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HomeMy WebLinkAboutOrdinance 32- 623, Prohibiting Obstruction of Streets, Alleys and Public Places and Repealing Ordinance 84 '351 ORDINANCE' NO. 623. AN ORDINANCE RELATING TO THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF TEE CITY OF BOZJEoo. MAN, TO THEIR SAFETY, AND TO KEEPING THE SAME FREE FROM OBSTRUCTION, ENCUMBRANCES AND EN- CROACHMENTS, AND FOR OTHER PURPOSES, AND REPEALING ORDINANCE NO. 84 OF THE CITY OF I BOZEMAN. BE IT ORDAINED By THE COMMISSION OF THE CITY OF BOZEMAN: SECTION 1. DESIGNATION OF STREETS The several streets, avenues, alleys and public places and extensions of the same in the City of Bozeman shall hereafter be known and designated by the name applied thereto respectively on the maps and plats of said city and additions filed in the offices of the City Clerk of the City of Bozeman, and the County Clerk and Recorder of Gallatin County, Montana. SECTION 2. FREEDOM FROM OBSTRUCTIONS ~ .; The streets, avenues, alleys and publio p1aoes of theCi ty o,f Bozeman, including sidewalks, shall at all times, except as otherwise herein provided, be kept free, clear and olean of all obstruotions, debris, encumbranoes, and encroaoh- ments which hamper or interfere with the free and safe use thereof by the publio. SECTION 3. ACTS PROHIBITID " No person shall ~pede, obstruot or tear up any ~avement, sidewalk or I oross walk, or any part thereof, dig any hole, shaft, ditch or drain, dig or remOVe any sod, earth, stones, sand or gravel from any street, avenue, alley and publio place without first having obtained permission from the Director of Public Service; or hinder or obstruct the making or repairing of any public improvement or work ordered or done by, or under the authority of the City of Bozeman. SECTION 4. PERMITS' No person, association, .company or corporation shall. enoumber or obstnuclt, or oause to be encumbered or obstructed, any street, avenue, alley or other publio place in said City by placing therein or thereon any building materials, trash, garbage, rubbish, debris, or anyartiQle or thing whatsoever, without first having obtained permission in writing from the Direotor of Public Service of the City of Bozeman. SECTION 5. REMOV At MAY BE ORDERED The Direotor of Public Servioe is hereby authorized to order any article I or thing whatsoever, which encumbers, litters or aba.Rots any street, avenue, alley or public plaoe within said City, ~obe re.oved. If suoh removal shall not be made within six hours after notioe to the ~wner or person in Charge thereof to remove the same, or if the owner can not be readily found for the purpose of suoh notice, said Director of Public Servioe shall oause the same to be removed to some I suitable place to be designated by said Direotor, at the expense of the person, corporation or assooiation responsible therefor, and under the pains and penalties as hereinafter prOVided for violations of th1s0rcl-inanoe,.. 352 SECTION 6. NO BUILDINGS IN STREETS No building or other structure, in whole or in part, shall be erected or placed upon any street, avenue, alley or public place within the City 6f Boze~ man, without permission in writing of the Dire'ctor of Public Service first had , and obtained. I SECTION 7. ORDER FOR ~10VAL ~ Any building, fence, porch, steps, gallery, or other obstruction now upon or hereafter placed or erected upon any street, avenue, alley or public place within the City of Bozeman, or which may be upon any new street, avenue, alley or public place, whioh may hereafter be opened or oreated within said City, shall be removed therefrom within such reasonable time, not exceeding thirty(30) 1 " :2~:~ than t~ree (3)~~:~:rr>-'~h~~:6~e.~~n~w~i;ing4~~ ~e~~k ' 7e- the Director of p~t:; and if th'e owner or ~erson~sponsible for such r. obstruction cannot be readily found for the purpose of such notioe, it shall be the duty of the Director of PUblic Service to cause such obstruction to be re- moved in his discretion and the expense of suoh removal shall be rec~erable from the owner of person responsible for such obstruction, in addition to the penalties herein provided; and every person who shall interfere with, resist or obstruct by acts or threats, or in any other manner, the removal of such obstruction under the order or direotion of the Direotor of Public Service, shall be deemed gUilty I, of a violation of this Ordinance. SECTION 8. WARNING SIGNALS .' ,/ I When permission shall have been granted, as herein provided, for the ./,"',ll use of any portion of a street, avenue, alley or public place of the City of Boze~ man, for any purpose whatsoever, the permitteeshall oause torches, o+"red lights, to be set in such number and location in and about said street, avenue, alley or public p1aoe, as will serve to and give reasonable, proper and t1mely warning of danger or hazard to all persons la_fully using such' street, avenue, alley or publiC plaoe, or any part thereat, and shall take all other reasonably necessary precautions to prevent accidents to the public. Suoh lights and protection shall be maintained between dusk and dawn of each and every day said street, avenue, alley or publio place shall be re~dered hazardous or unsafe for usual and cus- tomary use. Failure or omission to proteot against accident, as in this Bection provided, shall forthwith work a forfeiture of any permit which may have been granted with reference thereto. SECTION 9. I~ LO~TERIES PROHIBITED \ "'- The conducting or carrying on of any lottery, raffle, game of ohance, or any gambling game of any nature or description, in or upon any street, avenue, alley or public plaoe of said City, is hereby prohibited. SECTION 10. PENALTIES Violations of this Ordinanoe shall be pWb.ishable by a fine of not less than Five Dollars ($5'.00), and not more than Th~ee Hundred Dollars (taoo.oO), or Q 5' lo- t} :i by imprisonment of not less than three (3) days or more than nine~y (90) days, or by both such fine and imprisonment. SECTION 11. REPEALER Ordinance No. 84 of the City of Bozeman, entitled, "AN ORDINANCE RELATING TO STREETS AND ALLEYS,", is hereby' repealed. SECTION 12.. . . j . ORbINANCE EFFEC'TIvE wHEN' , ,... ; ~ This Ordinanoe shall be in full force and effect from and after thirty days after its adoption. Introduced, read and passed for the first time by theCommassion held on the 15th day of April, 1932. Read for final passage and passed by the City Commission of the 01 ty "', ., of Bozeman at a regular session of the Commission held on the 22nd day of April, 1932. ~ Mayor ... - , '-- / "-,. /" ..- ~..~~ - ..., .. ......... ,. I, Carolyn .e8~lake, Clerk at the C011llD.isaion ot. the City of Bozeman, do hereby Genity that the tor.goius Orc1inance Bo. 6U ot the City of Bozeman, Montana, was pub1iahe4 by title in the Bozeman Da11y Chroniole, a' daily newspaper at general circulation, printed aDd published in the City at Bozeman, Montana, in the isaue of April 26th, 1932, and that due proof of aaid publioation was made and tiled in my ottiee. IN WITNESS WHlREOF I bave hereun~o .et my hand and the oorporate sea,l of saldCity this 30th day Of April,liZS. 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