HomeMy WebLinkAboutOrdinance 24- 540, Regulates Travel and Traffic on Streets and Repeals Ordinance 508
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I ORDINANCE NO. 540.
AN ORDINANCE REGULATING TRAVEL AND TRAFFIC ON THE STREETS
OF THE CITY OF BOZEMAN, PROVIDING FOR THE OPERATION OF
MOTOR VEHICLES THEREON. PRESCRIBING PENALTY FOR THE VIO-
LATION OF THE PROVISIONS OF THIS ORDINANCE. AND REPEALING
ORDINANCE NO. 508 OF THE SAID CITY OF BOZEMAN.
BE IT ORDAINED BY THE COMMISSION OF THE CITY' OF B;OZEMAN. STATE OF MONTANA:
_Iodby OnIinance No. ~cf.
TRAFFIC REGULATED AND <CONTROLLED
I Section 1. That no vehicle, as herein defined, shall be operated
or driven on the streets of the City of Bozeman except as herein provided,
and that all traffic on streets, as herein defined within the limits of the
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said City of Bozeman, shall be regulated and controlled as herein provided.
IlBFINITIONS
Section 2. That, whenever any of the following terms are used in
this Ordinance. the same shall be deemed to have, and shall be held to in-
clude, except as herein specifically provided, the meanings respectivelY Bet
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forth in t~is section, and any such terms used in the singular 'number shall be
I held to include the p1ura:I., as, ,foll,ows. to,-wlt:
a. STREET . The term "street" shall include and apply to that part
of a public highway intended for vehicles.
b. CURB. The term "curb" shall include and,apply to the boundaries
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of a street as marked or understood. ,qf
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c. VEHICLE. The term "vehicle" Bhall~~lude and apply to any con-
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veyance, including a horse, except a baby carri~ge. Hand or foot-propelled
conveyances shall be regarded as vehicles wh~n,on a street. but as pedestrians
when on a sidewalk or crossing a stree1;;"'c>n a cross-walk.
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I d. MOTOR VEHIGLE,.,.-""nie term "motor vehicle" shall include and apply
, to any vehie:tepropelled by any power, other than muscular power, which does
not run upon a rail.
e. DRIVER . The term "driver" shall include and apply to the rider,
drive,r or leader of a horse. the rider of a bicycle or a tricycle and to a
person who pushes, draws. propels or has in charge a vehicle.
f. PARKED, The term "parked" shall include and apply to any wait-
ing vehicle, excepting vehicles stopped to load or unload, standing alongside
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one another at an angle to curb.
g. RANKING, The term "ranking" shall include and apply to the :'~
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standing of vehicles behind one another parallel'. the curb. :J
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h. SIDEWALK. The term "sidewalk" shall include and apply to that
part of a highway or park for the use of pedestrians.
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Repealdd'"bftlrdJJJd:3' No. L ~7 b I
i. HORSE. The term "horse" shall include and apply to any saddle
or harness animal.
j . DRIVING. The term "driving" shall include and apply to riding.
driving, propelling or operating any vehicle or horse.
PEDESTRIANS
Section 3. That streets are primarily intended for vehicles, but
pedestrians have the right to cross them in safety, and all drivers of vehi-
cles shall exercise all proper care not to injure them. Pedestrians, when I
crossing a street, shall not carelessly or maliciously interfere with the
passage of vehicles. They should cross at right angles, and preferably at
cross walks, and should not "jay walk", i.e., cross streets at places other
than the cross walks. Pedestrians, in all instances, should keep to the
right, and should not step from sidewalk without first looking to see what
is approaching.
PASSING, TURNING, KEEPING NEAR CURB AND TO TIm RIGHT,
BACKING AND FOLLOWING I
Section 4. That a vehicle meeting another vehicle shall pass to
the right.
Section 5. That a vehicle overtaking another vehicle shall pass
to the left and not pullover to the right until entirely clear of the over-
taken vehicle.
Section 6, That any vehicle turning into another street to the
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right shall turn the corner as near the right hand curb as practicable,
thus:
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Section 7. That any vehicle turni,ng into another street to the
left shall turn around the center of the intersection of the two streets,
thus:
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That no vehicle shall t~rn into another street to the left in this
manner:
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Section 8. That the driver of any vehicle shall, before turning,
I make sure that such movement can be executed ih safety, and shall give a
plain signal to others upon the street by extending the hand, or otherwise,
in the direction in whioh it is intended to turn.
Section 9. That no vehiole shall' be turned on Main Street at any
point except
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a. At street intersections, and
b. Where Lind'ley Placeproj ected, and
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c. Fourth Avenue projected,
intersect Main Street; that on al~ other streets and avenues in said City,
J vehicles may turn at any place thereon.
Seotion 10. That a vehicle sh~ll not back to make a turn, if doing
so will obstruct traffic, but shall go to a place with clear way enough for
the purpose, or go around the block; provided, that no vehicle shall back to
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make a turn on Main Street, and, before backing, drivers of vehicles shall
give ample warning and, while backing, unceasing vigilance shall be exer-
cised not to injure those behind.
Section 11- That a vehicle shall not follow another vehicle too
closely for safety.
Section 12. That a vehicle shall keep, as near as practicable, to
the right hand curb, so as to leave the ce~ter of the street clear for over-
taking traffic--the slower the speed, the nearer the curb.
STOPPING, RANKING, PARKING, WAITING, OBSTRUCTING TRAFFIC I
Section 13. That, before decreasing speed or stopping, drivers
shall warn those following them of their intention so to do by extending the
hand or signal upward, or by giving warning of such intention in some other
unmistakable manner.
Section 14. That no vehicle shall stop on a cross walk or at a
street intersection except in an emergency.
Section 15. That no person shall leave or permit, or cause to
stand or remain, any vehicle under his control, in the driveway of any street I
in the City of 'Bozeman, within fifteen (15) feet of any hydrant in such
street; nor within twenty (20) feet from any curb corner; nor shall any vehi-
cle be left in such a position at the curb so as to prevent another already
at the curb from moving away.
Section 16. That a vehicle shall not stop with its left side to
the curb.
Section 17. That no vehicle shall stop, stand or be parked on Main
Street within fifteen feet of each side of entrance in front of the City Fire
Station; nor on any street in front of theaters, while plays or shows are on; I
nor in front of any driveway to buildings, or alleys, or the entrance to any
buildings where pUblic gatherings are held during the time of such gathering.
Section 18. That the parking of motor vehicles shall be permitted
,pn Main Street, provided that such vehicles shall be parked at an angle of 45
. degrees, with the front tire on the right hand side against the curb and with
at least one (1) foot of space on each side for passage. provided, further.
that no vehicle shall be left standing in such a manner as to obstruct any
cross-walk, and no motor vehicle shall be left standing at a curb u:lattended,
unless the emergency brake is applied and left in that position, and, in the I
case of a gasoline-driven vehicle, the motor shall be stopped, and, in the
case of any electrically-driven vehicle, the controller switch shall be
locked and the key withdrawn.
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I Section 19. That no two vehicles shall be permitted to stand side
by side parallel to the curb; bicycles, however, shall not be considered ve-
hicles for this purpose.
Section 20. That all vehicles standing on streets and avenues,
other than Main Street, shall be ranked, i.e., standing parallel with the
curb and not more than one (1) foot from the curb, and all such vehicles
shall stand with the right side next to the curbs, and at least five (5 )
feet apart.
I Section 21. That, when taking up or discharging freight or passen-
gers, vehicles shall be headed in the direction of the traffic on the right
\iJ side of the street or avenue; that, so far as is practicable, freight, coal
and other heavy traffic shall be unloaded from the right side and not from
the end of the wagon, and shall be drawn in close to the curb.
Section 22. That no vehicle shall remain backed up to the curb ex-
cept while actually loading and unloading, and in no case longer than the
actual loading or unloading requires. If the vehicle be horse-drawn, the
horse or horses ahall be turned at right angles to the vehicle and in the di-
I rection with the traffic on that side of the street.
RIGHT OF WAY
Section 23. That, upon the approach'of any fire apparatus or ambu-
lance, every vehicle shall draw up, as near as practicable to the right curb
of a street and not within sixty (60) feet of the corner, and remain at a /
standstill until such apparatus or ambulance shall have passed; that the po-
lice, fire department and ambulances shall have the right of way in any street
while responding to an emergency call: that every perso~ in charge of a vehi-
I cle shall pull to the right side of the street or avenue when signaled from a
vehicle behind desiring to pass.
Section 24. Traffic approaChing from the right has the right of
way at street and avenue crossings: for example, if two vehicles are approach-
ing an intersection where there is no traffic officer to direct, the driver
of the vehicle who finds the other vehicle croBsing his path from the right,
1s to give the other vehicle the privilege of passing in front of him.
SIGNALS
I Section 25. That a vehicle's driver, when slowing or stopping,
shall give timely signal by the hand or whip or in some' unmistakable manner;
that the vehicle' a driver, when about to t.urn, either from a. standstill or
while in motion, shall give timely signal by hand or whip; that hOlding the
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hand straight out from the driver's position is an indication that a turn is I
to be made to the side nearest the driver; that circling the hand in either
direction indicates a turn to the opposite side from which the driver is
sitting; that. in case of stopuing. the hand should be raised over the head.
Section 26. That a vehicle. before backing, shall give ample
warning.
BRAKES. SIGNALING DEVICES AND LIGHTS
Section 27. That every motor vehicle operated or driven on the I
streets of the City of Bozeman shall be provided with the following acces-
sories:
a. Two sets of independently operated brakes in good working
order. wither one of which sets must be sufficient to stop the drive wheels
of the car and prevent them from turning while the car is in motion.
b. A horn or other device for signaling sufficient under all
reasonable conditions to give timely warning of the approach of the motor
vehicle.
c. During the period between one hour after sunset and one hour I
before sunrise. every motor vehicle of the three or four-wheeled type shall
siaplay two white lights in front (one on each side) and one light in the
rear. ' Every motor vehicle of the motorcycle or two-wheeled type shall dis-
play one white light in Tront and one light in the rear. which said rear
lights in ho'th clasaes of motor vehicles shall display red rays visible to
the rear, and shall throw white light upon the number plate carried on the "
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rear of such vehicle and illuminate the same so that the number will be
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clearly visible at a distance of one hundred feet. The light of the front
lamps shall be visible at least two hundred feet in the direction whioh the I
motor vehicle is proceeding. The front lights of all motor vehicles shall
be equippedwtth SQme style of non-glare dinuners by which the intensity of
such lights is diminished; and it shall be unlawful for the driver of any ~
motor vehicle in the City of Bozeman to display on the front of such vehiole
lights of aucha degree of brightness as tend tooonfuse drivers of vehioles
coming in contact with or moving in an opposite direction from such motor
vehicles; that no spot lights shall be used within the city,limits,
MUFFLER I,:
Section 28. That, every automobile. motor vehicle or motorcycl'e
using gasoline or other explosive mixture gs motive power -shall be equipped
with a "mufflerlf, which shall be sufficient to deaden the sound of the
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explosions, and such muffler shall not be dieconnectedor cut out while such
automobile, motor vehicle or motorcycle is being operated upon any of the
streets of the City of Bozeman.
INTOXICATION
Section 29. That no person under the influence of intoxicating
liquors shall drive any kind of a vehicle on the streets of the City of
Bozeman, and driving while under the influence of intoxicating liquors shall
I be construed as wreckless driving~.
AGE OF DRIVER
Section 30. That no person under the age of sixteen (16) years
shall drive a motor vehicle on the streets of the City of Bozeman unless a
permit shall first have been obtained from the City Manager, said permit to
be conditioned upon the assuming of all responsibility by the parent or le-
gally appointed guardian, of the one to whom the permit is issued, for any
and all damages legally sustained and for any and all violations of Ordi-
I nance No. 540 of the City of Bozeman. Said parent or guardian shall execute
in writing the assumption of such liability and such violation before such
permit is granted and file the same with the City Manager.
RATES OF SPEED
Section 31. That no person shall hereafter operate or drive, or
- permit to be operated or driven, any vehicle over, upon or across any street
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within the limits of School Speed Zones within the City of Bozeman, as here-
inafter defined, between the hours of 8 o'clock A.M. and 6 o'clock P.M., nor
I over, upon or across Main Street. or any part thereof, in said City of Boze-
man, at a rate of speed greater than fifte~n (15) miles per hour, nor over,
upon or across any street. or part thereof., in said City of Bozeman, other
than Main Street. and streets within the limits of the School Speed Zones,
hereinafter defined, within the hours specified, B,t a rate of speed greater
than twenty (20) miles per hour; nor shall any person operate or drive, or
permi t to be operated or driven" any vehicle at a rate of speed greater than
ten (10) miles per hour when turning a corner at any street intersection in
the City of Bozeman, No "loafing" or "idling" of motor vehicles on Main
I Street shall be permitted.
SCHOO~;pn ZONES
Section 32. That there are hereby created in the said City of
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Bozeman. School Speed Zones, the limits of which are herein defined, wherein
the speed of any vehicle is limited, as hereinbefore ordained, to a speed not
greater than fifteen (15) miles per hour, between the hours of 8 o'clock A.M.
and 6 o'clock P.M., to-wit:
HIGH SCHOOL SPEED ZON::i;. All that part of Main Street between the
east line of Fifth Avenue and a line 150 feet east of the east line of Third
Avenue; all that part of Third AVenue between the south line of Main Street
and the north line of Babcock Street; all that part of Babcock Street between
the east line of Fifth Avenue and a line 150 feet east of the east line of I
Grand Avenue; all that part of Grand Avenue between the south line of Babcock
Street and a line 150 feet south of the south line of Olive Street; all that
part of Olive Street between a line 150 feet east of the east line of Grand
Avenue and to a line 150 feet west of the west line of Fourth Avenue; all
that part of Third Avenue between the south line of Olive Street and a line
150 feet south of the south line of Olive Street and all that part of Fourth
Avenue between the south line of Babcock Street and a line 150 feet south of
the south line of Olive Street.
HAWTHORNE SCHOOL SPEED ZONE. All that part of Church Avenue between I
a line 150 feet south of the south line of Mendenhall Street and a line 150
feet north of the north line of Lamme Street; all that part of Lamme Street
between the west line of Church Avenue and the east line of Rouse Avenue, ami
all that part of Mendenhall Street between the west line of Church Avenue and
the east line of Rouse Avenue.
LONGFELLOW SCHOOL SPEED ZONE. All that part of Tracy Avenue south ,
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between the south line of West Story Street at the west corner of Block 6 of
Fairview Addition, and a line 150 feet south of the south line of West Alder-
son Street; all that part of West Dickerson Street between the west line of I
Tracy Avenue and the east line of Willson Avenue; all that part of West Alder-
.
son Street between the east line of Tracy Avenue and a line 167 feet east of
the east line of Tracy tvenue.
QU IET ZONE
Section 33. That there is hereby 'created in the said City of Boze-
man a quiet zone, to be known as the Deaconess Hospital Quiet Zone, the limits
of which are defined as follows:
DEACONESS HOSPITAL Q,UIET ZONE. All that part of Tracy Avenue be- I
tween the north line of Mendenhall Street and the south line of Villard
Street; all that part of Willson Avenue between the north line of Mendenhall
.
Street and the south line of Villard Street; all that part of Lamme Street be-
.
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I tween the west line of Black Avenue and the east line of Grand Avenue, and
all that part of Beall Street between the west line of Black Avenue and the
east line of Grand Avenue.
Section 34. That, in the said Deaconess Hospital Quiet Zone, no
vehicle shall be driven or operated in a noisy or offensive manner, so as to
cause any discomfiture whatever to the patients in said hospital; that any
person driving or operating a motor vehicle within said quiet zone contrary
to the provisions herein shall be deemed guilty of "reckless driving", and
I shall be punished as herein provided; that every person in charge of a vehicle
shall exercise special care to approach and proceed thru such zone as noise-
lessly as possible.
USE OF SIREN
Section 35. That no person shall hereinafter place or use upon any
motor vehicle within theaity of Bozeman any siren or sireno horn or any red
light at either side or in front thereof, save upon such vehicles as are used
by the Ci ty of Bozeman40r fire prevention, police and hospital purposes, and
I no siren or sireno shall be used except when responding to an emergency call.
WARNING IWVICE
Section 36. That every person driving any motor vehicle from any
alley, lane, garage or store room, acrOBS any sidewalk in the City of Bozeman,
shall sound a bell or horn, or other device, in such manner as to give notice
and warning of his approach. '
STORAGE ON STREET OR ALLEY
: Section 37. That no owner or occupant of any livery stable, feed
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stable, blacksmith shop, garage, sales room, or other place of business, shall
suffer or permit any wagon, cart, carriage, dray or other vehicle, whether
left for safe keeping, repair, or otherwise, to be or remain on the sidewalk,
street ,or alley, adjoining or in front of any 13uch premises.
Section 38. That no vehicle shall stop, stand or be parked on lmin
Street for a longer period of time than fifteen (15) minutes between the
hours of two (2) o'clock A.M. and seven (.'7) o'clock A.M. of each or any day.
, ,ANIMALS IN HERD OR BAND
Section 39. That no person, firm or corporation shall drive any
horses; cattle, Sheep or other animals in herd or band thru, in or upon any of
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the streets, avenues or alleys of tho<,.City of Bozeman without first haVing
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secured a permit therefor from the Chief of Police, and then only thru, in or I
upon such street, avenue or alley as the Chief of police may designate; and
such person, firm or corporation, in addition to the penalty for the viola-
tion of this provision of this Ordinance, shall be liable for' all damage that
such horses, cattle. sheep or other animals may do to the property of the
City of Bozeman and the residents thereof.
SIDEWALKS AND PARKINGS
Section 40. That no person shall operate or drive, or permit to be I
operated or driven, any vehicle over, upon or across any sidewalk or parkings
in the City of Bozeman, except sidewalk at regular driveways, nor over, u"Pon
or across any platform about any passenger depot in said City.
ACCIDENTS
Section 41. That the driver of any vehicle participating in any
accident in the City of Bozeman shall report the same to the police Department
of the City of Bozeman within twenty-four hours from the time the accident
occurred. I
NUMBER PLATES
Section 42, That no person shall operate or drive a motor vehicle
on the streets of the City ,of Bozeman, unless such vehicle shall have been
properly registered and shall have the proper number plates conspicuOusly
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displayed, one on the front and one on the rear of such vehicle, each securely :j
fastened so as to prevent the same from swinging; that no person shall display
on such vehicle, at the same time, any number assigned to it under any motor
law, except as provided by the laws of Montana relating thereto. I
BROKEN GLASS
Section 43. That no person shall throw or place on any street,
avenue or alley in the City of Bozeman any glass, nails or other matter likely
to ~uncture or injure the rubber tire of any vehicle.
BARRIERS
Section 44. That no person shall drive any vehicle over, upon or
across any newly-made pavement on any street around which pavement there is a
barrier, or at, over ,or near which there is a sign warning persons not to I
drive over such pavement, or a sign stating that the street is closed.
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I B ICYCU:S
Section 45. That no person shall ride a bicycle on the streets of
Bozeman without having both hands on the handle bars, nor shall any person
ride any bicycle on the sidewalks of said City.
JUMPING OR HANGING ON VEHICLES
Section 46. That no person shall ride or jump on any vehicle with-
out the consent of the driver, and no person, while riding, shall allow any
I part of his body to protrude beyond the limits of the vehicle, nor shall ~ny
person hang on to any vehicle whatsoever.
TRAILING MOTOR VEHICLES
Section 47. That no toboggan, sled or bicycle shall trail any
motor vehicle. .
CONTROL. TREATMENT AND CONDITION OF HORSES
Section 48. That a horse shall not be unbridled, nor lef~ unattend-
I ed in a stre~t or unenclosed area, without being securely fastened, unless
harnessed to a vehicle with the wheels so secured as to prevent the horse from
moving faster than a walk.
Section 49. That a driver shall continue to hold the reins in his
hands while driving, riding or leading a horse.
Section 50. That no person shall over-load, over-drive, over-ride,
ill-treat or unnecessarily whip any horse; that no person shall crack or use
h a whip so as to excite any other one's horse, or eo as to annoy, interfere or
endanger any person; that no person shall use a horse unless it is fit for its
I work, free from lameness or Bores likely to cause pain, and without any vice
or disease to cause accident, injury or infection.
CHIEF OF POLICE. POWERS OF
Section 51. That the Chief of Police is hereby authorized, empowered
and ordered to direct. control, restrict and regulate and, when necessary,
temporarily to divert or exclude, in the interest of pUblic safety and conven-
ience, the movement of ped~strians, animals, and vehicle traffic of every kind
in streets, and to adopt and enforce regulations in regard thereto, not incan-
t sistent with the specific provisions of this Ordinance; and any violations so
promUlgated by the Chief of Police at such times and on such occasions shall
be punished as hel'ein provided.
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RECKLESS,DRIVING
Section 52. That "reckless driving" is hereby defined to be the
driving of any vehicle when not legally qualified to do so, or when intoxi-
cated, or when, for any other reason, not competent to dFive properly, or
when the vehicle is not under practical control, especially at cross walks.
-
and street intersections and junctions, or failing to exercise due care in
crossing or entering traffic of another street or avehue, or failure to use
due caution and care in traveling thru any of the Speed Zones, where spee.d is
1imi ted, or driving so as to cauae danger to pedestrians and vehicles, or I
damage ,to property, or failure to take every reasonable precaution for the
safety of life, limb and property; and any act construed or charged as "reck-
less driving" shall be punished as herein provided.
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PENALTY
Section 53. That any person violating any of the provisions of
this Ordinance, or any of the temporary rules and regulations of the Chief of
Police, as herein provided, shall, upon conviction therefor, for the first
offense, be fined not less than $5.00 and not more than $300.00, or shall be I
punished by im?risonment in the City or County Jail for a period not to ex-
ceed thirty (30) days, or by both such fine and imprisonment, and shall, for
the second offense, be fined not less than $10.00 and not more than $300.00,
or shall be punished by imprisonment in the City or County Jail for a period
not to exceed ninety (90) days, or by both such fine and imprisonment; and for
the third or any subsequent offense, shall be fined not less than $50.00 and
not more than $300.00, or shall be punished by imprisonment in the City or
County Jail for a period not to exceed ninety (90) days, or by both such fine
and imprisonment; provided that, in case the fine of Buch person is not. paid',: I
Buch person shall be imprisoned in the County or City Jail until such fine 11
satisfied, in proportion to one (1) day's imprisonment for every $2.00 of"eaid
fine.
REPEAl..
Section 54. That Ordinance No. 508 of the City of Bozeman, and all
Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance, be, and the same are, hereby repealed.
Section 55. That this Ordinance shall take effect and be in full I
(30) days from and after its passage, approval
force from and after thirty
and publication as required by law.
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I Passed by the Commission of the City of Bozeman at a regular
session thereof, held on this 17th day of April, 1924;
Approved this 17th day of April. 1924.
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MAYOR.
, M'TEST :
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- C:;Lerk of".'the Commission.
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State of Montana )
ss
County of Gallatin )
I, Walter Davis, Clerk of the Commission of the City of Bozeman, hereby
certify that the number and title of the foregoing Ordinance, No. 540, of the City
of Bozeman, Montana, was published once within ten days after its passage, to-wit:
On the 18th day of April, 1924, in the Bozeman Daily Chronicle, a daily newspaper
.1 of general circulation, printed and published in the City of Bozeman, Montana, and
that due proof of said publication was made and filed in my office.
IN WITNESS WHEREOF 1 have hereunto Bet my hand and the corporate seal of
the said City this 21st day of April, A.D. 1924.
~~~-r7Lf/
Clerk of the Commission.
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