambiance, and
environment in the Downtown Business District of the City of Bozeman. (Ord. 1567
S 2, 2002)
12.22.020 Definitions
For the purposes of enforcement of this chapter, the following definitions apply:
A. "Block face" means that portion of all city sidewalk fronting the streets along
Mendenhall, Main, and Babcock Streets and lying between avenues running in a
north-south direction.
S. "Director" means the Director of Public Service and includes the Director's
authorized representative.
C. "Encroachment" means any fixture or device including but not limited to a
showcase, table, bench, rack, handcart, pushcart, sign, or stall, which intrudes into
or invades the public right of way.
D. "Portable Sign" means any sign as defined by 18.65.020 which is set in the public
right of way.
E. "Public Right of Way" means any area legally open to public use including but not
limited to public streets, sidewalks, roadways, highways, parkways, alleys, or parks
as well as areas surrounding and immediately adjacent to public buildings.
F. "Sidewalk" means all that area legally open to public use as a pedestrian public way
between the curb line and the legal building line of the abutting property.
G. "Sidewalk Display" means any showcase, table, bench, rack, sign, stall, kiosk, or
any other fixture or device used for the purpose of displaying, exhibiting, carrying,
transporting, storing, selling, or offering for sale any food, beverage, goods, wares,
merchandise, event, or service upon a sidewalk.
XII-16 10/2005
H. "Sidewalk Vending Cart" means any handcart, pushcart, stall, or any other mobile
device that is used for the purpose of displaying, exhibiting, carrying, transporting,
storing, selling, or offering for sale any food, beverages, goods, wares, or
merchandise upon a sidewalk.
I. "Special Event" means any occasion including but not limited to fairs, shows,
exhibitions, city-wide celebrations, and festivals taking place within a specifically
defined area of the City of Bozeman. (Ord. 1567 S 2, 2002)
12.22.030 Encroachment on Public Right-of-way - Prohibited
Except as otherwise provided by this code, it is unlawful to obstruct the public right of way
with debris, encumbrances, or encroachments of any kind which hamper or interfere with the free
and safe use or passage by the public. (Ord. 1567 S 2, 2002)
12.22.040 Exception - Downtown Business District
Vendors doing business on or between the north side of Mendenhall Street and south side
of Babcock Street and on or between the east side of Third Avenue and the west side of
Broadway Avenue shall be allowed to use city sidewalks provided in this chapter. (Ord. 1567 S
2, 2002)
12.22.050 Permit Required
Upon application, the Director may authorize the use of the City's sidewalk in the area
described in 12.22.040. All applications must include:
A. A completed Public Right-of-way Encroachment Revocable Permit application
including the name of the applicant, name of the business, address upon which the
encroachment will be located, a current mailing address, and telephone number.
Each permit must be renewed on an annual basis and the Director of Public Service
shall have the right to refuse to renew any permits issued under this chapter.
B. A letter from the owner, operator, or manager of business immediately fronting the
sidewalk where use is requested granting permission to place the encroachment at
the requested location;
C. A sketch depicting, as accurately as possible, the size and location of all requested
items as well as other existing obstructions or improvements which would limit the
free use of the sidewalk by pedestrians;
D. A certificate of liability insurance which names the City of Bozeman and the State
of Montana as additional insureds. The insurance must provide a minimum
coverage of $750,000 for each claim and $1 million for each occurrence for all
permits solely for a portable sign in an "A" frame design, also known as a sandwich
board sign, used strictly for the purpose of advertising for the permit holder. A
minimum coverage of $750,000 for each claim and $1.5 million for each occurrence
must be provided for all other permits; and
E. A valid City of Bozeman business license corresponding to the use requested. (Ord.
1592 S 1, 2003; Ord. 1567 S 2, 2002)
12.22.060 License or Approval Letter Required
Any applicant intending to sell food or beverages must provide a copy of a Food Purveyor's
License or an approval statement issued by the Gallatin City-County Health Department with the
application for a permit under this chapter. (Ord. 1567 S 2, 2002)
12.22.070 Uses Permitted under this Chapter
A. It is the permittee's responsibility to place any encroachments allowed under this
chapter in a manner which ensures safe pedestrian and vehicular travel. All items
XII-17 10/2005
permitted pursuant to this chapter shall be placed not less than two (2) feet from the
curb, leave a minimum of five (5) feet of sidewalk aisle clear and shall not interfere
with vehicular sight triangles as set forth in Title 18 of this code, and as necessary
for safe vehicular traffic. Additionally, all encroachments permitted under this
chapter will be built and maintained in such a manner as to ensure the safety of the
public.
S. Permits may be issued under this chapter for the following uses:
1. Benches:
Any benches must be placed flush to the corresponding building
and must not project more than three (3) feet into the sidewalk.
2. Portable signs:
These signs must not exceed a height of five (5) feet or a width of
three (3) feet, placed adjacent and perpendicular to the
corresponding building and within four (4) feet of the business
entrance;
3. Sidewalk Displays:
With the exception of kiosks, displays must be placed flush
against the building, must not exceed six (6) feet in height, and
must be within four (4) feet of the business entrance;
4. Kiosks:
kiosks must not exceed eight (8) feet in height and must be
placed in a manner so as not to interfere with free flow of
pedestrian and vehicular traffic;
5. Bike Racks:
Bike racks must not exceed a ten (10) bike capacity with five (5)
bikes per side and be placed so the parked bikes run parallel with
the street;
6. Sidewalk Vending Carts:
The Cart must be no more than three (3) feet wide, must be
placed within 4.5 feet of the store face and may operate between
6:00 a.m. and 9:00 p.m. or until sunset whichever occurs first. All
signage must be attached to the cart and shall not exceed 6 feet
in length. The City, at its discretion and upon request, may allow
the use of a portable sign. Vending carts will be allowed on
Mendenhall, Main, and Babcock Streets only and not more than
one cart will be allowed per city block face.
7. Tables and chairs:
XII-18 10/2005
Tables used for the primary purpose of consuming food or
beverages must be no more than four (4) feet wide and set in a
manner so that the chairs shall not extend more than five (5) feet
into the Right of Way;
8. Hanging pots:
Pots for flowers or other miscellaneous items may be hung from
the rods extending from the light poles only. The bottoms of all
pots must not be any lower than seven (7) feet and shall not block
streets signs in any manner;
9. Miscellaneous items:
The Director of Public Service may permit other items as deemed
appropriate. The director shall place what restrictions the director
deems necessary to ensure the safe passage for pedestrian and
vehicular traffic. (Ord. 1567 S 2, 2002)
12.22.080 Notification of Name or Address Change
All permittees will ensure that a current and correct name, residential address, and mailing
address are on file with the director. Should either the permittee's name, business name, or
permittee's address provided on the application change, the permittee must notify the director
within five (5) working days of such change and provide the same with the accurate information.
(Ord. 1567 S 2, 2002)
12.22.090 Littering and Trash Removal.
A. Permittees will keep the sidewalks, roadways, and other spaces adjacent to their
sites or locations clean and free of paper, peelings, and refuse of any kind
generated from the operation of their businesses.
B. Permittees engaged in food vending will make available a receptacle for litter. The
permittee will regularly empty and maintain the receptacle and mark it appropriately
to provide proper notice to the pUblic of its purpose. Upon ceasing operations for the
day, Permittees will ensure the area immediately adjacent to the site is thoroughly
clean and free of debris. Finally, Permittees must remove all debris and trash from
the area and will not use trash receptacles without permission from the owner. (Ord.
1567 S 2, 2002)
12.22.100 Special Event or Temporary Permits
The director may issue a temporary permit for special or temporary events which may take
place in the downtown area, including but not limited to "Crazy Days," "Taste of Bozeman," and
"Music on Main." Should the director determine a temporary permit is applicable for any reason,
the director may waive any of the requirements set forth in this chapter the director feels are
inapplicable or contrary to the purposes of this chapter. (Ord. 1567 S 2, 2002)
12.22.110 Suspension and Revocation of License
A. The director may suspend or revoke any permit issued under this chapter for any
of the following reasons:
1. Fraud, misrepresentation, or a knowingly false statement contained in the
application for the permit;
XII-19 10/2005
2. Conducting any activity in any manner contrary to the conditions of the
permit;
3. Conducting any permit activity in such a manner as to create a public
nuisance, cause a breach of the peace, constitute a danger to the public
health, safety, welfare or morals, or interfere with the rights of abutting
property owners;
4. Failure to regularly empty and maintain a litter receptacle;
5. Cancellation of the Gallatin City-County Health Department's authorization
for a food or beverage vending unit; or
6. Failure to comply with any provision in this chapter.
S. Should the director decide to exercise the rights given under this chapter, notice
may be delivered in person or mailed to the address provided on the application.
The director shall state all reasons for the decision to revoke or suspend the permit
and the length of the suspension, if any.
C. The permittee will have three (3) days from the date of receipt of the letter to file a
written response to the director's letter or to remove all items from the City's
sidewalk. Failure to respond to the director's letter or to remove the items from the
City's sidewalk will be cause for the director to order the property removed by local
law enforcement or the Code Compliance Officer. The property shall be considered
evidence and will not be returned until the resolution of any citations issued under
BMC.
D. Should the permittee fail to pick up the letter for a period of five (5) working days
after it has been mailed, the director may then direct the Code Compliance Officer
or law enforcement to remove the permittee's property from the City's sidewalks.
E. Should the director determine the permittee's property presents a safety hazard or
requires an immediate remedy including but not limited to sidewalk maintenance,
then in that event, the director may order the property removed immediately by local
law enforcement or the Code Compliance Officer. (Ord. 1567 S 2, 2002)
12.22.130 Appeal Procedure
Any permittee will have the right to appeal the denial, suspension, or revocation of any permit
to the City Manager. The permittee will make the appeal within ten (10) days after receiving
notice of the denial, suspension, or revocation by filing a written notice with the City Manager.
(Ord. 1567 S 2, 2002)
12.22.140 Enforcement - Penalties
In addition to the foregoing, it is a misdemeanor for any person to violate the provisions of
this chapter. All violators shall be subject to general penalties as defined by S1.16.01 0, BMC.
Upon conviction, the court shall order the permit revoked for the remainder of the year in addition
to any other sentence imposed by the court. (Ord. 1567 S 2,2002)
XII-20 10/2005
Chapter 12.24
SNOW REMOVAL FROM SIDEWALKS
Sections:
12.24.010 Definitions
12.24.020 Snow and Ice to Be Removed from Sidewalks
12.24.030 Depositing of Snow and Ice Restricted
12.24.040 Violations - Civil Penalty and Collection
12.24.045 Appeals
12.24.050 Criminal Penalties
12.24.060 Legislative Intent
12.24.010 Definitions
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. "Person" means any individual, business association, partnership, corporation, or
other legal entity.
B. "Lot" means a parcel of land occupied or intended for occupancy by one main
building together with its accessory buildings and which may include more than one
platted lot.
C. "Front lot line" means the front boundary line of a lot bordering on the street and, in
the case of a comer lot, may be either frontage.
D. "Rear lot line" means the rear boundary line or lines of a lot located opposite its
front lot line.
E. "Street" or "highway" means the entire width between the exterior boundary lines of
every publicly maintained way or other public or private place adapted and fitted for
the use of the public for purposes of vehicular travel.
F. "Arterial street" means any U.S. or state numbered route, controlled access
highway, or other major radial or circumferential street or highway designated by the
City as part of its major arterial system.
G. "Roadway" means that portion of a street or highway improved, designed, or
ordinarily used for vehicular travel or parking, exclusive of the berm or shoulder.
H. "Sidewalk" means that portion of a street between the curb line, or the lateral lines
of a roadway, and the adjacent property line paved and intended for the use of
pedestrians.
I. "Business day" is any day not a Sunday or a national holiday.
J. "Business district" includes all lots located with an R-O, B-1, B-2 or B-3 district as
defined in the zoning title of the Bozeman Municipal Code excepting, however,
those lots which are occupied solely by one or more dwelling units.
K. "Business hours" are the hours between nine a.m. and five p.m. on any business
day.
L. The "director" is the Director of Public Service (works) or his duly designated and
acting representative.
M. The "City" is the City of Bozeman. (Ord. 117 S I (part), 1985)
12.24.020 Snow and Ice to Be Removed from Sidewalks
A. Every owner of land within the city fronting or abutting on a paved sidewalk shall
remove and clear away, or cause to be removed and cleared away, any snow and
ice from that portion of the sidewalk in front of or abutting the building or lot of land.
XII-21 10/2005
. un .n ._... ...__.____....._ -.--.---- -.--.--
1. Sidewalks which front on or abut both the rear lot line of a lot and an
arterial street shall be excepted from this chapter.
2. Except as provided in Subsection B and regardless of the manner in which
the snow or ice is deposited on sidewalks, all snow and ice shall be
removed from sidewalks in all business districts within the city by nine a.m.
of the next business day, by twelve noon of the next nonbusiness day or
within four business hours after any snow or ice deposit, whichever period
is shorter.
3. Except as provided in Subsection B and regardless of the manner in which
the snow and ice are deposited, all snow and ice shall be removed from all
other sidewalks within the city within the first twenty-four hours after any
snow or ice deposit..
B. However, in the event the Director of Public Service determines the snow and ice
on a sidewalk cannot be reasonably removed, the director may require the use of
sand or other suitable substance to make pedestrian travel reasonably safe. This
request will be complied with within the time set forth in Subsection A. In that event,
however, the sidewalk will be thoroughly cleaned as soon as the weather permits.
(Ord. 1529 S 1, 2000; Ord. 1171 S 1 (part), 1985)
12.24.030 Depositing of Snow and Ice Restricted
No person shall deposit or cause to be deposited any accumulation of snow or ice on or
against a fire hydrant or on any sidewalk, roadway, curb, or gutter, any loading and unloading
area of a public transportation system or any area designated for use by emergency vehicles for
access. (Ord. 1171 S 1 (part), 1985)
12.24.040 Violations - Civil Penalty and Collection
A. Should any person fail to clear away or treat with abrasives and subsequently clear
away any snow and ice from any sidewalk as required, the director may, as soon as
practicable after such failure, have the sidewalks cleared.
B. The director shall record the name of the property owner, the legal description and
street address of the lot(s), the exact dates and costs of all snow removal done in
accordance with this section including but not limited to the costs of private
contractors hired for such purpose and administrative costs.
C. Each person who fails to clear the sidewalk as required herein and thus requires the
city to perform the work in accordance with this section shall be liable to the city for
the cost of such work plus a civil penalty of thirty dollars or twenty percent of such
costs, whichever is greater.
D. The director or a designated representative shall give the property owner(s) written
notice of the amount owed to the city as soon as practicable following the
completion of the work. The payment of such amount may be enforced through suit
for collection or by levying an assessment on the premises or both.
E. In the event of assessment, the City Commission shall annually adopt a resolution
levying an assessment and tax against each lot or parcel of land fronting or abutting
on the sidewalks ordered cleared by the director in accordance with the provisions
of this chapter. All assessments levied shall be charged simple interest at the rate
of ten percent per year from the date the work is performed until the assessment is
fully paid and satisfied. (Ord. 1529 S 2, 2000; Ord. 1171 S 1, (part), 1985)
12.24.045 Appeals
The Director of Public Service shall develop a program allowing all landowners assessed in
accordance with this chapter to appeal the assessment. Property owners wishing to appeal the
assessment will submit their appeal to the Director of Public Services or a designated
XII-22 10/2005
representative within thirty days of the date of the first notice required in 12.24.040(D) herein or
five working days prior to the City Commission meeting at which the assessment is being
considered, whichever is sooner. (Ord. 1529 S3, 2000)
12.24.050 Criminal Penalties
Any person who violates any provision of this chapter shall be deemed guilty or a
misdemeanor and upon conviction shall be fined in an amount of not more than five hundred
dollars or be imprisoned in the county jail for a term not to exceed six months, or both. Each day
such violation is committed or permitted to continue shall constitute a separate offense and shall
be punishable as such. (Ord. 1529 S 4, 2000; Ord. 1171 S 1 (part), 1985)
12.24.060 Legislative Intent
It is the intent of the City Commission that the criminal offenses listed in this Chapter 12.24
be offenses involving absolute liability. Those offenses shall not require proof of anyone of the
mental states described in Subsections (33), (37), and (58) of Section 45-2-1 01, MCA. (Ord. 1171
S 1 (part), 1985)
XII-23 10/2005
Chapter 12.26
PARK REGULATIONS
Sections:
12.26.010 Intent
12.26.020 Definitions
12.26.030 Park Prohibitions
12.26.040 Park Use
12.26.050 Permits
12.26.060 Hours of Operation
12.26.070 Traffic Control
12.26.075 Regulations Pertaining to Wheeled Recreational Devices
12.26.077 Skateboard Facility Regulations
12.26.080 City Commission - Park Development
12.26.010 Intent
The provisions of this chapter shall apply to all park lands in the city, whether dedicated,
deeded, or otherwise acquired for park purposes. (Ord. 1278 S 1, 1989)
12.26.020 Definitions
For the purposes of this chapter, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
A. "Animal" means all living creatures, domesticated or wild, including mammals, fish,
reptiles, amphibians, and birds.
B. "City" is the City of Bozeman.
C. "Director" shall mean the director of publiC service or his designee.
D. "Domestic animals" are those which live in or about the habitations of people or
which contribute to the support of people and include but are not limited to the
following:
horses, cows, sheep, ducks, geese, chickens, dogs, cats, goats and
other tamed animals.
E. "Fireworks" shall mean any combustible or explosive composition or any substance,
combination of substances, or article prepared for the purpose of producing a visible
or audible effect by combustion, explosion, deflagration, or detonation, or any
device containing explosive or flammable compound, whether solid, liquid, or
gaseous in form.
F. "Park" is a park, playground, recreation complex, or any other area in the city,
developed or undeveloped, owned or used by the City, and devoted to active or
passive recreation.
G. "Person" is any individual, firm, partnership, association, corporation, company, or
organization of any kind.
H. "Vehicle" is any device in, upon or by which any person or property may be
transported or drawn including snowmobiles. The term shall include any trailer in
tow of any size, kind or description. Exception is made for bicycles, baby strollers
and carriages, wheelchairs, and vehicles in the service of the City Parks and
Recreation division. (Ord. 1278 S 2, 1989)
XII-24 10/2005
12.26.030 Park Prohibitions
It is unlawful for any person in a park to:
A. Mark, deface, disfigure, injure, tamper with, or displace or remove any buildings,
bridges, tables, benches, fireplaces, grills, railings, paving or paving material, water
lines, equipment, signs, drinking fountains, swimming or wading pools, or other park
property, improvements, or appurtenances whatsoever, real or personal;
B. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary
condition. No person over the age of six years shall use the restrooms and
washrooms designated for the opposite sex;
C. Dump dirt, grass, and tree clippings or dig, remove, plant, or deposit any soil, rock,
sand, stones, trees, shrubs or plants, or other wood or materials, or make any
excavation by tool, equipment, or other means or agency except as authorized by
the director;
D. Construct or erect any building or structure of whatever kind, whether permanent or
temporary, or run or string any public utility into, upon, or across park property,
except on special written permit issued hereunder;
E. Damage, cut, carve, mark, transplant, or remove any plant, or injure the bark, dig
in, or otherwise disturb grass areas, or, in any other way injure the natural beauty
or usefulness of any area;
F. Climb any tree or; walk, climb, stand, or sit upon buildings, monuments, statues,
vases, planters, fountains, railings, fences, or upon any other structure not
designated or customarily used for such purpose;
G. Attach any rope, cable, structure, device, or other contrivance to any tree, fence,
railing, bridge, bench, building, or other structure unless otherwise posted. This
prohibition does not include locking bicycles to the foregoing mentioned structures
as long as no damage is done to the structure, so long as the bicycle does not
interfere with the use and enjoyment of the park by others, and so long as the
bicycle is not locked to the structure for a period of time not to exceed twenty-four
hours;
H. Litter or fail or refuse to deposit litter in provided garbage receptacles. Where
receptacles are not provided, all such rubbish or waste shall be carried away from
the park by the person responsible for its presence, and properly disposed of
elsewhere;
I. Break glass objects and then fail to remove broken glass and safely dispose of the
broken glass in such fashion so as not to cause injury to persons or property;
J. Cause or permit any domestic animal to run loose, or fail to keep such animal under
restraint, in any park or other open space area designated by the Commission as
an area requiring restraint. Further, every owner or person having custody of said
dog or other domestic animal shall remove and properly dispose of the animal's
solid waste (fecal material);
K. Tie or hitch an animal to any tree or plant;
L. Pasture or pen any animal, domesticated or wild, except as authorized by the
director;
M. Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot, orthrow missiles
at any animal, nor remove from the park or have in his possession any animal, or
the eggs or nest, or young of any animal. Exception to the foregoing is made in that
snakes known to be poisonous may be killed on sight. Exception is further made
to fishing where allowed by the Montana Department of Fish, Wildlife, and Parks.
This regulation does not apply to officers of state or local government duly acting
within the course and scope of their duties;
N. Ride a horse except on designated horse trails;
XII-25 10/2005
O. Start a fire except in facilities installed and provided for such purpose, or to fail to
completely extinguish a fire upon leaving the park;
P. Camp overnight except in designated camping areas;
O. Display, offer to sell, or sell any article or service without first obtaining a permit from
the director;
R. Bring or discharge any firearm, air gun, bow and arrow, slingshot, atlatl, spear,
boomerang, or any other form of potentially dangerous weapon into the park;
S. Be in the park after being closed, either because of the night closure or closure
following public notice or posting;
T. Possess or bring fireworks into the park, or cause the fireworks to be ignited or
exploded in the park;
U. Skateboard, roller~skate, in-line skate, ride a bike, or similar recreational device with
wheels on any tennis court or in any drained swimming pool;
V. Operate a skateboard, roller-skate, in-line skate, or ride a bike or similar recreational
device with wheels on or against any City-owned table, bench, structure, tennis
court, bike rack, parking stop, retaining wall, fountain, statue, railing, stage, or other
improvement which may suffer damage by such use;
W. Operate a skateboard, roller-skate, in-line skate, or ride a bike, or similar
recreational device with wheels on or in any pavilion, except as authorized by
Section 12.26.075;
X. Practice golf with real golf balls in any park; or
Y. Drive, operate, or park any vehicle or trailer on park lands or trails, except as
authorized by the director. (Ord. 1518 S 1, 2000; Ord. 1463 S 5, 1998; Ord. 1278 S
3, 1989)
12.26.040 Park Use
Unless reserved according to the park reservation procedure adopted by the director, the use
of the park or portion thereof by the public shall be on a first-come, first.served basis. (Ord. 1278
S 4,1989)
12.26.050 Permits
For the purpose of maintaining control of park usage, the following regulations are adopted
in the public interest to establish a set of standards and procedures for issuing permits to sell
articles or services in connection with a community-oriented event approved by the City
Commission:
A. A person seeking issuance of a permit to sell articles or services, shall file an
application with the following information not earlier than twelve months before the
date requested:
1. Name, age, telephone number, and address of applicant;
2. Name and address of sponsor of activity;
3. Day and hours for which permit is desired;
4. The park or portion thereof for which the permit is desired;
5. Purpose of the request for permit or nature of activity;
6. Name and address of person responsible for cleanup, if different from
applicant or sponsor.
S. No application will be considered unless accompanied with a non-refundable fee,
if any, as established by the director.
XII-26 10/2005
C. The City, through the director or Police Department, shall have the authority to
revoke a permit upon a finding of any violation of any rule or ordinance or upon
good cause shown.
D. A person or group of persons issued a permit hereunder must abide by the
restrictions placed upon the permit, as well as all state and local laws and
ordinances.
E.
1. The standards for issuance of a permit here under shall include the
following findings:
a. That the proposed activity or use of the park is appropriate for the
named park and will not unreasonably interfere with or detract
from the public's use and enjoyment of the park;
b. That the proposed activity or uses that are reasonably anticipated
will not include violence, crime, or disorderly conduct;
c. That the proposed activity will not entail extraordinary or
burdensome expense on the City or;
d. That the facilities desired have not been reserved for other use on
the date and hour requested in the application.
2. Applications meeting these standards will be issued on a first-come,
first-served basis.
F. An applicant for a permit may be required to submit evidence of liability insurance
covering injuries and property damage to members of the public arising out of such
permitted activity in such amounts as may be determined from time to time prior to
the commencement of the permitted activity.
G. The person or persons to whom a permit is issued shall be liable for any and all
loss, damage, or injury caused to or sustained by any person or the city associated
with the use of the permit issued hereunder. (Ord. 1278 ~ 5, 1989)
12.26.060 Hours of Operation
A. Hours. All parks shall be open to the public every day of the year subject to the
exceptions established herein.
S. 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. (Ord. 1278 S 6, 1989)
12.26.070 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.
S. 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. (Ord. 1278 ~ 7, 1989)
12.26.075 Regulations Pertaining to Wheeled Recreational Devices
A. No person shall use or place a ramp, jump, or any other device used to force a
skateboard, roller-skate, in-line skate, bike, or similar recreational device with
wheels off the pavement on the grounds of any City-owned parking lot, park or
sidewalk.
XII-27 10/2005
B. The City Commission may, by resolution, designate areas within city parks in which
operation of skateboards, roller-skates, in-line skates, bikes, and similar recreational
devices with wheels is permitted during specified times.
C. The operation of skateboards, roller-skates, in-line skates, bikes, and similar
recreational devices with wheels may also be permitted in designated areas during
specially authorized events pursuant to Section 12.26.050. (Ord 1518 S 2, 2000)
12.26.077 Skateboard Facility Regulations
A. No person shall use or place additional obstacles or other materials, such as ramps,
jumps, or any other device onto any City-owned skateboard facility.
B. Bicycles, scooters, and motorized vehicles are prohibited from using any City~owned
skateboard facility.
C. The hours of operation for skateboard facilities shall be commensurate with the
operation of all other park facilities and shall be clearly posted. All skateboard
facilities will be closed during periods of inclement weather.
D. The use of food or drink is prohibited on the skating surface of all skateboard
facilities. (Ord. 1546 S 1, 2001)
12.26.080 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. (Ord. 1278 S 8, 1989)
XII-28 10/2005
Chapter 12.28
PUBLIC CONCERTS
Sections:
12.28.030 Band Concerts Provided by City
12.28.040 Contract with Band Authorized
12.28.050 Levy for Band Concert Fund
12.28.030 Band Concerts Provided by City
The City shall provide public band concerts for the entertainment of the people of the city,
and pay therefor out of any monies which may be in the fund created by Section 12.28.050 of this
chapter. Such concerts shall be given at such place or places and at such time or times as may
be designated by the Commission, or as may be designated by the Mayor with the consent of the
Commission, provided that such concerts shall not be given more than twice each week, and
provided further that no band shall be employed to give such concerts except a band having its
headquarters in Bozeman. (Prior code S 8.04.010)
12.28.040 Contract with Band Authorized
The Commission may from time to time enter into a contract with any band having its
headquarters in the city, through its proper officers or managing head, to furnish during any year
or part of a year, a certain number of concert entertainments at a price to be agreed upon for the
whole number of concerts, or for concerts at an agreed price of so much each. (Prior code S
8.04.020)
12.28.050 Levy for Band Concert Fund
It shall be the duty of the City Commission to levy upon all the taxable property within the city
a tax not exceeding one mill on the dollar in each year, on the assessed value of the taxable
property of the City, to be collected the same as other taxes and paid into a fund to be known as
the "band concert fund" of the city, for the purpose of providing band concerts. The same shall
be expended by warrants properly drawn on the fund in payment for the pUblic band concerts for
the entertainment of the people of the city. (Prior code S 8.04.030)
XII-29 10/2005
Chapter 12.30
TREES AND OTHER VEGETATION
Sections:
12.30.010 Definitions
12.30.020 City Forester
12.30.030 Master Street Tree Plan
12.30.040 Arboricultural Specifications and Standards
12.30.050 Hazards and Public Nuisances
12.30.060 Cost of Planting, Removing, Maintaining, and Protecting Trees and Shrubs
12.30.070 Tree Service Businesses and licensing
12.30.080 Enforcement
12.30.010 Definitions
For the purpose of this chapter, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the singular
include the plural. The word "shall" is mandatory and not merely directory.
A. "Board" means the appropriate advisory board, such as cemetery, park or tree
board, appointed by the City Commission and charged with the overseeing of a
particular public area.
S. "City Forester" means the superintendent in charge of forestry or designee,
assigned as part of the professional staff of the forestry division to implement this
chapter and carry out its enforcement.
C. "Hazard" means a tree, or parts thereof, that by some natural cause or accident,
becomes an immediate threat to life or property.
D. "Large tree" means trees attaining a mature height of twenty-five feet.
E. "Maintenance or maintaining" means and includes but is not limited to pruning,
fertilization, insect and disease controlling, guying, cabling, bracing, and repair of
trees.
F. "Person" means any individual, corporation, partnership, joint venture, association,
or any group of organized persons, including state and local governmental agencies
thereof.
G. "Public area" means Sunset Hills Cemetery, public ways, city parks, and all other
lands owned, leased, managed or occupied by the city.
H. "Public nuisance" means any tree or shrub or part thereof upon private or public
property which is:
dead or dying; interfering with the use of public property by reason of
its location or condition; by reason of location or condition constitutes
an imminent danger to the health, safety, or welfare of the general
public or which obstructs the free safe passage of pedestrian or
vehicular traffic, or obstructs a street light or sight triangle; or
harboring insects or diseases which reasonably may be expected to
injure or harm other trees or shrubs.
I. "Public way" means all city property deeded or recorded as public streets, roads,
boulevards, alleys, sidewalks, and parking strips.
J. "Sight triangle" means the area on the publiC way as described in the Bozeman
zoning code.
K. "Small tree" means trees attaining a mature height of less than twenty-five feet.
XII-30 10/2005
L. "Street level" means the highest point of elevation of the finished surface of the
street.
M. "Street tree" means trees planted in the public way.
N. "Tree service business" means any person engaged in one or more of the following
activities for profit:
1. Diagnoses the condition of trees or shrubs;
2. Recommends or supervises treatment of trees or shrubs;
3. Treats trees or shrubs by feeding, fertilizing, pruning, topping, trimming,
cutting, or bracing; or
4. Treats cavities in trees or shrubs. This definition shall include any person
who is deemed by the City to be an "arborist" or "tree expert." The term
"tree" shall also include a stump. (Ord. 1365 S 1 (part), 1993)
12.30.020 City Forester
The City Forester with input from the Tree Advisory Board shall have the following
responsibilities and duties:
A. Administer, direct, manage, supervise, and control all the various city tree programs;
the forestry division; the establishment and maintenance of professional standards,
training, titles, and certification for forestry division personnel; and the forestry
budget;
B. Within two years of the passage of the ordinance codified in this chapter, develop
and periodically review and revise, as necessary, the arboricultural specifications
manual. This manual shall contain regulations and standards supplementing this
chapter for establishing the valuation and appraisal of trees and shrubs, and the
planting, maintenance, and removal of trees and shrubs upon all city-owned
property;
C. Enforce or cause the enforcement of the provisions of this chapter. (Ord. 1365 S 1
(part), 1993)
12.30.030 Master Street Tree Plan
The City Forester and the Tree Advisory Board, with a public hearing and approval by the City
Commission, shall develop a master street tree plan which shall include but not be limited to a
city-wide, street-by-street written evaluation of all space and site factors which aid in the
determination of the tree species best suited to a particular planting site in regard to growing
habits, shape, form, health, disease, and pest resistance, conflicts with wires, lights, pavement,
traffic, pedestrians, sidewalks, environmental pollution, sewers, and space availability. The
master street tree plan shall also include a plan for a cost-share tree program. From and after the
effective date of the master street tree plan, or any amendment thereof, all planting shall conform
thereto. (Ord. 1365 S 1 (part), 1993)
12.30.040 Arboricultural Specifications and Standards
The following specifications and standards are established for the removal, planting,
trimming, maintenance, and care of trees and shrubs in the public area:
A. Removing.
1. No person shall remove a tree or shrub without first obtaining a permit and
paying any permit fee established by resolution of the City Commission.
2. All trees and shrubs which are marked for removal shall be completely
removed from the growing site and disposed of in an authorized manner,
XII-31 10/2005
as determined by the City Forester. The stump shall be ground out to a
depth suitable for future planting of turf.
3. Any person may make a request to the City Forester for a tree to be
removed. The City Forester's decision to approve removal of a tree shall
be based on its detriment to the community, due to disease, insect
damage, or other damage which creates a hazard to the public health,
safety, and welfare. Any person aggrieved by the City Forester's decision
to remove or not remove the tree may then apply to the appropriate board
having jurisdiction over the public area to overturn the City Forester's
decision, except when the City Forester determines the tree to be a
hazard. The person may appeal the board's decision to remove or not
remove the tree to the City Commission.
4. If said tree is to be removed, full compensation for the cost of removal and
the value of the tree will be paid by persons requesting removal.
B. Planting.
1. No tree shall be planted without first obtaining a permit from the City
Forester and paying any permit fee established by resolution of the City
Commission. No tree with a mature height in excess of twenty-five feet
shall be planted under any utility line.
2. All street trees shall be planted in line with each other and at a spacing of
a minimum of thirty feet on center for large trees and twenty~five feet on
center for small trees.
3. Single-stem canopy trees may be permitted in sight vision triangles,
provided that mature trees do not significantly affect safe driving conditions
and are maintained such that no canopy foliage exists below a height of
fourteen feet from street level.
C. Trimming.
1. No person, except for city crews or licensed arborists with which the City
has contracted for tree trimming services, shall trim a tree without first
obtaining a permit and paying any permit fee established by resolution of
the City Commission.
2. All trees and shrubs, including trees and shrubs on private property, which
have branches overhanging a public street, shall have said branches
trimmed to a minimum clearance height of fourteen feet above the parking
lane, unless the City Forester determines the clearance at this location
would be detrimental to pUblic safety. All trees and shrubs, including trees
and shrubs on private property, which have branches overhanging a public
sidewalk, shall have said branches trimmed to minimum clearance height
of nine feet, unless the City Forester determines the clearance at this
location would be detrimental to public safety. The City Forester may waive
the provisions of this section if the City Forester determines that the tree
or shrub does not interfere with public travel, obstruct the light of any street
light, or endanger public safety.
3. All dead wood, stubs, broken branches, badly formed branches,
disease-infected, and insect-infested branches interfering with public
travel, lighting, existing buildings, and traffic signs shall be removed with
consideration given to the symmetry and beauty of the tree or shrub.
4. Topping of trees is prohibited.
D. Maintenance and Duty to Avoid Damage to Trees and Shrubs.
1. No person or animal under any person's control shall break, injure,
mutilate, kill, or destroy any tree or shrub; permit any fire to injure any
XII-32 10/2005
portion of any tree or shrub; or permit any toxic chemical to seep, drain, or
be emptied on or about any tree or shrub.
2. During building operations the builder shall erect suitable protective
barriers around public trees and shrubs which may be injured. If any tree
is damaged or must be removed during construction, the person causing
the removal of a tree shall replace the tree with a tree of equal value or pay
the value of the tree as established by the Bozeman street tree analysis
and recommendations, dated December 11, 1990, and amendments
thereto, until updated through adoption of the arboricultural specifications
manual.
3. It shall be the duty of the abutting property owner and tenant to maintain
all street trees and vegetative growth in front of and adjoining their property
and keep them free of becoming a public nuisance or hazard.
E. Fastening Materials to Trees and Shrubs. No person shall fasten any sign, rope,
wire, or other materials to or around or through any public trees or shrubs without
obtaining written permission from the City Forester, except in emergencies such as
storms or accidents.
F. Public Utilities. Public utility work affecting trees or shrubs shall be limited to the
actual necessities of the service of the company and such work shall be done in a
neat and professional manner and according to the arboricultural specifications
manual. The City Forester may supervise the work performed and has the authority
to stop work if not in accordance with the arboricultural specifications manual. The
public utility shall replace any tree that dies or is removed with a tree of equal value
or pay the value of the tree as established by the Bozeman street tree and park tree
analysis and recommendations, dated December 11, 1990, and amendments
thereto, until updated through adoption of the arboricultural specifications manual.
G. Planting, Removal, Maintenance, and Protection of Trees and Shrubs. All trees or
shrubs shall be planted, removed, maintained, and protected according to the
master street plan and the arboricultural specifications manual. (Ord. 1365 S 1
(part), 1993)
12.30.050 Hazards and Public Nuisances
A. It is unlawful for any person having supervision or control of any lot, tract, parcel of
land, or portion of it, occupied or unoccupied, improved or unimproved, within the
city limits to permit or maintain on any such lot, tract, or parcel, or part any tree,
shrub, or part thereof which is a public nuisance or hazard and it shall be the duty
of such person to promptly remove, eradicate, or otherwise control such condition
in accordance with this chapter and the arboricultural specifications manual.
B. Trees and Shrubs in Public Areas. If the City Forester determines, with reasonable
certainty upon inspection or examination, any tree or shrub exists in or upon any
public area in a hazardous condition or as a public nuisance, the City Forester shall
immediately cause it to be treated, trimmed, removed, or otherwise abated in such
manner as to prevent the spread of the hazard. The manner in which the hazard
shall be abated, shall be determined by the City Forester.
C. Trees and Shrubs on Private Premises. If the City Forester determines, with
reasonable certainty, upon inspection or examination, that any tree or shrub exists
in or upon any private premises in a hazardous condition or as a public nuisance,
the City Forester shall immediately, in writing, notify the owner or tenant having
charge of such premises of the existence of the public nuisance or hazard and issue
said owner or tenant an order detailing the requirements of and the reasons for the
abatement to be completed within a reasonable time to be specified in the order, but
not less than fifteen days. If the owner cannot be found, a copy of said notice shall
XII-33 10/2005
be placed upon said infected tree or shrub. The owner may appeal the order of the
City Forester to the City Commission within the time specified for abatement in the
order. The appeal shall be filed with the City Clerk and the appeal shall be placed
upon the Commission agenda as soon as practicable. Until a final determination by
the City Commission, work required to be done by the City Forester shall not be
required, and if the City Commission sustains all or any part of the order, it shall set
the time within which the work required to be done shall be completed.
D. Abatement at Owner's Expense. In the event that the public nuisance or hazard is
not abated by the date specified in the notice or specified by the City Commission,
the City Forester is authorized to cause the abatement of said nuisance. The
reasonable cost of such abatement shall be filed as a lien against the property on
which the public nuisance or hazard was located. (Ord. 1365 S 1 (part), 1993)
12.30.060 Cost of Planting, Removing, Maintaining, and Protecting Trees and Shrubs
The entire cost of planting, removing, maintaining, and protecting trees and shrubs on all
public areas and public ways of the city, when done by city employees or their contractors at the
direction of the City Forester, shall be borne by the City out of the tree maintenance district fund
and from funds donated specifically for this purpose. When a private party other than the city, with
appropriate permit, plants, removes, maintains, or protects trees and shrubs, the private party
shall incur all expenses. (Ord. 1365 S 1 (part), 1993)
12.30.070 Tree Service Businesses and Licensing
A. License Required. Any person who engages in the tree service business within the
corporate limits of the city shall first obtain International Society of Arboriculture
(ISA) certification, or an equivalent, and obtain and maintain a city license in
accordance with Title 5 of the Bozeman Municipal Code. If a license or permit to
engage in the tree service business is required by the State of Montana, the
issuance of a state license shall be a prerequisite to the issuance of a city license.
The licensee shall display the license to any of its customers or city officials upon
demand. The City may suspend or revoke a license when the tree service business
violates any provision of Chapter 5.04; this chapter; any ordinance provisions
relating to the health, safety, and welfare of the citizens of Bozeman; or secures any
license by fraud or misrepresentation to include false or incorrect information on the
license application. The procedure for license suspension or revocation is set forth
in Sections 5.04.180 and 5.04.190 of the Bozeman Municipal Code.
S. Insurance and Bond. Any applicant for a tree service business license shall provide
at the time of application a certificate of insurance showing insurance coverage for
general liability, automobile liability, worker's compensation, and other coverages
required by law in minimum amounts set by the City Commission resolution. The
certificate of insurance shall name the city and its officials and employees as
additional insured for work on public lands. The applicant shall also provide a street
obstruction bond in an amount set by the City Commission resolution for work to be
performed within any public street, alley, or right-of-way in the city.
C. License Exemptions. Any person acting within the scope of his or her employment
with any public utility, with the city or with any governmental entity shall be exempt
from the licensing provisions of this chapter. However, the public utility or the
governmental entity, except for the City of Bozeman, desiring to do work on trees
or shrubs located in public areas shall be required to obtain a permit to do such
work as required by Section 12.30.040.
D. Protection of Utilities. A licensee shall, before commencing work on any tree or
shrub, determine the location of utility facilities, including water and sewer lines, and
shall be responsible for contacting any joint utility locator entity in operation for
XII-34 10/2005
sub-surface work or, if such entity is not in operation or does not provide service for
aboveground work, each utility or entity owning such facilities. This section applies
to overhead and underground facilities.
E. Permit for Removal of Trees on Public Right-of-Way. At least forty-eight hours prior
to engaging in any work (except in the case of a hazard), a licensee shall apply for
a permit to do any work on any tree or shrub which is located in any public area. The
permit application shall be filed with the City Manager or the City Manager's
designee on a form provided by the City. The application shall contain any
information required by the City for processing the application, including the scope
and nature of the work to be performed on the specified tree or shrub. The City shall
issue the requested permit only if the proposed work complies with all applicable
laws and ordinances, any master street tree plan, any urban forestry plan, and any
arboricultural specification manuals adopted by the City and upon payment of permit
fee as established by City Commission resolution.
F. Debris Removal. A licensee shall clean the work site and remove any debris after
completing any work on public or private property, including the removal of
branches, twigs, and chips.
G. Stump Removal. All stumps on public rights-of-way shall be removed to a depth of
at least eight inches, and all holes remaining from the stump removal shall be filled
with dirt and covered with appropriate groundcover.
H. Power Equipment. All power equipment used by a licensee shall include
reasonable safety devices to protect employees and other persons. (Ord. 1365 S 1
(part), 1993)
12.30.080 Enforcement
A. Authority of City Forester to Enter Private Premises. The City Forester is charged
with enforcement of this chapter and to that end may enter upon private premises
at any reasonable times for the purposes of examining and inspecting any
suspected public nuisance or hazardous tree or shrub in order to carry out duties
assigned under this chapter; provided that the City Forester first makes a
reasonable effort to locate and notify the owner or other persons who have charge
or control of premises and demand entry.
B. Interference with the City Forester or Staff. No person shall prevent, delay, or
interfere with the City Forester or the City Forester's assistants or agents while
engaged in or carrying out the execution or enforcement of this chapter.
C. Penalty. Any person, who violates any provision of this chapter or who fails to
comply with any notice or order issued pursuant to the provisions of this chapter,
upon a conviction or plea of guilty, shall be fined in an amount not to exceed five
hundred dollars or be imprisoned for any term not to exceed six months or both.
Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such hereunder. The court, also, shall
order restitution to the City for each tree or part thereof, unlawfully damaged,
destroyed, or removed. (Ord. 1365 S 1 (part), 1993)
XII-35 10/2005
Chapter 12.32
PARADES AND PUBLIC ASSEMBLIES
Sections:
12.32.010 Definitions
12.32.020 Permit Required
12.32.030 Exceptions
12.32.040 Application
12.32.050 Fees
12.32.060 Police Protection
12.32.070 Established Parade Route
12.32.080 Standards for Issuance
12.32.090 Nondiscrimination
12.32.100 Notice of Denial of Application
12.32.110 Alternative Permit
12.32.120 Appeal Procedure
12.32.130 Notice to City and Other Officials
12.32.140 Contents of Permit
12.32.150 Duties of Permittee
12.32.160 Prohibitions
12.32.170 Public Conduct During Parades or Public Assemblies
12.32.180 Revocation of Permit
12.32.190 Penalties
12.32.010 Definitions
As used in this chapter:
A. "City" means the city of Bozeman.
B. "City Manager" means the City Manager of the city of Bozeman or his/her designee.
C. "Parade" means any march, demonstration, procession, or motorcade consisting
of persons, animals, or vehicles or a combination thereof upon the streets, parks,
or other public grounds within the city with an intent of attracting public attention that
interferes with or has a tendency to interfere with the normal flow or regulation of
traffic upon the streets, parks, or other public grounds.
D. "Parade or public assembly permit" means a permit as required by this chapter.
E. "Person" means any person, firm, partnership, association, corporation, company,
or organization of any kind.
F. "Public assembly" means any meeting, demonstration, picket line, rally, or gathering
of more than twenty-five persons for a common purpose as a result of prior planning
that interferes with or has a tendency to interfere with the normal flow or regulation
of pedestrian or vehicular traffic or occupies any public area in a place open to the
general public.
G. "Sidewalk" is any area or way set aside or open to the general public for purposes
of pedestrian traffic, whether or not it is paved.
H. "Street" is any place or way set aside or open to the general public for purposes of
vehicular traffic, including any berm or shoulder parkway, right-of- way, or median
strip thereof. (Ord. 1458 S 1 (part), 1998)
12.32.020 Permit Required
No person shall engage in or conduct any parade or publiC assembly unless a permit is
issued by the City Manager. (Ord. 1458 S 1 (part), 1998)
XII-36 10/2005
12.32.030 Exceptions
This chapter shall not apply to the following:
A. Funeral processions;
B. Students going to and from school classes or participating in educational activities,
provided that such conduct is under the immediate direction and supervision of the
proper school authorities;
C. A governmental agency acting within the scope of its functions; or
D. Spontaneous events resulting in a public assembly occasioned by news or affairs
coming into public knowledge within three days of such public assembly, provided
that the organizer thereof gives written notice to the City at least twenty-four hours
prior to such public assembly. (Ord. 1458 S 1 (part), 1998)
12.32.040 Application
A. A person seeking a parade or public assembly permit shall file an application with
the City Manager on forms provided by the City and the application shall be signed
by the applicant.
B. For single, nonrecurring parades or public assemblies, an application for a permit
shall be filed with the City Manager at least ten and not more than one hundred
eighty days before the parade or public assembly is proposed to commence. The
City Manager may waive the minimum ten-day filing period and accept an
application filed within a shorter period if, after due consideration of the date, time,
place, and nature of the parade or public assembly, the anticipated number of
participants, and the city services required in connection with the event, the City
Manager determines that the waiver will not present a hazard to public safety.
C. For parades or public assemblies held on a regular or recurring basis at the same
location, an application for a permit covering all such parades or assemblies during
that calendar year may be filed with the City Manager at least sixty days and not
more than one hundred eighty days before the date and time at which the first such
parade or public assembly is proposed to commence. The City Manager may waive
the minimum sixty-day period after due consideration of the factors specified in
Subsection B of this section.
D. The application for a parade or public assembly permit shall set forth the following
information:
1. The name, address, and telephone number of the person seeking to
conduct such parade or public assembly;
2. The names, addresses, and telephone numbers of the headquarters of the
organization for which the parade or public assembly is to be conducted,
if any, and the authorized and responsible heads of the organization;
3. The requested date of the parade or public assembly;
4. The route to be traveled from the established parade route listed in Section
12.32.070 or any proposed alternate route or deviation from the
established parade routes, to include:
the location of the assembly area, the location of the disbanding
area, and route to be traveled, if not the defined route.
5. The approximate number of persons who and animals and vehicles which
will constitute such parade or public assembly and the type of animals and
description of the vehicles;
6. The hours when such parade or public assembly will start and terminate;
XII-37 10/2005
7. A statement as to whether the parade or public assembly will occupy all or
only a portion of the width of the streets proposed to be traversed;
8. The time at which units of the parade or public assembly will begin to
assemble at any such area;
9. The intervals of space to be maintained between units of such parade or
public assembly;
10. If the parade or public assembly is designed to be held by, or on behalf of,
any person other than the applicant, the applicant for such permit shall file
a letter from that person with the City Manager authorizing the applicant to
apply for the permit on his behalf;
11. The type of public assembly, including a description of activities planned
during the event;
12. A description of any recording equipment, sound amplification equipment,
banners, signs, or other attention-getting devices to be used in connection
with the parade or public assembly;
13. The approximate number of participants (spectators are by definition not
partici pants);
14. The approximate number of spectators;
15. A designation of any public facilities or equipment to be utilized; and
16. Any additional information that the City Manager finds reasonably
necessary to a fair determination as to whether a permit should issue.
(Ord. 1458 S I (part), 1998)
12.32.050 Fees
A. A non-refundable fee to cover administrative costs of processing the permit shall be
paid to the City by the applicant when the application is filed. The fee shall be set
by resolution of the City Commission.
B. If the application is for the use of any city property or if any city services shall be
required for the parade or public assembly, the applicant shall pay, prior to the
issuance of a permit, the charges for those services in accordance with a schedule
of service costs approved by the City Commission by resolution. (Ord. 1458 S 1
(part), 1998)
12.32.060 Police Protection
A. The City Manager, with advice from the Department of Public Safety-Police, shall
determine whether and to what extent additional police protection is reasonably
necessary for the parade or public assembly for traffic control and public safety. The
City Manager shall base this decision on the size, location, duration, time, and date
of the event, the expected sale or service of alcoholic beverages, the number of
streets and intersections blocked, and the need to detour or preempt citizen travel
and use of the streets and sidewalks. The speech content of the event shall not be
a factor in determining the amount of police protection necessary. If possible,
without disruption of ordinary police services or compromise of public safety,
regularly scheduled on-duty personnel will police the event. If additional police
protection for the public assembly is deemed necessary by the City Manager, he
shall so inform the applicant for the permit. The applicant then shall have the duty
to secure the police protection deemed necessary by the City Manager at the sole
expense of the applicant.
B. Persons engaging in parades or public assemblies conducted for the sole purpose
of public issue speech protected under the First Amendment are not required to pay
for any police protection provided by the city. (Ord. 1640 S 9, 2005; Ord. 1537 S 25,
2001; Ord. 1458 S 1 (part), 1998)
XII-38 10/2005
12.32.070 Established Parade Route
Downtown parade route:
A. Staging Area. Staging shall be conducted on East Main Street between Rouse and
Wallace.
B. Route of Travel. Route of travel shall commence from the staging area and travel
west on Main Street to 11 th Avenue.
C. Disband Area. Disbanding shall be conducted on West Main Street between 11 th
Avenue and 15th Avenue. (Ord. 1458 ~ 1 (part), 1998)
12.32.080 Standards for Issuance
A. The City Manager shall issue a permit, subject to any conditions he deems
necessary and reasonable, as provided for herein when, from consideration of the
application and for such other information as may otherwise be obtained, he finds
that:
1. The conduct of the parade or public assembly will not substantially interrupt
the safe and orderly movement of other pedestrian or vehicular traffic
contiguous to its route or location;
2. The conduct of the parade or public assembly will not require the diversion
of so great a number of city police officers to properly police the line of
movement and the areas contiguous thereto as to prevent normal police
protection of the city;
3. The concentration of persons, animals, and vehicles at public assembly
points of the parade or public assembly will not unduly interfere with proper
fire and police protection of, or ambulance service to, areas contiguous to
such public assembly areas;
4. The conduct of the parade or public assembly is not reasonably likely to
cause injury to persons or property;
5. The parade or public assembly is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable delays
en route;
6. Adequate sanitation and other required health facilities are or will be made
available in or adjacent to any public assembly areas;
7. There are sufficient parking places near the site of the parade or pUblic
assembly to accommodate the number of vehicles reasonably expected;
8. The applicant has secured the police protection, if any, required under
Section 12.32.060;
9. Such parade or public assembly is not for the primary purpose of
advertising any product, goods or event that is primarily for private profit,
and the parade itself is not primarily for profit. The prohibition against
advertising any product, goods or event shall not apply to the signs
identifying organizations or sponsors furnishing or sponsoring exhibits or
structures used in the parade;
10. No parade or public assembly permit application for the same time and
location is already granted or has been received and will be granted;
11. A parade or public assembly permit application for the same time but for
a different location is already granted or has been received and will be
granted, and the police resources required for that prior parade or public
assembly are so great that in combination with the subsequent proposed
application, the resulting deployment of police services would have an
XII-39 10/2005
immediate and adverse effect upon the welfare and safety of persons and
property; and
12. No event is scheduled elsewhere in the city where the police resources
required for that event are so great that the deployment of police services
for the proposed parade or public assembly would have an immediate and
adverse effect upon the welfare and safety of persons and property.
B. No permit shall be granted that allows for the erection or placement of any structure,
whether permanent or temporary, on a city street, sidewalk, or right-of-way unless
advance approval for the erection or placement of the structure is obtained from the
City Manager. (Ord. 1458 ~ 1 (part), 1998)
12.32.090 Nondiscrimination
The City Manager shall uniformly consider each application upon its merits and shall not
discriminate in granting or denying permits under this chapter based upon political, religious,
ethnic, race, disability, or gender related grounds. (Ord. 1458 ~ I (part), 1998)
12.32.100 Notice of Denial of Application
The City Manager shall act promptly upon a timely filed application for a parade or public
assembly permit but in no event shall grant or deny a permit less than forty-eight hours prior to
the event. If the City Manager disapproves the application, he shall notify the applicant either by
personal delivery or certified mail at least forty-eight hours prior to the event of his action and
state the reasons for denial. (Ord. 1458 ~ 1 (pm), 1998)
12.32.110 Alternative Permit
A. The City Manager, in denying an application for a parade or public assembly
permit, may authorize the conduct of the parade or public assembly at a date, time,
location, or route different from that named by the applicant. An applicant desiring
to accept an alternate permit shall, within five days after notice of the action of the
City Manager, file a written notice of acceptance with the city manager.
B. An alternate parade or public assembly permit shall conform to the requirements of,
and shall have the effect of, a parade or public assembly permit issued under this
chapter. (Ord. 1458 ~ 1 (part), 1998)
12.32.120 Appeal Procedure
A. Any applicant shall have the right to appeal the denial of a parade or public
assembly permit to the City Commission. The denied applicant shall make the
appeal within five days after receipt of the denial by filing a written notice with the
City Manager and a copy of the notice with the Clerk of the Commission. The City
Commission shall consider the appeal at the next regularly scheduled meeting
following the notice of appeal, provided that the receipt of the notice is received prior
to the deadline for submission of new agenda items.
B. In the event that the City Commission rejects an applicant's appeal, the applicant
may file an immediate request for review with a court of competent jurisdiction, but
in no event may the request for review be filed later than thirty days after the
Commission's rejection. (Ord. 1458 ~ 1 (part), 1998)
12.32.130 Notice to City and Other Officials
Immediately upon the issuance of a parade or public assembly permit, the City Manager shall
send a copy thereof to the following:
XII~40 10/2005
A. The Mayor;
B. The City Attorney;
C. The Director of Fire Operations;
D. The Street Superintendent;
E. The Director of Patrol; and
F. Montana Department of Transportation, if the permit is issued for a federal or state
owned highway. (Ord. 1537 ~ 26, 2001; Ord. 1458 ~ 1 (part), 1998)
12.32.140 Contents of Permit
Each parade or public assembly permit shall state the following information:
A. Name, address, and telephone number of parade or public assembly chairperson
or person leading such activity;
B. Starting and approximate ending time;
C. Minimum speed of parade units;
D. Maximum speed of parade units;
E. Maximum interval of space to be maintained between parade units;
F. The portions of the streets that may be occupied by the parade or public assembly;
G. The maximum length of the parade in miles or fractions thereof; and
H. Such other information as the City Manager shall find necessary to the enforcement
of this chapter. (Ord. 1458 ~ 1 (part), 1998)
12.32.150 Duties of Permittee
A. A permittee hereunder shall comply with all permit directions and conditions and
with all applicable laws and ordinances.
B. The parade or public assembly chairman or other person heading such activity shall
carry the parade or public assembly permit upon his person during the conduct of
the parade or public assembly.
C. The permittee or parade or public assembly chairperson or other person heading
such activity shall notify all parade or public assembly participants of the conditions
of this chapter. (Ord. 1458 ~ 1 (part), 1998)
12.32.160 Prohibitions
The following prohibitions shall apply to all parade and public assemblies:
A. It is unlawful for any person to stage, present, or conduct any parade or public
assembly without first having obtained a permit as herein provided;
B. It is unlawful for any person to participate in a parade or public assembly for which
the person knows a permit has not been granted;
C. It is unlawful for any person in charge of, or responsible for the conduct of, a duly
licensed parade or public assembly to knowingly fail to comply with any condition
of the permit;
D. It is unlawful for any person to engage in any parade or publiC assembly activity that
would constitute a substantial hazard to the public safety or that would materially
interfere with or endanger the public peace or rights of residents to the quiet and
peaceful enjoyment of their property;
E. It is unlawful for any person to carry any sign, poster, plaque, or notice, unless such
sign, poster, plaque, or notice is constructed or made of a cloth, paper, or cardboard
material;
F. It is unlawful for any person participating in a parade or public assembly to utilize
sound amplification equipment at decibel levels that exceed those limits imposed
by the Bozeman Municipal Code;
XII-41 10/2005
- ----------.-----. ~
G. It is unlawful for any person to ride, drive, or cause to be ridden or driven any animal
or any animal-drawn vehicle upon any public street, unless specifically authorized
by the permit;
H. It is unlawful for any person in a parade or public assembly to deviate from the
established parade route or the approved parade route, whichever is applicable; and
I. No parade participant shall throw, cast, or drop candy, trinkets, or any other articles.
A violation of this provision shall result in a one-hundred- dollar fine for each
occurrence. This provision does not prohibit a parade participant from handing
candy or other articles directly to the spectators provided the participant is walking.
(Ord. 1458 ~ 1 (part), 1998)
12.32.170 Public Conduct During Parades or Public Assemblies
A. No person shall unreasonably hamper, obstruct or impede, or interfere with any
parade or public assembly or with any person, vehicle, or animal participating or
used in a parade or public assembly.
B. No driver of a vehicle shall drive between the vehicles or persons comprising a
parade or public assembly when such vehicles or persons are in motion and are
conspicuously designated as a parade or public assembly.
C. No person shall advance toward or go between the vehicles comprising a parade
or public assembly when such vehicles are in motion and are conspicuously
designated as a parade or public assembly.
D. The City Manager shall have the authority, when reasonably necessary, to prohibit
or restrict the parking of vehicles along a street constituting a part of the route of a
parade or public assembly. The City Manager shall post signs to that effect, and it
shall be unlawful for any person to park or leave unattended any vehicle in violation
thereof. No person shall be liable for parking on a street unposted in violation of this
chapter. (Ord. 1458 ~ 1 (part), 1998)
12.32.180 Revocation of Permit
The City Manager shall have the authority to revoke a parade or public assembly permit
instantly upon a violation of the conditions or standards for issuance as set forth in this chapter
or when a public emergency arises where the police resources required for that emergency are
so great that deployment of police services for the parade or public assembly would have an
immediate and adverse effect upon the welfare and safety of persons or property. (Ord. 1458 ~
1 (part), 1998)
12.32.190 Penalties
Any person violating the provisions of any section of this chapter shall be guilty of a
misdemeanor and shall, upon conviction, be punished by a fine notto exceed five hundred dollars
or by imprisonment for a term not to exceed six months or by both such fine and imprisonment.
(Ord., 1458 ~ 1 (part), 1998)
XII-42 10/2005