HomeMy WebLinkAboutTitle_08 Health and Safety
Title 8
HEALTH AND SAFETY
Chapters:
8.04 Abandoned Refrigerators
8.05 Alarm Systems
8.08 Barbershops
8.12 Fireworks
8.16 Solid Waste
8.20 Meat
8.24 Milk
8.28 Nuisances
8.30 Noise
8.32 Smoking in Places of Public Assembly
8.36 Weed Abatement
8.40 Littering
8.44 Fire Control
8.48 Smoking in Public Places and Places of Employment
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Chapter 8.04
ABANDONED REFRIGERATORS
Sections:
8.04.010 Removal of Doors from Refrigerators and Certain Other Containers Required
8.04.010 Removal of Doors from Refrigerators and Certain Other Containers Required
It is unlawful for any person to leave or permit to remain outside of any dwelling, building, or
other structure, or within any unoccupied or abandoned building, structure, or dwelling under his
control, in a place accessible to children, any abandoned, unattended, or discarded icebox,
refrigerator, or other container which has a door or lid, snaplock, or other locking device which
may not be released from the inside, without first removing such door or lid, snaplock, or other
locking device. (Prior code S 6.04.010)
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Chapter 8.05
ALARM SYSTEMS
Sections:
8.05.010 Definitions
8.05.020 Audible Alarm Standards
8.05.030 Violation of Audible Alarm Standard
8.05.040 Automatic Dialing Telephone Systems Prohibited
8.05.050 Alarm Users
8.05.060 Alarm System Monitoring Companies
8.05.070 Security Alarm Verification Process
8.05.080 Unlawful Activation or Report of Alarm
8.05.090 Determination of False Alarm - Rebuttable Presumption
8.05.100 Penalty for False Alarm
8.05.120 No-response to Frequent False Alarms - Appeal of No-response
Determination
8.05.130 Violation - Penalties
8.05.010 Definitions
A. "Alarm system monitoring company" means any individual, partnership, corporation,
or other form of association that engages in the business of monitoring security
alarm systems and reporting any activation of such alarm systems to the police.
B. "Alarm user" means any individual, partnership, corporation, or other form of
association that owns or leases a security alarm system, or on whose premises a
security alarm system is maintained for the protection of the premises.
C. "Automatic dialing telephone alarm" means a security alarm system with a device
that automatically dials the Police Department emergency assistance telephone
lines without human activation of the device by the alarm user.
D. "Department" means the Bozeman Police Department.
E. "Director of Public Safety" means the Director of Public Safety of the City of
Bozeman or designee. Use of the term "director" or the initials "DPS" have the
same meaning in this chapter.
F. "Dispatch" or "response" means a discretionary decision whether to direct police
units to a location where there has been a request, made by whatever means, for
police assistance or investigation. There is no duty to dispatch under any
circumstances, including to answer an alarm signal, and all dispatch decisions are
made subject to competing priorities and available police resources.
G. "False alarm" means an alarm signal eliciting notification to, and a response by, the
police when there is no evidence of a crime or other activity that warrants a call for
immediate police assistance; and no person who was on or near the property, or
has viewed a video communication from the property, called for the police dispatch
or confirmed the need for police assistance. "False alarm" does not include an
alarm signal caused by violent conditions of nature or other extraordinary
circumstances beyond the control of the alarm user.
H. "Security alarm system" means any system, device, or mechanism for the detection
and reporting of any unauthorized entry or attempted entry or property damage upon
premises protected by the system that may be activated by sensors or other
techniques; and, when activated, automatically transmits a telephone message or
emits an audible, visible, or electronic signal that can be heard, seen, or received
by persons outside the protected premises and is intended to summon police
assistance. (Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
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8.05.020 Audible Alarm Standards
A security alarm system that emits an audible signal that may be heard outside the protected
premises shall conform to the following requirements:
A. Audible alarms shall automatically discontinue emitting the audible sound within ten
minutes after activation of the alarm.
S. Security alarm systems that do not comply with Subsection A of this section, shall
have thirty days (30) from the issuance of a Notice of Noncompliance with the
ordinance in which to make the necessary modifications to the alarm system in
order to comply with the requirement. If there is no evidence of compliance at the
end of the thirty (30) days, the system is subject to a determination under 8.05.090
and a "No Response" designation under 8.05.120 of this code. Subsequent
evidence of compliance with the alarm standards may allow for cancellation of the
action under 8.05.090 and 8.05.120 in the discretion of the Director of Public Safety.
(Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.030 Violation of Audible Alarm Standard
A. The sounding of an audible signal from a security alarm system that can be heard
continuously off the premises for more than ten (10) minutes is not an emergency
exemption to the Loud Noise Ordinance found in Title 8, Chapter 30, of this code
unless the defenses found in Section (B) below apply. A system which continuously
sounds an audible alarm under circumstances where Section (B) does not apply is
subject to the provisions of Title 8, Chapter 30, and may be cited as such.
S. It is a defense to a violation of this section that the continuous sounding of the
alarm:
1. Assisted in saving a life or avoiding injury;
2. Was caused by a malfunction of the alarm system equipment without the
alarm user's prior knowledge of the cause of the malfunction;
3. Was activated by an unauthorized entry of criminal activity. (Ord. 1639 S
1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.040 Automatic Dialing Telephone Systems Prohibited
It shall be unlawful for any individual, partnership, corporation, or other form of association
to sell, offerfor sale, install, maintain, operate, or assist in the operation of any alarm system with
an automatic dialing or digital alarm communicator feature that automatically calls the police in
the event of an alarm. (Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.050 Alarm Users
An alarm user shall:
A. Maintain the premises and security alarm system in a manner that will minimize or
eliminate false alarms;
B. Review all alarm system operating instructions, including those for verification of an
alarm;
C. Maintain a verification process, as specified in Section 8.05.070, for all monitored
security alarm systems in order to prevent unnecessary police dispatches resulting
from false alarms;
D. Notify the alarm system monitoring company of a false alarm activation as soon as
the user is aware of the false alarm;
E. Not manually activate an alarm except when needing an immediate police response
to an emergency;
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F. Provide an immediate response to the alarm site in an effort to address the alarm
cause and facilitate access to the premises. This response shall be made by the
alarm user or their authorized key holder(s);
G. Provide the alarm company with a current, accurate, maintained list of authorized
key holders. (Ord. 1639 S (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.060 Alarm System Monitoring Companies
An alarm system monitoring company engaging in business activities in the city shall:
A. Obtain all necessary business licenses as required by the City of Bozeman and
State of Montana;
B. Maintain a current record, accessible to the Director of Public Safety at all times,
that includes:
the names of the alarm users serviced by the company; the addresses
of the protected properties; the type of alarm system, original
installation date, and subsequent modifications, if any, for each
protected property; and a record of the false alarms at each property;
C. Provide the Director of Public Safety such information as may be requested
regarding:
the nature of the company's security alarms; the company's method
of monitoring the alarms; the company's program for preventing false
alarms, including educational programs for alarm users; and the
company's method for disconnecting audible alarms;
D. Provide each of its alarm system users with:
operating instructions for the alarm system, including an explanation
of the alarm company's alarm verification process; a telephone
number to call for assistance in operating the system; and a summary
of the provisions of this chapter relating to penalties for false alarms
and the possibility of no police response to alarm systems
experiencing excessive false alarms;
E. Maintain a verification process, as specified in Section 8.05.070, for all monitored
security alarm systems in order to prevent unnecessary police dispatches resulting
from false alarms;
F. Communicate requests for police response to the department in a manner specified
by the Director of Public Safety;
G. Communicate requests for cancellations of police response in a manner specified
by the Director of Public Safety;
H. Maintain a record of all requests for police response to alarm, including:
the date and time of the alarm and request for police response; the
alarm system user's name and address; evidence of the company's
attempt to verify the alarm; and, to the best of its knowledge, an
explanation of the cause of any false alarm;
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I. Work cooperatively with the alarm system user and the Director of Public Safety in
order to determine the cause of any false alarm and to prevent recurrences. (Ord.
1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.070 Security Alarm Verification Process
A verification process is an independent method of an alarm system monitoring company for
determining that a signal from a security alarm system requires immediate police response. The
verification process shall not take more than five minutes, calculated from the time that the alarm
company receives the alarm signal until the alarm company determines whether to request a
police dispatch. The means of verification shall include at least one of the following:
A. The establishment of voice communications with the alarm user, or a person
authorized by the user at or near the premises with the alarm, who may indicate
whether there is an immediate need for police response;
B. A feature that permits the alarm user, or a person authorized by the user, to send
a special signal to the alarm company that will cancel the alarm immediately after
the signal has been sent and prevent the alarm company from calling the police;
C. The installation of a video system that provides the alarm company, when the alarm
signal is received, with the ability to ascertain whether activity is occurring that
warrants immediate police response;
D. A confirmation made before dispatching the police that an alarm signal reflects a
need for immediate police response from either the alarm user or a person
authorized by the user or an alternate response agency; or
E. An alternate system that the Director of Public Safety determines has, or is likely to
have, a high degree of reliability. (Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part),
1998)
8.05.080 Unlawful Activation or Report of Alarm
A. No person shall activate a security alarm system for the purpose of summoning the
police, except in the event of an unauthorized entry, robbery, or other crime being
committed or attempted on the premises, or if the person needs immediate
assistance in order to avoid injury or serious bodily harm.
S. Any person who shall notify the police of an activated alarm, and have knowledge
that such activation was apparently caused by an electrical or other malfunction,
shall at the same time notify the police of the apparent malfunction. (Ord. 1639 S 1
(part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.090 Determination of False Alarm - Rebuttable Presumption
For the purposes of this chapter, there is a rebuttable presumption that the following
determinations made by the Director of Public Safety or by a police officer dispatched to the
premises reporting an alarm signal, are correct:
A. There is no evidence of a crime or other activity that would warrant a call for
immediate police assistance at the premises;
B. No individual who was on or near the premises, or who has viewed a video
communication from the premises, called for a police dispatch or verified a need for
an immediate police response;
C. There is no evidence that violent conditions of nature or other extraordinary
circumstances beyond the control of the alarm user caused the activation of the
alarm. (Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
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8.05.100 Penalty for False Alarm
A false alarm is an administrative infraction, and upon determination of a false alarm, the
alarm system user may be subject to administrative designation under 8.05.120. (Ord. 1639 S
1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.120 No Response to Frequent False Alarms - Appeal of No Response
Determination
A. When the Director of Public Safety or designee determines whether to make an
immediate dispatch in response to notification of a signal from a security alarm
system, the Director of Public Safety may disregard a call for police assistance
when:
1. The call for assistance comes from an alarm system for a premises that
has a record of sending four false alarms in a twelve (12) month calender
year; and
2. The call is the only basis for making the dispatch.
B. The Director of Public Safety may consider such a call for assistance as an
additional factor in the director's decision to order an immediate police response
when an in-person call, verification from a person at or near the premises, or other
independent evidence shows a need for immediate police assistance at the
premises.
C. To discourage false alarms, the director shall adopt a process of communication (by
letter, telephone and in.person) with the alarm user who has had one or more false
alarms emphasizing the need to take corrective action, and that four false alarms
in a twelve (12) month calendar year may result in the police disregarding alarms
from the premises and not responding to requests for immediate police assistance
unless there is an in-person call for assistance from someone at or near the
premises, or other independent information that verifies the need for an immediate
police response.
D. Before determining not to respond to alarms from a premises as specified above,
the Director of Public Safety shall communicate with the alarm user that:
1. Four false alarms have been received from the property within a twelve
(12) month calendar year;
2. The remedy authorized in Subsection (A) of this section above may be
taken;
3. The alarm system user may request a meeting before the Director of Public
Safety or designee and explain why the director should not take the
proposed action;
4. If no meeting is requested, the department will, after ten days from the
delivery of the notice, disregard alarms from the premises unless there is
an in-person call for assistance from someone at or near the premises, or
other independent information that verifies the need for an immediate
police response;
5. A requirement of an in-person communication or other verification shall
remain in effect until adequate corrective action has been completed.
E. If a meeting is requested, the Director of Public Safety shall schedule the meeting
within ten days of the receipt of the request. At the meeting, the director may
consider such factors as:
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the steps that the alarm user or alarm system monitoring company has
taken or is taking, to correct the problem; the frequency of crime in the
area of the premises; the facts and circumstances of the false alarms;
and other relevant information presented by the alarm user or the
alarm system monitoring company.
F. The Director of Public Safety may suspend or cancel the remedy under Subsection
(A) of this section if the director determines that the alarm user or alarm system
monitoring company has taken appropriate actions to prevent the recurrence of
false alarms. (Ord. 1639 S 1 (part), 2005; Ord. 1470 S 1 (part), 1998)
8.05.130 Violation - Penalties
A. An alarm system monitoring company's failure to comply with any of the
requirements of this chapter shall be a misdemeanor, punishable by a fine of up to
two hundred fifty dollars. Each day of noncompliance shall constitute a separate
offense.
B. The violations of the other sections of this chapter shall be a misdemeanor and
punishable by a fine of up to fifty dollars, unless otherwise specified. (Ord. 1639 S
1 (part), 2005; Ord. 1470 S 1 (part), 1998)
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Chapter 8.08
BARBERSHOPS
Sections:
8.08.010 Barbershop Defined
8.08.020 Inspection and Enforcement - Health Officer Authority
8.08.030 Cleanliness of Equipment and Supplies
8.08.040 Headrest Covers and Cuspidors
8.08.050 Serving Infected Persons - Conditions
8.08.060 Use of Wood Alcohol Prohibited
8.08.070 Posting of Chapter Regulations
8.08.080 Violation - Penalty
8.08.010 Barbershop Defined
"Barbershop," as used in this chapter, means and includes every place where shaving or
hair-cutting is done for the public and every barber college or school where barbering is done, for
either sex, within the city. (Prior code S 5.24.050)
8.08.020 Inspection and Enforcement - Health Officer Authority
The Health Officer is authorized, directed, and empowered to inspect all barbershops within
the city and to enforce the rules and regulations hereinafter provided. All barbershops shall be
open to the City Health Officer for inspection at any time during business hours. (Prior code S
5.24.010)
8.08.030 Cleanliness of Equipment and Supplies
All mugs, brushes, pincers, tweezers, needles, and attachments for massage devices shall
be sterilized after each time used and as frequently as necessary by immersion in boiling water,
or in alcohol of not less than ninety-five percent strength, or in a twenty percent formaldehyde
solution. Combs and hairbrushes shall be cleaned with soap and water at least once daily. No
towel that is used on one patron shall be used again on another patron until laundered. All
powdered alum or other powders shall be applied with clean towels, and the use of powder puffs
and sponges in any form is prohibited. Every barbershop shall be provided with running hot and
cold water, conveniently located, and shall be connected with the sewers. (Prior code S 5.24.020)
8.08.040 Headrest Covers and Cuspidors
The headrest of every barber chair shall be covered with a fresh towel, or by clean new
paper, for each individual customer. A strip of cotton or neckband must be placed around the
patron's neck so that hair cloth does not come in contact with the neck. Cuspidors must be
cleaned every day, and a disinfectant solution left in them at all times. (Prior code S 5.24.030)
8.08.050 Serving Infected Persons - Conditions
No barber shall serve any patron whose face or skin is inflamed or broken out, or contains
pus, unless all tools, mugs, and utensils used upon said patron are immediately thereafter
subjected to a thorough sterilization before being used again; and unless the barber so working
shall immediately disinfect and sterilize his hands. (Prior code S 5.24.040)
8.08.060 Use of Wood Alcohol Prohibited
The use of wood alcohol in any form or percent shall not be used (except as fuel) in any
cosmetic or preparation used in any barbershop, or on any patron. (Prior code S 5.24.050)
VIII-9 10/2005
8.08.070 Posting of Chapter Regulations
The owner of every barbershop shall keep a copy of this chapter, to be furnished by the Clerk
of the City Commission or City Health Officer, posted in his place of business in a conspicuous
place. (Prior code S 5.24.070)
8.08.080 Violation - Penalty
Any person violating the provisions of this chapter shall be guilty of a misdemeanor. (Prior
code S 5.24.080)
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Chapter 8.12
FIREWORKS
Sections:
8.12.010 Fireworks Defined
8.12.020 When this Chapter Does Not Apply
8.12.030 Public Display Permitted When
8.12.040 Sale and Discharge of Fireworks
8.12.050 General Liability Insurance Required
8.12.060 Enforcement
8.12.070 Violation - Penalty
8.12.010 Fireworks Defined
The term "fireworks" means and includes 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 and includes, but is not
limited to, sky rockets, roman candles, daygo bombs, blank cartridges, toy cannons, toy canes,
or toy guns in which explosives other than toy paper caps are used, the type of balloons which
require fire underneath to propel then, firecrackers, torpedoes, sparklers, or other fireworks of like
construction, any fireworks containing any explosive or flammable compound, or any tablet or
other device containing any explosive substance. This definition includes items which contain
even small amounts of silver fulminate, potassium nitrate, ammonium perchlorate, or other
chemical or pyrotechnical composition intended to produce a pyrotechnic event or effect, even
if not classified as a "hazardous material" under federal regulation. (Ord. 1612 S 1, 2004; prior
code S 6.28.010)
8.12.020 When this Chapter Does Not Apply
This chapter shall not apply to:
A. Fireworks held or sold to a person possessing a valid permit under Section
50-37-107, MCA, and a valid permit issued by the Director of Public Safety or
designee for the purpose of conducting a supervised public display of such
fireworks;
B. Fireworks used by railroads or other transportation agencies for signal purposes or
illumination;
C. The sale or use of blank cartridges for a show or theater, for signal or ceremonial
purposes in athletics or sports, for use by peace officers, or for use by official
military organizations or organizations composed of veterans of the United States
armed forces;
D. Toy paper caps containing not more than twenty-five hundredths of a grain of
explosive composition per cap. (Ord. 1612 S 2, 2004; prior code S 6.28.020)
8.12.030 Public Display Permitted When
A. The Director of Public Safety or designee may issue a permit for supervised public
displays of fireworks, including "display fireworks", by the municipality, fair
associations, amusement parks, or other organizations or groups of individuals
upon completion of the necessary application and submission of appropriate fees
as may be established by resolution of the City Commission. A visual site
inspection shall occur before any permit is issued. Submission of the application
does not guarantee issuance of a permit.
B. Each display shall:
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1. Be handled by a licensed, bonded pyrotechnic operator to be approved by
the Director of Public Safety or designee;
2. Be located, discharged, or fired such that the display, in the opinion of the
Director of Public Safety or designee, shall not be hazardous to persons or
property;
3. Clearly post a "NO SMOKING" warning within fifty (50) feet of the staging
and discharge area established for the display, and no one may smoke
within the defined area.
C. The application for a permit shall be made in writing at least 15 days prior to the
date of the display, and shall contain, at a minimum:
1. A map of the proposed display venue, including the temporary storage site,
the parking and spectator viewing areas, the fireworks discharge point,
location of structures and roads, streets, and alleys within a 1,000 yard
radius, overhead obstructions, or other hazards;
2. The name of the licensed and bonded pyrotechnic operator along with the
operator's qualifications, training and experience, and the names of any
assistants for the event;
3. The location of all fire hydrants, water spigots or other access points for
water, and all other fire retardants or extinguishers available at or near the
venue;
4. Proof of generalljability insurance in an amount acceptable to the City; and
which includes the City as an additional insured;
5. The name of the association, entity, organization or group and its
organizing, or supervising board or responsible parties for the event;
6. A complete list of the fireworks intended for use in the display together with
their projectile range, if any;
7. The location, date, and time of the display and written consent from the
landowner; and
8. A detailed safety plan for the event.
D. Upon inspection and issuance of the permit, and only then, sales, possession, and
use of fireworks for such display as detailed in the permit shall be lawful for that
purpose only.
E. Following the public display, the organizers and the pyrotechnic operator shall be
responsible for clean-up of the display site, including disposal of all discharged
fireworks and all non-discharged or "dud" fireworks in a safe manner.
F. No permit issued under this chapter shall be subject to transfer.
G. This permit may be revoked by the Director of Public Safety or designee when any
of the conditions under which the permit was granted change, when a hazardous
condition is determined to exist, or when, in the best judgment of the Director of
Public Safety, such permit must be withdrawn in the interests of public safety, and
may include violation of any rule, regulation, or requirement of this chapter. (Ord.
1612 S 3, 2004; prior code S 6.28.030)
8.12.040 Sale and Discharge of Fireworks
A. No individual, firm, partnership, corporation, or association shall possess for sale,
sell, or offer for sale at retail, or discharge within the city limits, any fireworks, as
defined herein, except as specifically provided in this chapter.
B. No parent, guardian, or custodian of any child under the age of majority shall
knowingly permit or consent to the possession or discharge of fireworks by any child
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under the age of majority without proper supervision. Possession or discharge by
any child under the age of majority within the city limits shall be prima facie evidence
of the knowing permission or consent of such parent, guardian, or custodian.
C. No fireworks may be discharged within the boundaries of or within three hundred
(300) feet of any public park owned or maintained by the City without a public
display permit except as otherwise provided in this chapter. No fireworks may be
discharged upon any public street, alley, road, or right-of-way, except as otherwise
provided in this chapter. No fireworks may be discharged within 1000 feet of any
hospital, nursing, or assisted living facility. No fireworks may be discharged under
or upon a motor vehicle, whether moving or not, or within 300 feet of any gas
station; gas, oil, or propane storage facility; or other area which is highly flammable
by nature.
D. Subject to the limitations contained in this chapter, fireworks, as listed below, may
be discharged within the city limits only on private property of the owner, or with the
owner's permission, or on paved city streets which are not arterial streets or
collectors when such discharge is in a safe and sane manner, and limited to the 4th
of July holiday only:
1. Between 12:00 p.m. July 3rd and 12:00 a.m. July 4th;
2. Between 12:00 p.m. July 4th and 1 :00 a.m. July 5th;
3. Between 12:00 p.m. July 5th and 12:00 a.m July 6th.;
And for the New Year's Day holiday only from 11 :00 p.m. December 31 st
until 1 :00 a.m. January 1 st. As used in this part, "safe and sane manner" refers
to actions which do not endanger life, limb or property of those in the area of
the discharge. Nothing in allowing the discharge of fireworks within the city
limits relieves the individual, firm, partnership, corporation, or association of its
responsibility for any injury or damage caused to individuals or property by the
discharge of the fireworks. Any discharge, with or without a permit, is at the
individual, firm, partnership, corporation or association's own risk, and is not
sanctioned by this ordinance.
E. Permitted fireworks are the following type of Class C "common fireworks" among
those listed in federal law:
1. A cardboard or heavy paper cylindrical tube or cone that:
a. Produces a shower of color and sparks that reach a maximum of
15 feet;
b. May whistle or pop; and
c. Is not designed to explode or leave the ground;
2. A pyrotechnic wheel device:
a. May be attached to a post or tree; and
b. Contains up to six "driver" units or tubes;
3. Any device that:
a. Spins, jumps, or emits popping sounds when placed on the
ground;
b. Does not exceed a height of 15 feet when discharged; and
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c. Does not travel laterally more than 10 feet on a smooth surface
when discharged;
4. Sparklers under 12 inches in length which do not have a magnesium
make-up, glow worms, snakes, party poppers, trick noisemakers; and
5. Certain mortar type aerial devices and multi-shot cakes that are found
acceptable by the Director of Public Safety or designee.
F. When, in the opinion of the Director of Public Safety, drought or other conditions
exist which, when coupled with the discharge of fireworks, would pose a hazard to
persons or property, the Director of Public Safety shall issue a ban on the discharge
of all fireworks until such time as the condition causing the ban ceases to exist.
G. Any individual, firm, partnership, corporation, or association discharging fireworks
under this ordinance shall, upon such discharge, be responsible for clean-up of the
discharge site, including disposal of all discharged fireworks, all non-discharged or
"dud" fireworks, and the associated debris from the discharged fireworks in a safe
manner.
H. The safe and sane discharge of fireworks in accordance with the provisions of this
chapter shall not be deemed a violation of Title 8, Chapter 30, of this code,
otherwise known as the 'Noise Ordinance.' (Ord. 1612 S 4,2004)
8.12.050 General Liability Insurance Required
A. An individual, firm, partnership, corporation or association planning a public display
of fireworks shall provide proof of general liability insurance in an amount
acceptable to the City; and which includes the City as an additional insured.
S. Notice to the City shall be given ten (10) days prior to any public display if any
insurance policy required under this chapter is cancelled or subject to non-renewal.
Notice shall be provided by the insured and the insurance carrier.
C. A copy of the insurance policy for any public display shall be filed with the Clerk of
Commission and shall indemnify the City against any damages to private or public
property, as well as any injuries to persons, which may be caused by or incident to
the public display.
D. Any individual, firm, partnership, corporation, or association discharging fireworks
without a public display permit shall be deemed to be the responsible party and shall
be liable for any damages incurred as the result of such discharge. The individual,
firm, partnership, corporation, or association insurance policy or pOlicies maintained
by the individual or entity discharging the fireworks shall be subject to any claim as
a result of such discharge resulting in damage or injury. (Ord. 1612 S 5, 2004)
8.12.060 Enforcement
A. The Department of Public Safety, specifically the Police Department and Fire
Department, shall enforce the rules and regulations of this chapter.
S. Any police officer or firefighter may, in the enforcement of this chapter, seize,
impound, remove, or cause to be removed, at the expense of the owner, all stocks
of fireworks offered for sale, sold, or in the possession of any individual, firm,
partnership, corporation, or association in violation of this chapter. Notice of the
seizure and the reasons for the seizure shall be reported to the Director of Public
Safety within 48 hours of the seizure.
C. Fireworks seized under this section may be disposed of in a safe and proper
manner by the Department of Public Safety ten days after seizure.
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D. Appeal of any seizure shall be filed with the Director of Public Safety in writing within
five working days of the seizure. The decision of the Director of Public Safety on the
appeal shall be final. (Ord. 1612 ~ 6,2004)
8.12.070 Violation - Penalty
Any individual, firm, partnership, corporation, or association violating the provisions of this
chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not
less than $100 or more than $500 for a first offense, a fine of not less than $200 or more than
$500 for a second offense, and a fine of not less than $300 or more than $500 for a third or
subsequent offense. Each day of a violation constitutes a separate offense. In the case of a
violation by a firm, partnership, corporation, or association, the manager or members of the
partnership or responsible officers or agents shall be deemed to be prima facie responsible,
individually, and subject to the penalty as provided.
Any damages caused or injuries sustained as a result of any violation of this chapter shall
be ordered paid as restitution as a part of any conviction for any violation.
The court may order the reimbursement of costs of enforcement, investigation, fire
suppression services, and overtime related to a violation upon conviction. (Ord. 1612 S 7,2004)
VIII-15 10/2005
Chapter 8.16
SOLID WASTE
Sections:
8.16.010 Definitions
8.16.015 City Collection of Solid Waste
8.16.020 Collection and Disposal by City - Exemptions - Chapter Provisions Not
Exclusive
8.16.030 Containers - Type and Number Required
8.16.040 Administration - Rules and Regulations
8.16.050 Costs of Collection and Disposal - Collection and Payment - Solid Waste
Fund
8.16.060 Outdoor Dumping of Solid Waste Prohibited
8.16.065 Dumping of Hazardous Materials/Wastes Prohibited
8.16.070 Violation - Penalty
8.16.010 Definitions
For the purposes of this chapter, the following definitions shall apply:
A. "Automated collection service" means solid waste collection by the City through the
use of a collection truck which utilizes a mechanical arm to pick up and dump totes.
B. "Commercial account" means any place or premise used for nonresidential,
business, or professional purposes only that utilizes solid waste collection and
disposal services provided by the City.
C. "Solid waste" means all refuse, animal, plant, and vegetable matter, ashes, floor
sweepings, wastepaper, and the like; but shall not be construed to include animal
or poultry manure; basement foundation or lawn excavations or loose earth from
excavations of any kind; trees, except small prunings; debris from the construction
or wreckage of buildings, which, while unsightly, is not a menace to the public
health; but this definition shall not be held to exclude as solid waste anything which
is commonly known or accepted as such even though not specified herein; and in
case of doubt or dispute, the Director of Public Service shall decide such dispute
and the director's decision shall be final and conclusive.
D. "Solid waste service" means the collection, removal, and disposal of solid waste by,
or at the direction of, the City.
E. "Tote" means a solid waste container, owned by the City, which is used in the
automated collection program. (Ord 1478 S 1, 1998; Ord. 1367 S 1, 1993; Ord. 1323
S 1, 1991; prior code S 5.20.010)
8.16.015 City Collection of Solid Waste
Except as hereinafter provided, the City shall provide solid waste collection and disposal
services within its city limits. The City shall provide solid waste service to annexed areas on the
following basis:
A. When totally undeveloped, vacant lands are annexed, the City shall provide all
subsequent solid waste services.
B. When developed lands are annexed that are receiving no solid waste services, the
City shall provide all subsequent solid waste services.
C. When developed lands are annexed, on which some persons are receiving private
solid waste services, those persons cannot receive city solid waste service for five
VIII-16 10/2005
years; but the City shall provide solid waste service to all subsequent residents in
the area. (Ord. 1367 S 2, 1993; Ord. 1323 S 2, 1991)
8.16.020 Collection and Disposal by City - Exemptions - Chapter Provisions Not
Exclusive
A. Except as herein otherwise provided, the provisions of this chapter shall extend and
be applicable to all places and premises within the corporate limits of the city where
solid waste accumulates. There may be provisionally exempted from collection and
disposal of solid waste by the Department of Public Service under this chapter,
certain premises, hereinafter specified, so long as the owners or occupants of such
premises elect to, and do through a private contractor licensed by the Montana
Public Service Commission for the solid waste collection and transportation, collect
and dispose of such solid waste at no greater intervals than once each month, in
accordance with the provisions of this chapter and rules and regulations adopted
and approved pursuant thereto. Such premises which may be so provisionally
exempted are specified as follows:
1. Premises occupied and used for business purposes only;
2. Premises occupied and used for combined business and residence
purposes only;
3. Premises used for professional purposes only;
4. Premises used for combined professional and residence purposes only;
5. Residential premises being serviced by a licensed private solid waste
collection service, until such time as the property owner petitions for city
service;
6. Montana State University on-campus facilities.
B. If, and when, solid waste is not removed and disposed of from such exempted
premises as herein provided, the Department of Public Service shall serve, or cause
to be served, notice upon the owner or agent of the owner of such premises. If after
such notice, the removal and disposal, or either, of the solid waste from such
premises continues to be unsatisfactory to the Director of Public Service, the
department shall give further notice to such owner or agent that such removal and
disposal will, commencing on a date certain, be made and done by the Department
of Public Service; and the cost thereof, under the provisions of this chapter, will be
assessed against the premises from which such removal is made.
C. The owner, occupant, or operator of such provisionally excepted premises may,
however, arrange with the Department of Public Service for the removal and
disposal of solid waste from such premises under the provisions of Section 8.16.050
of this chapter and rules and regulations adopted and approved pursuant thereto,
at the cost of such owner, operator, or occupant. Nothing contained in this section,
nor in this chapter, shall be construed to afford or grant immunity to any owner or
occupant of any premises within the corporate limits of the city, without regard to the
purpose for which used, from the duty to keep the same free from unsanitary,
unsafe, or unsightly accumulations of solid waste, as defined in Section 8.16.010,
or which is offensive to the neighborhood as a nuisance, nor to disregard or violate
any other provision of this chapter, or any rule or regulation adopted and approved
pursuant thereto, nor to repeal or modify the provisions of any other ordinance of the
City not inconsistent with the provisions of this chapter for the protection and the
safety of the life, property, and health of the citizens of the city; nor shall any such
other ordinance be considered or regarded as repealed or modified by anything in
this chapter contained, unless clearly inconsistent herewith, and unless herein
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expressly so provided; but all such other ordinances shall be and are continued in
full force and effect and shall be read and construed where necessary, in
connection with this chapter and harmonized therewith if it be possible; nor shall any
provisions of this chapter be construed as granting immunity or exemption from
prosecution for violation of its provisions, but such prosecution shall be in addition
to any other provision of this chapter for its observance and enforcement and to
make it effective as a police regulation of the city. (Ord. 1478 S 2,1998; Ord. 1367
S 3, 1993; Ord. 1323 S 3, 1991; prior code S 5.20.020)
8.16.030 Containers - Type and Number Required
A. All solid waste for collection by the City shall be placed in containers as follows:
1. For automated collection accounts, all solid waste shall be placed in a tote
provided by the City.
2. For all other collection accounts, solid waste shall be placed either in
suitable containers equipped with a tight cover and equipped with handles,
so that they may be lifted and carried by one person, or in bags or other
disposable containers adequately securing the solid waste therein against
discharge of said solid waste. No such container shall have a capacity of
more than thirty-three gallons, and the contents thereof shall not exceed
thirty pounds. Said containers shall be so constructed, and at all times
maintained, so as to prevent leakage. Such containers shall be placed and
kept as required and directed by the Department of Public Service. In the
case of apartments or other multi-family dwellings, as many containers of
a type specified by the Director of Public Service shall be provided as the
Department of Public Service shall require.
B. It is unlawful to cause or allow solid waste to be placed at the designated point of
collection without being contained within a suitable container as hereinbefore
described.
C. Containers will be allowed within the street right-of-way the night before, and on the
day of, solid waste collection only, but must be stored off the right-of-way the
remainder of the time. Racks for solid waste cans will be allowed along the alley
right-of-way, provided they are adequately maintained and do not encroach upon
the driving area within the alley.
D. It shall be unlawful for any person or business to dump or place solid waste in a
solid waste container belonging to another person or upon any other premise
without the consent of the owner of such container or premises. (Ord. 1478 S 3,
1998; Ord. 1367 S 4, 1993; Ord. 1323 S 4, 1991; prior code S 5.20.030)
8.16.040 Administration - Rules and Regulations
The execution and administration of the provisions of this chapter shall be, and are,
committed to the Department of Public Service of the City and to the Director of the Department,
under the supervision and director of the City Manager. The City Manager, subject to approval
of the City Commission, is authorized and empowered to make, alter, amend, and repeal rules
and regulations not inconsistent with the provisions of this chapter for operation and
administration and such rules and regulations, as from time to time so adopted, altered,
amended, repealed, and approved, shall be considered as a part of this chapter, to be read and
construed and observed in connection herewith. The Director of the Department of Public
Service shall employ all help necessary for such administration, provide all collecting and hauling
equipment, stationery, books, or account blank forms, and other incidentals necessary or
convenient for efficient and economical administration of the provisions of this chapter, and the
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rules and regulations adopted and approved pursuant hereto and as herein provided. (Ord. 1323
S 5, 1991; prior code S 5.20.040)
8.16.050 Costs of Collection and Disposal - Collection and Payment - Solid Waste
Fund
A. The cost and expense of collecting and disposing of solid waste under the
provisions of this chapter, and of rules and regulations adopted and approved
pursuant thereto, including the cost of procuring, collecting, and hauling equipment,
and the maintenance, repair, and replacement thereof as required; of salaries,
wages, and benefits; all general operations costs, such as office equipment and
supplies and all incidental costs and expenses, shall be specially assessed against
the real property serviced, and from which solid waste is collected and removed,
except as otherwise herein provided. The basis of assessment for collection and
disposal of solid waste shall be set as follows:
1. A base rate, tag system, and its accompanying fee, and any special fees
shall be set through adoption of resolution by the City Commission for all
properties which utilize the city's non.automated solid waste collection
system.
2. A base rate, based on the size of tote and frequency of pickup, and any
special fees shall be set through adoption of resolution by the City
Commission for all properties which utilize the city's automated solid waste
collection system.
3. The rates established by resolution shall be set as monthly fees, and those
fees shall be included on the monthly water and sewer statement and will
become delinquent if not paid by the 15th of the month in which the bill is
received. If the monthly fees are not paid within thirty days after they have
become delinquent, the delinquent amount shall be a lien against the
property against which they are severally assessed and levied until paid
and discharged and shall be subject to the same penalties for delinquency
in payment when due and payable as are other special assessments and
levies made by the City and as authorized by the laws of the state.
4. Users of the city's non-automated solid waste collection system shall be
required to purchase special city solid waste collection tags, at a fee to be
established by resolution, which must be attached to any can, bag, or other
disposable container, none of the contents of which exceed thirty pounds,
in which solid waste has been placed for collection.
S. That, in lieu of the tag system, an optional imposed flat rate dumpster fee will be
provided for those property owners who apply for that assessment or upon whom
the flat fee is imposed by the City Commission for noncompliance with the tag
system. Said optional fee shall be applied only to dumpster accounts within the city
which are serviced by the City and not serviced by any other private contractor
licensed for solid waste collection. The flat rate dumpster fee will be established by
resolution.
C. That, in lieu of the tag system, a flat rate fee assessment for those property owners
that utilize solid waste cans, and upon whom that flat fee is imposed by the City
Commission for noncompliance with the tag system, shall be set forth in the
resolution setting forth rates for solid waste collection activities.
D. All properties within the city limits not exempted under the provisions of Sections
8.16.020(A)(1) through 8.16.020(A)(5) shall be subject to the base rate as set forth
by resolution.
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_______m_....... -"
E. All monies collected, received, or paid under the provisions of this chapter shall be
kept in a separate fund to be known as the "solid waste fund" and shall be paid out
only on warrants drawn on such fund and signed as are other warrants of the city
for the disbursement of its funds, and upon claims duly executed, presented,
audited, and allowed, all as required by law. (Ord. 1493 S 1, 1999; Ord. 1478 S 4,
1998; Ord. 1367 S 5, 1993; Ord. 1323 S 6, 1991; prior code S 5.20.050)
8.16.060 Outdoor Dumping of Solid Waste Prohibited
Any deposit of solid waste upon the premises or property of another, without the express
permission and consent of the owner or occupant of such other property or premises, is forbidden
and prohibited and any such depositing shall be deemed a violation of this chapter and, upon
conviction in the municipal court, shall subject the offender to the penalties provided within this
chapter. (Ord. 1502 S 1,1999; Ord 1478 S 5,1998; Ord. 1367 S 6,1993; Ord. 1323 S 7,1991;
prior code S 5.20.060)
8.16.065 Dumping of Hazardous MaterialslWastes Prohibited
The unauthorized dumping or disposal of "hazardous materials" or "hazardous wastes", as
defined under state regulations, into the collection and disposal system, or upon any properties
within the city limits, or upon property owned by the City shall be expressly prohibited. Such
unauthorized dumping of hazardous materials or hazardous wastes shall subject the violator to
the remedies and penalties set forth in the state statutes. (Ord. 1323 S 8, 1991)
8.16.070 Violation - Penalty
Any person violating any of the provisions of this chapter, or of any rule or regulation adopted
and approved pursuant thereto, shall be guilty of a misdemeanor and shall be subject to a fine
not to exceed five hundred dollars. (Ord. 1323 S 9, 1991; prior code S 5.20.070)
VIII-20 1 0/2005
Chapter 8.20
MEAT
Sections:
8.20.010 Definitions
8.20.020 Regulations and Rules Adopted by Reference
8.20.030 Meat to Bear Emblem of State Livestock Sanitary Board or USDA
8.20.040 Inspection of Commercial Establishments
8.20.050 Sale or Serving of Unauthorized Meat Prohibited
8.20.010 Definitions
For the purpose of this chapter, the following words, phrases, names, and terms shall be
construed respectively to mean:
A. "Animals" means cattle, calves, sheep, swine, and goats;
B. "Carcass" means all parts, including viscera, of a slaughtered animal that are
capable of being used for human food;
C. "Meat" means the flesh of all edible parts capable of being used for human food and
consumption of cattle, calves, sheep, swine, and goats;
D. "Person" means a natural person, partnership, corporation, or other organization,
and every officer, agent, and employee thereof, and the singular shall include the
plural, as the case may be. (Prior code S 5.28.020)
8.20.020 Regulations and Rules Adopted by Reference
The general rules and regulations of the Montana Livestock Sanitary Board governing the
preparation, processing, storage, or other handling or disposition of any product coming within
the general scope and purview of this chapter shall be and are adopted for the conduct and
guidance of meat inspection within the channels of trade of the city. (Prior code S 5.28.050)
8.20.030 Meat to Bear Emblem of State Livestock Sanitary Board or USDA
The City Commission of the city has determined that it is for the best interests of the health
and general welfare of the inhabitants of the city that all meat or meat products, as herein defined,
offered for sale, displayed for sale, sold, or served commercially by any person in the city shall
bear the official stamp, emblem, or legend of the State Livestock Sanitary Board, or of the United
States Department of Agriculture. (Prior code S 5.28.010)
8.20.040 Inspection of Commercial Establishments
The Sanitary Inspector of the City-County Health Department of the City and the County shall,
after the effective date of the ordinance codified in this chapter, inspect all establishments within
the city offering for sale, displaying for sale, or selling meats or meat products to the public, either
wholesale or retail, and places of commercial consumption of meat or meat products, to insure
that only meat and meat products bearing accepted and approved inspection legend are stored,
kept, sold, distributed, processed, or otherwise handled by such establishments; and such
Sanitary Inspector, or his deputies, are authorized and directed, under the authority of this
chapter, to enter and inspect any of the abovementioned establishments at any time. (Prior code
S 5.28.040)
8.20.050 Sale or Serving of Unauthorized Meat Prohibited
It is unlawful for any person to offer for sale, display for sale, or sell any meat or meat
products, as defined in this chapter, which does not bear the official stamp, emblem, or legend
of either the State Livestock Sanitary Board or the United States Department of Agriculture, nor
VIII-21 10/2005
shall any meat or meat products be served commercially unless the whole of such portions
served was a part of meat or meat products which bore the official stamp, emblem, or legend of
the State Livestock Board or of the United States Department of Agriculture. All of such meat or
meat products bearing such official stamp, emblem, or legend must have been inspected by
veterinarians authorized to so inspect and place the official stamp, emblem, or legend thereon
by either the State Livestock Sanitary Board or the United States Department of Agriculture and
inspected and approved in accordance with their respective rules and regulations and in
conformity with the state and federal laws. (Prior code S 5.28.030)
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Chapter 8.24
MILK
Sections:
8.24.010 Regulatory Ordinance Adopted by Reference with Certain Deletions-
Scope
8.24.020 Sale of Unauthorized Milk Prohibited
8.24.010 Regulatory Ordinance Adopted by Reference with Certain Deletions - Scope
The production, transportation, processing, handling, sampling, examination, grading,
labeling, and sale of all milk and milk products sold for ultimate consumption within the city, or
its police jurisdiction; the inspection of dairy herds, dairies, and milk plants; the issuing and
revocation of permits to milk producers, haulers, and distributors; and the fixing of penalties shall
be regulated in accordance with the terms of the unabridged form of the ordinance Milk
Ordinance and Code - 1953 Recommendation of the Public Health Service, a certified copy of
which shall be on file in the office of the clerk, provided that the words "municipality of" in said
unabridged form shall be understood to refer to the City of Bozeman, provided further that in said
unabridged form all parenthetical expressions referring to degrading shall be understood to be
deleted; provided further, that in Section 7, Item 1.r., of said unabridged ordinance, either Plan
A or Plan B approved by the BAI for the eradication of brucellosis shall be in effect within three
years; provided further that Sections 8 and 16 of said unabridged ordinance shall be replaced,
respectively, by Sections 8.24.020 and 8.24.030 of this chapter. (Prior code S 5.32.010)
8.24.020 Sale of Unauthorized Milk Prohibited
From and after twelve months from the date on which this chapter takes effect, no milk or
milk products shall be sold to the final consumer, or to restaurants, soda fountains, grocery
stores, or similar establishments, except certified pasteurized and Grade A pasteurized, provided
that when any milk distributor fails to qualify for one of the above grades, the Health Officer is
authorized to suspend his permit and/or to institute court action. (Prior code S 5.32.020)
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Chapter 8.28
NUISANCES
Sections:
8.28.010 Purpose
8.28.020 Application
8.28.030 Responsibility for Maintenance
8.28.040 Definitions
8.28.050 Public Nuisances
8.28.060 Enforcement
8.28.070 Summary Abatement
8.28.080 Abatement in Other Cases - Notice
8.28.090 Abatement by Owner
8.28.100 Appeal Procedures - Hearing
8.28.110 Abatement by City
8.28.120 Notice of Assessment - Appeal of Charges
8.28.130 Personal Liability of Owner
8.28.140 Overhead Charge - Civil Penalties
8.28.010 Purpose
A. The intent of this chapter is to provide a comprehensive mechanism for the
identification and abatement of public nuisances within the city.
B. The remedies provided for in this chapter are supplemental and complementary to
all of the provisions of this code, and state and federal law, and nothing herein shall
be read, interpreted, or construed in any manner to limit any existing right or power
of the City to abate any and all public nuisances. (Ord. 1452 S 2 (part), 1998)
8.28.020 Application
The provisions of this chapter shall apply to all property throughout the city wherein any of
the conditions hereinafter specified are found to exist, provided, however, that any condition
which would constitute a violation of this chapter, but which is duly authorized under any other
city, state, or federal law, shall not constitute a violation. (Ord. 1452 S 2 (part), 1998)
8.28.030 Responsibility for Maintenance
Every owner, occupant, lessee, or holder of any possessory interest of real property within
the city is required to maintain such property so as not to violate the provisions of this chapter.
The owner of the property shall remain liable for violations hereof, regardless of any contract or
agreement with any third party regarding such property or the occupation of the property by any
third party. (Ord. 1452 S 2 (part), 1998)
8.28.040 Definitions
As used in this chapter:
A. "Abatement" means the removal, stoppage, prostration, or destruction of that which
causes or constitutes a nuisance, whether by breaking or pulling it down, or
otherwise destroying or effacing it.
B. "Owner" means the owner of record or any person with legal, financial, or equitable
interest in the property on which the alleged public nuisance exists at the time of the
violation.
C. "Property" means any real property, premises, structure, or location on which a
public nuisance is alleged to exist.
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D. "Public nuisance" means any fence, wall, shed, deck, house, garage, building,
structure, or any part of any of the aforesaid; or any tree, pole, smokestack; or any
excavation, hole, pit, basement, cellar, sidewalk subspace, dock; or any lot, land,
yard, premises, or location which, in its entirety, or in any part thereof, by reason of
the condition in which the same is found or permitted to be or remain, shall or may
endanger the health, safety, life, limb, or property, or cause any hurt, harm,
inconvenience, discomfort, damage, or injury to anyone or more individuals in the
city, in anyone or more of the following particulars:
1. By reason of being a menace, threat, and/or hazard to the general health
and safety of the community;
2. By reason of being a fire hazard;
3. By reason of being unsafe for occupancy, or use on, in, upon, about, or
around the aforesaid property;
4. By reason of lack of sufficient or adequate maintenance of the property,
and/or being vacant, any of which depreciates the enjoyment and use of
the property in the immediate vicinity to such an extent that it is harmful to
the community in which such property is situated or such condition exists.
The term "public nuisance" shall mean any nuisance designated in Section
8.28.050 of this chapter.
E. "Summary abatement" means abatement of the nuisance by the City, or a
contractor employed by the City, by removal, repair, or other acts without notice to
the owner, agent, or occupant of the property, except for the notice required by this
chapter. (Ord. 1452 S 2 (part), 1998)
8.28.050 Public Nuisances
A. The following are declared to be pUblic nuisances:
1. Any building or structure which meets the definition of an unsafe building
or structure as provided in Section 102 of the Uniform Building Code, or
any successor provision adopted pursuant to Bozeman Municipal Code
Section 15.01.010;
2. Any building or structure which meets the definition of a dangerous building
as provided in Section 302 of the Uniform Code for the Abatement of
Dangerous Buildings, or any successor provision, adopted pursuant to
Bozeman Municipal Code Section 15.01.010;
3. Any building or structure which meets the definition of a substandard
building as provided in Section 1001 of the Uniform Housing Code, or any
successor provision adopted pursuant to Bozeman Municipal Code Section
15.01.010;
4. Any violation of Title 18 of the Bozeman Municipal Code relating to the
city's planning and zoning laws and regulations;
5. Any imminent life safety hazard which creates a present and immediate
danger to life, property, health, or public safety.
B. The following may be declared to be public nuisances:
1. Any condition which constitutes an attractive nuisance whether within a
structure or on the premises;
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2. Any building or place which has been operated or maintained in a manner
that has resulted in repeated disruptive activities including, but not limited
to, disturbances of the peace, public drunkenness, drinking in public,
harassment of passerby, sale of stolen goods, public urination, theft,
assaults, batteries, acts of vandalism, excessive littering, illegal parking,
loud noises (particularly in late night or early morning hours), traffic
violations, or police detentions and arrests;
3. Any condition which renders air, food, or drink unwholesome, unsanitary,
or detrimental to health;
4. Any condition which poses a fire hazard;
5. Any condition in violation of Title 6 of this code (Animals);
6. The ownership, maintenance, or operation of a dog or animal kennel
without proper provisions for the protection of the surrounding properties
from odor and sound generated by the kennel;
7. The keeping, storage, depositing, or accumulation on the premises, for an
unreasonable period of time, of any personal property or wastes, including,
but not limited to, abandoned, wrecked, dismantled, or inoperative
vehicles; abandoned, wrecked, or dismantled boats or vessels; automotive
parts and equipment; appliances; furniture; containers; packing materials;
scrap metal; wood; building materials; junk; rubbish; debris; dirt; sand;
gravel; concrete; or other similar materials which is within the view of
persons on adjacent or nearby real property or the public right.of-way and
which is detrimental to the public health, safety, and general welfare.
However, building materials being used, or to be used for a project of
repair or renovation for which a building permit has been obtained, may be
stored for such period of time as is necessary expeditiously to complete
the project;
8. Any public nuisance as defined in Montana Code Annotated Section
45-8-111 or otherwise recognized in law as constituting a public nuisance.
(Ord. 1452 S 2 (part), 1998)
8.28.060 Enforcement
The Planning and Zoning Department shall have primary responsibility for the abatement of
a public nuisance under this chapter. (Ord. 1452 S 2 (part), 1998)
8.28.070 Summary Abatement
A. Whenever a complaint is made to the Planning Department of the existence of a
public nuisance, as defined in Section 8.28.040 or Section 8.28.050, the Planning
Department shall promptly cause to be inspected the property on which it is alleged
that such public nuisance exists. Should the Planning Department find that a public
nuisance exists, and that the public health, safety, or welfare may be in immediate
danger, then summary abatement procedures shall be implemented; and the
Planning Department may cause the nuisance to be removed or abated. The
Planning Department may notify the Building Inspector if the public nuisance
involves a building that appears structurally unsafe. The Building Inspector, upon
being notified by the Planning Department, shall cause the building, on which it is
alleged such public nuisance exists, to be inspected and submit a written report of
such inspection and the findings to the Planning Department.
B. When summary abatement is authorized, notice to the owner, agent, or occupant
of the property is not required. Following summary abatement, the Planning
Department shall cause to be posted on the property liable for the abatement, a
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notice describing the action taken to abate the nuisance. (Ord. 1452 S 2 (part),
1998)
8.28.080 Abatement in Other Cases - Notice
A. If, after inspecting the property on which the nuisance is reported, the Planning
Department declares the existence of a public nuisance; but the nature thereof is
not such as to require the summary abatement of such nuisance, then regular
abatement procedures shall be followed. Photographs and reports of the findings
and inspections shall be made and filed with the Planning Department.
B. The Planning Department shall determine the individual, firm, or corporation who,
from the records in the Clerk and Recorder's Office, appears to be the titled owner
of the aforesaid property and immediately cause a written notice to be served on
such individual, firm, or corporation by personal service, or by leaving a copy of the
notice at the usual place of residence or business of such owner, or address of such
owner shown in the Clerk and Recorder's records, or by copy mailed to such owner
at such place or address by United States certified mail return receipt. If service of
such written notice is unable to be perfected by any of the methods described
above, the Planning Department shall cause a copy of the aforesaid notice to be
published in a newspaper of general circulation in the city, once a week for two
consecutive weeks, and shall further cause a copy of the aforesaid notice to be left
with the individual, if any, in possession of such property on which it is alleged such
public nuisance exists, or if there is no individual in possession thereof, the Planning
Department shall cause a copy of the notice to be posted at such structure, location,
or premises. The Planning Department shall also determine from the Clerk and
Recorder's Office who the lienholder of the property, if any, as documented therein,
is and cause a written notice to be served on such lienholder by United States mail
return receipt.
C. The aforesaid notice to the owner and lienholder, if any, of the property shall state
clearly and concisely the findings of the Planning Department with respect to the
existence of a public nuisance. The notice shall further state that unless the owner
thereof shall cause the abatement of the public nuisance, pursuant to the orders
contained in the Planning Department's notice, the public nuisance shall be abated
by the City at the expense of the owner.
D. Any person who is the record owner of the premises, location, or structure at the
time an order pursuant to this chapter is issued and served upon him shall be
responsible for complying with that order and liable for any costs incurred by the City
therewith, notwithstanding the fact that he conveys his interests in the property to
another after such order was issued and served.
E. It shall not be a defense to the determination that a public nuisance exists that the
property is boarded up or otherwise enclosed. (Ord. 1452 S 2 (part), 1998)
8.28.090 Abatement by Owner
A. Within thirty days after the posting and mailing of a notice to abate a nuisance, the
owner, agent of the owner, or individual in possession of the affected property shall
remove and abate such nuisance or show that no nuisance in fact exists. Such
showing shall be made by filing a written statement that no nuisance exists. The
statement shall be filed with the Planning Department.
B. The Planning Department, upon written application by the owner within the thirty-day
period after the notice has been served, may grant additional time for the owner to
effect the abatement of the public nuisance, provided that such extension is limited
to a specific time period. (Ord. 1452 S 2 (part), 1998)
VIII-27 10/2005
.--.-----. -- -.---- ...
8.28.100 Appeal Procedures - Hearing
A. The owner or occupant of the property who has been served with a notice, pursuant
to this chapter, that a public nuisance exists and that it must be abated within thirty
days, may, within seven calendar days after receipt of such notice, make a written
demand to the Planning Department for a hearing on the question of whether a
public nuisance, in fact, exists. The hearing shall be held at the next scheduled
regular meeting of the City Commission following receipt by the Planning
Department of the written demand, and at least two days' notice of the hearing shall
be given to the individual who made the written demand for the hearing.
B. The hearing shall be conducted by the City Commission. The Commission may
amend or modify the notice and/or order, or extend the time for compliance with the
Planning Department's order by the owner, by such date as the majority of the
Commission may determine.
C. The owner, agent of the owner, occupant, and lienholder, if any, of the sUbject
property shall be given the opportunity to present evidence to the Commission in the
course of the hearing.
D. In those instances where the nuisance has been abated by the City, the
Commission shall have discretion to waive the cost of abating a nuisance, in whole
or in part, if, in the course of the hearing reviewing the decision, the Commission
finds that any of the following did not conform to the provisions of this chapter:
1. The notice to remove the nuisance;
2. The work pertormed in abating the nuisance;
3. The computation of charges. (Ord. 1452 S 2 (part), 1998)
8.28.11 0 Abatement by City
A Should any public nuisance not be abated at the expiration of time stated in the
notice/order, or within such additional time as the Planning Department or
Commission may grant, the Planning Department shall have the authority to enter
upon the property and abate the public nuisance found thereon. In abating such
nuisance, the Planning Department may go to whatever extent may be necessary
to complete the abatement of the public nuisance; and should it be practicable to
salvage any material derived in the aforesaid abatement, the Planning Department
may sell the salvaged material at private or public sale at the best price obtainable
and shall keep an accounting of the proceeds thereof.
B. The proceeds, if any, obtained from the sale of any material salvaged as a result of
an abatement of a public nuisance by the Planning Department, shall be deposited
to the General Fund of the city; and any deficit between the amount so received and
the cost of the abatement may be levied as an assessment against the property in
question by the City Commission and collected as any other assessment by the
City; however, any other alternative collection method may be utilized by the City to
recoup the deficit. Should the proceeds of the sale of such salvaged material
exceed the cost of abatement, the surplus, if any, shall be paid to the owner of the
property from which the public nuisance was abated when a proper claim to the
excess is established.
C. In abating a public nuisance, the Planning Department may call upon any of the city
departments or divisions for whatever assistance shall be deemed necessary, or
may, by private contract, cause the abatement of the public nuisance.
D. The Planning Department shall, after completing the removal and abatement, file
a statement of costs with the Finance Department. (Ord. 1452 S 2 (part), 1998)
VIII-28 10/2005
8.28.120 Notice of Assessment - Appeal of Charges
A. Upon receipt of the statement of costs from the Planning Department, the Finance
Department shall mail to the owner of the property, upon which the public nuisance
has been abated, notice ofthe amounts set forth in the statement plus an additional
amount sufficient to defray the costs of the notice and stating that the City proposes
to assess against the property the amount set forth in the notice and that objections
to the proposed assessment must be made in writing and received by the Finance
Department within twenty days from the date of mailing such notice. Upon the
expiration of the twenty-day period, if no objections have been received by the
Finance Department, the Finance Department shall enter that amount in the City
liens docket, which shall, therefore, constitute a lien against the property.
B. If objections of either the property owner, or their representative, are received by the
Finance Department prior to the expiration of the twenty.day period, the Finance
Department shall refer the matter to the Planning Department for administrative
review.
C. Upon conclusion of administrative review, the Planning Department shall make a
written determination that the amount of the charges shall be canceled, reduced, or
remain the same. A copy of this determination shall be furnished to the person
making the objections, together with a notice of such person's right to appeal to the
City Commission.
D. If no appeal of a determination by the Planning Department is filed within the time
period allowed, a copy of the determination will be furnished to the Finance
Department, who shall then enter a lien in the amount determined by the Planning
Department in the city liens docket, as provided in Subsection A of this section.
E. If a timely appeal is received by the City Commission, a hearing shall be scheduled
and held on the matter. If, after the hearing, the City Commission determines that
the proposed assessment does not comply with Subsection G of this section, the
City Commission shall so certify to the Finance Department and the proposed
assessment shall be canceled. If, after the hearing, it is determined that the
proposed assessment, or any part of it, is proper and authorized, the City
Commission shall so certify to the Finance Department, who shall enter a lien, in
such amount as determined appropriate by the City Commission, in the lien docket
as provided in Subsection A of this section.
F. The determination of the City Commission is a final administrative decision.
G. The Planning Department, in administrative review, or the City Commission, on
appeal, may reduce or cancel a proposed assessment if it is determined that:
1. Any of the following did not conform to the provisions of this chapter:
a. The notice to remove the nuisance;
b. The work performed in abating the nuisance;
c. The computation of charges;
2. The owner of the property was eligible for a waiver of costs under Section
8.28.140.
H. The Planning Department, in administrative review, or the City Commission, on
appeal, may reduce a proposed assessment by eliminating the civil penalty portion
of the invoice if it is determined that:
1. The current owner was not in possession of the property at the time the
notice required in Section 8.28.080 was posted; or
VIII-29 10/2005
2. The owner did not receive the notice to remove the nuisance, did not have
knowledge of the nuisance, and could not, with the exercise of reasonable
diligence, have had such knowledge.
I. If, after a lien has been entered in the docket of city liens, there is a written request
of an owner who alleges that the owner did not receive notice of the proposed
assessment, the Finance Department shall refer the matter for review pursuant to
Subsection B of this section.
J. The lien may be canceled or reduced by the Planning Department, in administrative
review, or the City Commission, on appeal, if it is determined that the owner did not
receive notice of the proposed assessment, did not previously have knowledge of
the lien, or of the nuisance abatement work constituting the basis of the lien, could
not, in the exercise of reasonable care or diligence, have had such knowledge; and,
in addition, that the circumstances are such that a reduction or cancellation of the
charges would have been appropriate had the matter been reviewed pursuant to
this section prior to assessment. Upon receipt of a certification from the City
Commission, pursuant to Subsection E of this section, the Finance Department shall
cancel or reduce the lien, if required, by the determination of the Planning
Department and/or City Commission. (Ord. 1452 S 2 (part), 1998)
8.28.130 Personal Liability of Owner
The person who is the owner of the property at the time at which the notice required under
Section 8.28.080 is posted, shall be personally liable for the amount of the assessment including
all interest, civil penalties, and other charges. (Ord. 1452 S 2 (part), 1998)
8.28.140 Overhead Charge - Civil Penalties
A. Whenever a nuisance is abated by the City, the Planning Department shall keep an
accurate account of all expenses incurred, including an overhead charge of
twenty-five percent for administration, and a civil penalty of two hundred dollars for
each nuisance abated.
B. When the City has abated a nuisance maintained by any owner of real property, for
each subsequent nuisance that is abated by the City within two consecutive
calendar years concerning real property, owned by the same person, an additional
civil penalty of fifty percent, minimum of fifty dollars, of the cost of abatement shall
be added to the costs, charges, and civil penalties provided for in Subsection A of
this section. The civil penalty shall be imposed without regard to whether the
nuisances abated by the City involve the same real property or are of the same
character. (Ord. 1452 S 2 (part), 1998)
VIII-3D 10/2005
- --.....-.-." -----.---
Chapter 8.30
NOISE
Sections:
8.30.010 Pu rpose
8.30.020 Findings
8.30.030 Scope
8.30.040 Definitions
8.30.050 Loud Noises Prohibited
8.30.055 Loud Noises Prohibited in Residential Areas
8.30.060 Exceptions
8.30.070 Emergency Exemption
8.30.080 Enforcement
8.30.010 Purpose
The City Commission of the City of Bozeman hereby enacts this ordinance to protect,
preserve, and promote the health, safety, welfare, peace, and quiet of the citizens of the City of
Bozeman through the reduction, control, and prevention of raucous noise, or any noise which
unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of
reasonable persons of ordinary sensitivity. (Ord. 1539 S 1, 2001)
8.30.020 Findings
A. Loud and raucous noise degrades the environment of the City of Bozeman to a
degree that:
1. It may be harmful to the health, welfare, and safety of its inhabitants and
visitors;
2. It may interfere with the comfortable enjoyment of life and property
reasonably expected in an urban environment;
3. It may cause or aggravate health problems.
B. Both the effective control and the elimination of loud or raucous noise are essential
to the health and welfare of the citizens and visitors of the City of Bozeman as well
as to the conduct of the normal pursuits of life, including recreation, work, and
communication.
C. The use of sound amplification equipment creates loud and raucous noise that may,
in a particular manner and at a particular time and place, substantially and
unreasonably invade the privacy, peace, and freedom of the citizens of and visitors
to the City of Bozeman.
D. Certain short-term easing of noise restrictions is essential to allow the construction
and maintenance of structures, infrastructure, and other elements necessary for the
physical and commercial vitality of the City of Bozeman. (Ord. 1539 S 1, 2001)
8.30.030 Scope
This ordinance applies to the control of all sound originating within the jurisdictional limits of
the City of Bozeman. (Ord. 1539 S 1,2001)
8.30.040 Definitions
A. "Director of Public Safety" means the Director of the Department of Public Safety
of the City of Bozeman or the director's designee.
VIII-31 10/2005
B. "Director of Public Service" means the Director of the Department of Public Service
of the City of Bozeman or the director's designee.
C. "Emergency" means any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate attention.
D. "Emergency work" means any work
1. Performed for the purpose of preventing or alleviating physical trauma or
property damage;
2. Restoring property to a safe condition following a public calamity;
3. By private or public utilities when restoring utility service; or
4. Performed to protect persons or property from exposure to danger or
potential danger.
E. "Health" means an optimal state of physical, mental, and emotional well being and
not merely the absence of disease.
F. "Person" means any individual, firm, association, partnership, joint venture,
corporation, or public entity including but not limited to federal, state, or city
government.
G. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk, alley,
or similar place which is normally accessible to the public which is owned or
controlled by a government entity.
H. "Public space" means any real property or structure on real property, owned by the
government and normally accessible to the public, including but not limited to parks
and other recreational areas. For the purposes of this ordinance, public space will
also include any property, whether publicly or privately owned, used by members
of the general public as a method of ingress, egress, or for parking. (Ord. 1539 S 1,
2001 )
8.30.050 Loud Noises Prohibited
It is unlawful to perform any of the following acts anywhere within the city's jurisdictional
limits:
A. Sound Amplifying Equipment. Except as authorized in 8.30.060.A.5. herein, using,
operating, or permitting the use of any radio receiving set, musical instrument,
"boom box," CD player, radio, television, phonograph, or other machine or device for
the production or reproduction of sound in such a manner as to disturb the quiet,
comfort, or repose of any normally sensitive and reasonable person.
B. Yelling and Shouting. Except as authorized in 8.30.060.A.5. herein, yelling,
shouting, hooting, or whistling on public right of way at any time as to annoy or
disturb the quiet, comfort, or repose of any normally sensitive and reasonable
person.
C. Animals. Owning, keeping, having in possession or harboring any animals which,
by frequent or habitual howling, barking, meowing, squawking, or any other noise
as to disturb the quiet, comfort, or repose of any normally sensitive and reasonable
person.
D. Defect in Vehicle or Load. Operating any truck, trailer, automobile, motorcycle, or
vehicle so out of repair or so leaded in such a manner as to create loud and
unnecessary grating, grinding, rattling, or other noises.
E. Loudspeakers, Amplifiers, Public Address Systems. Except as authorized in
8.30.060.A.5. herein, the use or operation of any loudspeaker, amplifier, public
address system, or any similar instrument or equipment whose purpose is to amplify
VIII-32 10/2005
or make sound louder in a fixed or movable position or mounted upon any sound
truck for the purpose of giving instructions, directions, talks, addresses, lectures, or
transmitting music to any person or assemblages, in or on any public right of way
within city areas in such a manner as to disturb the quiet, comfort, or repose of any
normally sensitive and reasonable person.
F. Loud or Unusual Noises. Making or causing to be made any excessive or unusually
loud noise or any noise which is so harsh, prolonged, unnatural, or unusual in time
and place as to annoy, disturb, injure, or endanger the comfort, repose, health,
peace, or safety of any reasonable person of normal sensitivity within the limits of
the City. (Ord. 1539 S 1, 2001)
8.30.055 Loud Noises Prohibited in Residential Areas
A. Except as authorized in 8.30.060, it is unlawful to perform any of the following acts
within areas of the City zoned R-1, R~2, R-2a, R-3, R-3a, R.4, R-O, RMH, R-S, or
PLI:
1. Non-emergency Signaling Devices. Sounding any horn or signaling device
on any truck, automobile, motorcycle, or other vehicle including but not
limited to the use of backup beepers except as a warning signal;
2. Exhausts. Discharging into open air the exhaust of any steam engine,
stationary internal combustion engine, motorboat, or motor vehicle, except
through a muffler or other device which will effectively prevent loud or
explosive noises;
3. Construction Projects. Operating equipment or performing any
construction or repair work on buildings, structures, streets, highways,
bridges, or other public right of way or operating any pile driver, steam
shovel, pneumatic hammer, derrick, steam electric hoist, generator, pump,
or other construction-type device in such a manner which may disturb the
quiet, comfort or repose of any normally sensitive and reasonable person.
4. Loading, Unloading, or Opening Containers. Loading, unloading, opening,
or other handling of boxes, crates, containers, garbage containers, or other
objects in such a manner as to disturb the quiet, comfort, or repose of any
normally sensitive and reasonable person.;
5. Snow Blowers, Leaf Blowers, or Similar Devices. Operating any noise-
creating blower, power fan, or any internal combustion engine, the
operation of which causes noise due to the explosion of operating gases
or fluids including but not limited to snow blowers or other snow removal
devices, leaf blowers, chainsaws, or lawnmowers in a manner which may
disturb the quiet, comfort, or repose of any normally sensitive and
reasonable person.
S. The activities described in 8.03.055(A) above are authorized in areas within the City
of Bozeman zoned B-1, B-2, B-3, M-1, M-2, HMU, and B.P without restrictions set
forth in 8.03.060 below. (Ord. 1539 S 1, 2001)
8.30.060 Exceptions
A. Subject to Section 8.30.050 and 8.30.055.A., the following activities will be
authorized as follows:
1. Non~emergency Signaling Devices. Except as authorized in part 3 of this
section, the sounding or permitting of any sounding of amplified signals
VIII-33 10/2005
from any bell, chime, siren, whistle, or similar device intended primarily for
non-emergency purposes, including but not limited to back up beepers, will
be authorized at any time between the hours of 6:00 a.m. and 8:00 p.m.
from October 1 through March 30 and between 6:00 a.m. and 10:00 p.m.
from April 1 through September 30.
2. Construction Projects. Operating equipment or performing any
construction or repair work as defined above will be authorized between
the hours of 6:00 a.m. and 8:00 p.m. from October 1 through March 30 and
between 6:00 a.m. and 10:00 p.m. from April 1 through September 30.
The Director of Public Service may authorize temporary relief from this
section upon application and a showing of extraordinary need for the use
of this equipment beyond or outside these hours. Such authorization will
clearly set forth the dates and hours of the authorized use as well as any
special conditions needed to mitigate potential negative noise impacts.
3. Loading, Unloading, or Opening Containers. The loading, unloading,
opening, or other handling of boxes, crates, containers, solid waste
containers, or other similar objects, including but not limited to the
collection of solid waste as defined in Section 8.16.010, recyclables or
compostable materials by either the City of Bozeman or a private
contractor duly licensed by the Montana Public Service Commission for the
collection and transportation of solid waste will be authorized provided the
parties obtain and comply with any permits required by Title 18 of the
Bozeman Municipal Code. Should a permit not be required, this activity is
authorized between the hours of 5:00 a.m. and 8:00 p.m. from October 1
through March 30 and between 5:00 a.m. and 10:00 p.m. from April 1
through September 30.
4. Snow Blowers, Leaf Blowers, or Similar Devices. The operation of any
equipment as defined above will be authorized between the hours of 6:00
a.m. and 8:00 p.m. from October 1 through March 30 and between 6:00
a.m. and 10:00 p.m. from April 1 through September 30.
5. Outdoor Events. Any outdoor gatherings, public dances, shows sporting
events, and other similar outdoor events will be authorized provided the
parties obtain any permits required by Title 12, Chapter 32, of this code.
Should the event not require a permit, the gathering will be authorized
between the hours of 6:00 a.m. and 8:00 p.m. from October 1 through
March 30 and between 6:00 a.m. and 10:00 p.m. from April 1 through
September 30.
6. Outdoor Activities. Activities conducted on public playgrounds and pUblic
or private school grounds, which are conducted in accordance with the
manner in which such spaces are generally used, including but not limited
to the use of a city-owned park, swimming pool, skate park, ball fields,
school athletic, or school entertainment events.
7. Public Work. Noise created in the performance of any work in the public
right-of-way or on public space as defined herein which is reasonably
necessary for the public benefit, welfare, convenience or safety, including
but not limited to the maintenance of streets, parking lots, water, and
wastewater lines but excluding solid waste activities.
B. Nothing in this section will be construed to allow activity which is prohibited under
Title 18 of this code. (Ord. 1539 S 1, 2001)
VIII-34 10/2005
8.30.070 Emergency Exemption
Any of the acts defined in Sections 8.30.050, 8.30.055, and 8.30.060 which are performed
for emergency work for the safety, welfare, and public health of the citizens of Bozeman are
exempted from the provisions of this section. (Ord. 1539 S 1,2001)
8.30.080 Enforcement
A. The Director of Public Safety will have the primary responsibility for the enforcement
of this ordinance. Nothing in this ordinance will prevent the director from obtaining
voluntary compliance by way of warning, notice or education.
B. A violation of this section will be punishable as follows:
1. 1 st Offense will be punishable by a fine of not more than $500.00 or six
months in the county jailor both;
2. 2nd Offense occurring within one year from the conviction of the first
offense will be punishable by a minimum fine of not less than $100.00 or
more than $500.00, a maximum of six months in the county jailor both;
3. 3rd Offense occurring within one year from the conviction of the first
offense will be punishable by a minimum fine of not less than $200.00 but
in no event more than $500.00, a maximum of six months in the county jail
or both;
4. 4th Offense occurring within one year from the conviction of the first
offense will be punishable by a minimum fine of not less than $350.00 but
in no event more than $500.00, a maximum of six months in the county jail
or both;
5. 5th Offense occurring within one year from the conviction of the first
offense will be punishable by a fine of $500.00, a maximum of six months
in the county jailor both.
C. Nothing in this chapter will be construed to prevent or interfere with an individual's
constitutional right to free speech. If a person's exercise of a constitutional right to
free speech would violate this ordinance, that person must be ordered, and have the
opportunity, to move, disperse, or otherwise remedy the violation prior to arrest or
a citation being issued. (Ord. 1539 S 1, 2001)
VI 11.35 10/2005
.--. ..--- ...
Chapter 8.32
SMOKING IN PLACES OF PUBLIC ASSEMBLY
Sections:
8.32.010 Locations Where Smoking Is Prohibited
8.32.020 Enforcement Authorized When - Violation Deemed Misdemeanor
8.32.010 Locations Where Smoking Is Prohibited
Except in a smoking room regularly designated, and approved by the Chief of the Fire
Department, smoking in any part of any opera house, theater, moving picture house, playhouse,
auditorium, or dancehall, while any performance, entertainment, lecture, show, play, exhibition,
or dance is in progress, is prohibited. (Prior code S 6.42.010)
8.32.020 Enforcement Authorized When - Violation Deemed Misdemeanor
The Chief of Police, or any policeman, the Chief of the Fire Department, or anyfireman under
his direction, and each or any of them, is and are directed, empowered, and required promptly
to stop any performance, exhibition, entertainment, concert, play, lecture, show, or dance, when,
in the judgment of them, or any of them, such action is necessary for public safety, or for the
enforcement of the provisions of this chapter, and forthwith to arrest or to eject from the building,
or both, each and every person violating the provisions of this chapter, and every person
convicted in the police court of a violation of this chapter shall be guilty of a misdemeanor. (Prior
code S 6.42.020)
VIII-36 10/2005
Chapter 8.36
WEED ABATEMENT
Sections:
8.36.010 Cutting Weeds and Vegetation Required - Notice - Failure Deemed
Misdemeanor
8.36.020 Abatement by City Authorized When - Assessment of Costs
8.36.010 Cutting Weeds and Vegetation Required - Notice - Failure Deemed
Misdemeanor
Any person who is the owner of, or agent for, any lot or parcel of land within the city limits,
who permits or suffers to exist upon, in front of, or along such premises so owned by him or for
which he is the agent, any growth of weeds or vegetation, or any tree or shrub of which the limbs
or branches extend over any public sidewalk at a height of less than seven feet above such
sidewalk, shall be deemed guilty of maintaining a nuisance; and if such owner or agent neglects
or refuses to cut and destroy any such growth of weeds or vegetation, or to cut away such
branches, within ten days after being notified in writing by the City Engineer to cut the same, he
shall be deemed guilty of a violation of this chapter and, upon conviction, shall be punished as
for a misdemeanor. (Prior code S 6.50.010)
8.36.020 Abatement by City Authorized When - Assessment of Costs
In case any nuisance as defined in Section 8.36.010 exists upon, in front of, or along any lot
or parcel of land within the city, whether such lot or parcel of land is occupied or unoccupied, the
City Engineer, instead of prosecuting such owner or agent, may cause such nuisance to be
abated either after notice, or immediately without notice, as the necessity therefor in each case
in his judgment may warrant, either of which shall be done at the expense of the owner; and the
City Commission may specially assess such expense to such property as a tax, which shall be
collected as other taxes are collected. (Prior code S 6.50.020)
VIII-37 10/2005
Chapter 8.40
LITTERING
Sections:
8.40.010 Loose Material in Transit
8.40.020 Loose Material Defined
8.40.010 Loose Material in Transit
Any person, firm, business, corporation, or agent thereof, transporting a load of loose
material to the city's landfill, or other installation established for disposing of said loose material,
which has not been covered or contained in a secured and covered container, shall pay, in
addition to the established dumping fee, an anti-litter assessment of twenty-five dollars per load
for vehicles smaller than a one-ton truck and small trailers, which include pickup boxes converted
to trailers and smaller, and fifty dollars per load for one-ton trucks and larger. (Ord. 1386 S 1,
1994; Ord. 1265 S 1, 1988)
8.40.020 Loose Material Defined
Loose material is defined as including, but not limited to, grass clippings, branches, leaves,
building debris, garbage, refuse, trash, paper, cardboard, or any other item, article, or material
subject to being discharged from a moving vehicle because of movement, vibration, wind, or
other physical force. (Ord. 1265 S 2, 1988)
VIII-38 10/2005
Chapter 8.44
FIRE CONTROL
Sections:
8.44.010 Definitions
8.44.020 Permit - When Required - Fees
8.44.030 Other Burning Allowed with a Permit
8.44.040 Open Burning Allowed Without Any Permit
8.44.050 Materials Prohibited for Open Burning
8.44.060 Burn Barrels Prohibited
8.44.070 Permit Holder Responsibilities
8.44.080 Safety Conditions
8.44.010 Definitions
A. "Best available control technology" means those techniques and methods of
controlling emissions of air contaminants from an open burning source, and that
limits those emissions to the maximum degree, taking into consideration impacts
on energy use, the environment, the economy, and any other costs, including the
cost to the source, including, but not limited, to:
1. Scheduling burning during periods and seasons of good ventilation;
2. Considering atmospheric dispersion forecasts;
3. Utilizing predictive modeling results from the Montana Department of
Environmental Quality to minimize smoke;
4. Limiting the amount of burning to be performed during anyone period of
time;
5. Using ignition and burning techniques that minimize smoke production;
6. Selecting fuel preparation methods to minimize dirt and moisture content;
7. Promoting fuel arrangements that create an adequate air to fuel ratio;
8. Prioritizing burns as to air quality impact and assigning control techniques
accordingly;
9. Promoting alternative treatments and uses of materials so that they do not
have to be burned.
B. "Major open burning" means open burning that, on a statewide basis, will emit more
than five hundred tons of carbon monoxide, or fifty tons of any other pollutant
regulated under Title 17, Chapter 8, Administrative Rules of Montana (ARM), in a
calendar year, except hydrocarbons. Major open burning requires a permit from the
State of Montana.
C. "Minor open burning" means open burning that emits less pollutant than "major
open burning" and must comply with this chapter, any other applicable state,
federal, or county law, including the ARMs, and use the best available control
technology (BACT).
D. "Open burning" means the burning or combustion of any material directly in the
open air, or in a receptacle other than a furnace, multiple chambered incinerator, or
a wood waste burner commonly used by the wood products industry. (Ord. 1499 S
1 (part), 1999)
VIII-39 10/2005
8.44.020 Permit - When Required - Fees
A. For burning between March 1 st and November 30th, a Gallatin County Open Burn
Permit must be obtained prior to engaging in any open burning within the Bozeman
city limits. When limits for atmospheric conditions or hours restrict burning, these
limits will be designated in the permit restrictions.
B. For any major open burning during any time of the year, or for open burning during
the months of December, January, and February, a person may make a written
application to the State Department of Environmental Quality for permission to burn.
C. Where burning is conducted on public property, or the property of someone other
than the permit applicant, within the city limits, the permit applicant will obtain a burn
permit as well as written permission from the owner or the owner's authorized agent.
D. The fees for the permits will be set in accordance with a schedule adopted by the
Gallatin County Commission. (Ord. 1499 S 1 (part), 1999)
8.44.030 Other Burning Allowed with a Permit
A. Essential agricultural open burning on a farm or ranch is allowed during the months
of March through November with a burning permit, and only for the purposes of
eliminating excess vegetative matter from irrigation ditches or cultivated fields, or
improving range conditions or wildlife habitat when no reasonable alternative
method of disposal is available.
B. Prescribed wildland open burning, if conducted on forest land or relatively
undeveloped rangeland, is allowed with a burning permit only for the purpose of
improving wildlife habitat or range conditions, reducing fire hazards from forestry
practices, controlling forest pests and diseases, promoting forest regeneration, or
promoting other accepted forest practices. (Ord. 1499 S 1 (part), 1999)
8.44.040 Open Burning Allowed Without Any Permit
From March 1 st through November 30th, a permit is not required for small recreational fires
in controlled areas. The fire must not exceed three feet in diameter and two feet in height.
However, from September 1 st through November 30th, the burner must call to see if there are
restrictions. For the purposes of this section, a recreation fire is defined as any fire not contained
in an incinerator, outdoor fireplace, barbecue grill or pit, and which is burned for pleasure,
religious, ceremonial cooking, or similar purposes. (Ord. 1499 S 1 (part), 1999)
8.44.050 Materials Prohibited for Open Burning
Open burning within the Bozeman city limits is totally prohibited for:
A. Food wastes;
B. Styrofoam, plastic wastes, and other materials generating noxious odors;
C. Poultry litter, animal droppings, dead animals, or dead animal parts;
D. Rubber materials including, but not limited to, tires
E. Treated lumber and timbers;
F. Pathogenic wastes;
G. Asbestos or asbestos.containing materials;
H. Materials resulting from salvage operations to reclaim or salvage any product or
material, except materials from the forest practice commonly referred to as a
salvage cut in timber harvesting;
I. Hazardous wastes, which are a waste or combination of wastes that, because of the
quantity, concentration, or physical, chemical, or infectious characteristic, if any,
cause or significantly contribute to an increase in mortality, or an increase in serious
irreversible or incapacitating reversible illness, or pose a substantial present or
VIII-40 10/2005
potential hazard to human health, or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed as defined in the Code
of Federal Regulations;
J. Any other materials specifically prohibited by Montana Code Annotated and the
ARMs. (Ord. 1499 S 1 (part), 1999)
8.44.060 Burn Barrels Prohibited
The use of burn barrels is totally prohibited within the Bozeman city limits. (Ord. 1499 S 1
(part), 1999)
8.44.070 Permit Holder Responsibilities
A. A permit holder must call the Gallatin County open burning number each day
burning is planned at least thirty minutes before the planned burn and give the
following information:
1. Name, permit number, and phone number;
2. Material to be burned;
3. Starting time of burning, during daylight hours;
4. Location of burn;
5. If on Forest Service property, the legal description including section,
township, and range;
6. The number of acres to be burned.
B. Before setting a fire, permit holders must ensure that adequate fire suppression
equipment and personnel are present for fire control for the duration of the burn.
The permit holder will not leave the immediate fire area until the fire has completely
burned out, with no remaining embers or smoke.
C. The permit holder may delegate any of these duties to a designated responsible
person; however, the permit holder is ultimately responsible for any violations. (Ord.
1499 ~ 1 (part), 1999)
8.44.080 Safety Conditions
A. No fire shall be set if wind or weather conditions make it hazardous to burn. If wind
or other weather conditions change making the fire hazardous, the fire must be
extinguished as quickly as possible.
B. When there is high fire danger, because winds or other conditions make burning
hazardous, or when fire suppression resources are not available, permits may be
temporarily suspended until good ventilation exists and to allow assignment of burn
priorities, if others request permission to burn on the same day.
C. The City Fire Chief, or designee, may close or restrict open burning when
necessary. All permit holders must extinguish fires upon request of any city or
county law enforcement officer or firefighter. Failure to do so will be a violation of
this chapter. (Ord. 1499 S 1 (part), 1999)
8.44.090 Enforcement - Penalties
A. The Bozeman City Police Department has the authority to investigate complaints
and issue written notices of violation, orders to take corrective action, and citations
to enforce the chapter.
B. A violation of this chapter is a misdemeanor punishable by a fine not to exceed five
hundred dollars, or imprisonment of up to six months in the county jail, or both fine
VIII-41 10/2005
and imprisonment. In addition, restitution may be requested. (Ord. 1499 S 1 (part),
1999)
V 111-42 1 0/2005
Chapter 8.48
SMOKING PROHIBITION IN ENCLOSED PUBLIC PLACES AND PLACES OF
EMPLOYMENT
Sections:
8.48.010 Legislative Findings and Intent
8.48.020 Definitions
8.48.030 Prohibition Against Smoking in Enclosed Public Places and Places of
Employment
8.48.040 Exemptions to Smoking Prohibitions
8.48.050 Declaration of Establishing as Non-smoking
8.48.060 Notification
8.48.070 Non-retaliation
8.48.080 Other Applicable Laws
8.48.090 Enforcement
8.48.100 Violations and Penalties
8.48.110 State Law Superseded
8.48.010 Legislative Findings and Intent
The City Commission of the City of Bozeman, Montana finds that:
A. Pursuant to Article II, Section 3 of the Montana Constitution, all persons have
certain inalienable rights that include a right to a "clean and healthful environment".
Article IX, Section 1, of the Montana Constitution further provides "the state and
each person shall maintain and improve a clean and healthful environment in
Montana for present and future generations". With respect to these rights and
correlating duties, it is the intent of the Bozeman City Commission and the citizens
of Bozeman in enacting this ordinance to prescribe requirements concerning
smoking tobacco in enclosed public places and in places of employment to provide
a clean and healthful environment and to protect the health and safety of people
from exposure to environmental tobacco smoke.
B. Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution and that breathing second-hand smoke (also known as environmental
tobacco smoke) is a cause of disease in healthy non.smokers, including heart
disease, stroke, respiratory disease, and lung cancer. The United States Surgeon
General has determined that second-hand smoke is responsible for the early deaths
of 65,000 Americans annually.
C. Reliable scientific studies, including studies by the Surgeon General of the United
States and studies commissioned and assessed by the U.S. Environmental
Protection Agency, have shown that breathing second-hand smoke is a significant
health hazard to non-smokers, elderly people, individuals with cardiovascular
disease, and individuals with impaired respiratory function, including asthmatics and
those with obstructive airway disease. Children exposed to second-hand smoke
have an increased risk of asthma, respiratory infections, Sudden Infant Death
Syndrome, development abnormalities, and cancer.
D. The Public Health Service's National Toxicology Program has listed second-hand
smoke as a known carcinogen (U.S. DHHS, 2000 citing Cal. EPA 1997).
E. The United States Surgeon General has determined that the simple separation of
smokers and non-smokers within the same air space may reduce, but does not
eliminate, the exposure of non-smokers to second-hand smoke. The Environmental
V 11I.43 10/2005
Protection Agency has determined that second.hand smoke cannot be reduced to
safe levels in businesses by high rates of ventilation. Air cleaners, which are only
capable of filtering the particulate matter in odors and smoke, do not eliminate the
known toxins in second-hand smoke.
F. A significant amount of second-hand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer 25% to 50% higher risk of
heart attack and higher rates of death from cardiovascular disease and cancer, as
well as increased acute respiratory disease and measurable degrees in lung
function.
G. Smoke-filled work places result in higher worker absenteeism due to respiratory
disease, lower productivity, higher cleaning and maintenance costs, increased
health insurance rates, and increased liability claims for disease related to exposure
to second-hand smoke.
H. Numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a positive
economic impact after enactment of laws requiring work places to be smoke-free.
Creation of smoke-free work places is sound economic policy and provides the
maximum level of employee health and safety.
I. Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on
merchandise and fixtures causes economic damage to businesses.
J. Accordingly, the Bozeman City Commission and the citizens of Bozeman find and
declare that the purposes of this ordinance are:
1. To protect the public health and welfare by prohibiting smoking in enclosed
public places and places of employment; and
2. To guarantee the right of non.smokers to breath smoke-free air and to
recognize that the need to breathe smoke-free air shall have priority over
the desire to smoke.
K. The City Commission of the City of Bozeman finds that it is within their police
powers to implement and enforce the provisions of this ordinance.
L. The City Commission of the City of Bozeman further finds that it is also within their
self-government powers to implement and enforce the provisions of this ordinance
and to supersede any conflicting state statutory provisions pursuant to M.C.A. s7-1-
105. (Ord. 1574 S 1, 2002)
8.48.020 Definitions
As used in this chapter, the following terms shall have the meaning:
A. "Bar" means an establishment that is devoted to the serving of alcoholic beverages
for consumption by guests and/or patrons on the premises and in which the serving
of food is only incidental to consumption of alcoholic beverages, including but not
limited to, taverns, night clubs, cocktails, lounges, and cabarets. This definition is
further limited by Section 8.48.020.F., below.
B. "Casino" means an establishment whose primary use or activity is gambling, either
in the form of gambling machines, card games, or other licensed gambling activity.
In all instances, an establishment will be considered a casino for the purpose of this
chapter if any of the following characteristics apply:
1. The establishment is referenced as a casino by sign age or by name;
2. More than one card table is on the premises;
VIII-44 10/2005
---.....-----.. .n.. _. ..__._.. .. _. -~
3. Fifteen or more gambling machines are on the premises.
C. "Employee" means a person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or her
services for a nonprofit entity.
D. "Employer" means a person, business, partnership, association, corporation,
including a municipal corporation, trust, governmental entity, or nonprofit entity that
employs the services of one or more individual persons.
E. "Enclosed public place" means an enclosed area to which the public is invited or in
which the public is permitted, including, but not limited to, banks, bars, educational
facilities, health care facilities, laundromats, public transportation facilities, reception
areas, rest rooms, retail food production and marketing establishments, retail
service establishments, retail stores, shopping malls, sports arenas, theaters, and
waiting rooms.
F. "Incidental to consumption of alcoholic beverages" means that no more than 40
percent of the business's annual gross income from the operation may be from the
sale of food.
G. "Place of employment" means an area under control of a public or private employer
that employees normally frequent during the course of employment, including but
not limited to, work areas, employee lounges, restaurants, conference rooms,
meeting rooms, class rooms, employee cafeterias, hallways, and vehicles.
H. "Public function" means a gathering of persons for the purpose of deliberation,
education, instruction, entertainment, amusement, or dining, where membership or
specific invitation is a prerequisite to entry and where the event is not intended to
be open to the public.
I. "Retailed tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories an in which the sale of other products is merely incidental.
J. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette,
pipe, weed, plant, or other combustible substance in any manner or any form. (Ord.
1574 S 1, 2002)
8.48.030 Prohibition Against Smoking in Enclosed Public Places and Places of
Employment
Smoking is prohibited in all enclosed public places and places of employment, except as
otherwise provided in this chapter. (Ord. 1574 S 1,2002)
8.48.040 Exemptions to Smoking Prohibitions
The following are exempt from the provisions of this chapter:
A. Private functions and parties, or gatherings not advertised or accessible to the
general public. Rooms or areas exempted must be fully separated by location or
building construction such that the building areas remain smoke~free;
B. Private residences, except when used as a licensed child care, adult care, or health
care facility;
C. Hotel or motel guest rooms or suite and are designated as smoking rooms.
D. Outdoor areas;
E. Retail Tobacco Stores;
F. Bars and casinos, provided that smoke from these places does not infiltrate into areas
where smoking is prohibited under this chapter. (Ord. 1574 S 1,2002)
VIII-45 10/2005
8.48.050 Declaration of Establishing as Non-Smoking
Not withstanding any other provision of this section, any owner, operator, manager, or other
person who controls any establishment described in this chapter may declare the entire
establishment as a non-smoking establishment or a portion of the establishment as non.smoking.
(Ord. 1574 S 1, 2002)
8.48.060 Notification
A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a
pictorial representation of a burning cigarette in a red circle with a red bar across it)
shall be clearly, sufficiently, and conspicuously posted in every public place, and
place of employment where smoking is prohibited by this chapter, by the owner,
operator, manager, or other person in control of that place.
B. Every public place and place of employment where smoking is prohibited by this
chapter shall have posted at every entrance a conspicuous sign clearly stating that
smoking is prohibited.
C. All ashtrays and other smoking paraphernalia shall be removed from the area where
smoking is prohibited by this chapter by the owner, operator, manager, or other
person in control of the area. (Ord. 1574 S 1, 2002)
8.48.070 Non-retaliation
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any
employee, applicant for employment, or customer because that employee, applicant or customer
exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this
chapter. (Ord. 1574 S 1, 2002)
8.48.080 Other Applicable Laws
This chapter may not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws. (Ord. 1574 S 1, 2002)
8.48.090 Enforcement
A. This chapter shall be enforced by the Director of Public Safety of the City of
Bozeman or an authorized designee.
B. Notice of the provisions of this chapter shall be given to all applicants for a
Bozeman city business license.
C. Any citizen who desires to register a complaint under this chapter may initiate
enforcement with the Director of Public Safety of the City of Bozeman or an
authorized designee.
D. The Department of Public Safety and/or the City-County Health Department, or their
designees, shall, while an establishment is undergoing otherwise mandated
inspections, inspect for compliance with this article.
E. An owner, manager, operator, or employee of an establishment regulated by this
chapter shall inform persons violating this chapter of the appropriate provisions
thereof.
F. Notwithstanding any other provision of this chapter, an employee or private citizen
may bring legal action to enforce this chapter.
G. In addition to the remedies provided by the provisions of this chapter, the Director
of Public Safety, the Bozeman City Manager, the City Attorney, or any person
aggrieved by the failure of the owner, operator, manager, or other person in control
of the public place or place of employment to comply with the provisions of this
chapter may apply for injunctive relief to enforce those provisions in any court of
competent jurisdiction.
VIII-46 10/2005
H. Upon a complaint being filed with the City, the City may request records and other
documents related to the exemptions under Section 8.48.040, and the owner,
manager, or operator of the business claiming an exemption shall provide the
records and/or documents requested by the City. (Ord. 1574 S 1, 2002)
8.48.100 Violations and Penalties
A. It shall be unlawful for any person to smoke in any area where smoking is prohibited
under this chapter and shall be subject to a fine of not exceeding one hundred
dollars ($100.00).
B. A person who owns, managers, operates, or otherwise controls a public place or
place of employment and who fails to comply with the provisions of this chapter
shall be guilty of a misdemeanor, punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
within one (1) year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional
violation.
C. In addition to the fines established by this section, a violation of this chapter by a
person who owns, manages, operates, or otherwise controls a public place or place
of employment may result in the suspension or revocation of any permit or license
issued to a person for the premises on which the violation occurred.
D. Each day on which a violation of this chapter occurs shall be considered a separate
and distinct violation. (Ord. 1574 S 1, 2002)
8.48.110 State Law Superseded
The Montana Clean Air Act as set forth in M.C.A. Title 59, Chapter 1, Parts 1 and 2, to the
extent inconsistent herewith, is hereby superseded. (Ord. 1574 S 1, 2002)
VII 1-47 10/2005