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HomeMy WebLinkAbout21- Ordinance 2077 Emergency Ordinance Adopting the Gallatin City-County Health Code & Fees ORDINANCE 2077 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING GALLATIN CITY-COUNTY HEALTH CODE AND ASSOCIATED FEES. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and, WHEREAS, pursuant to 2.02.140.C, BMC, the City Commission may, by an affirmative vote of four-fifths of its members, pass emergency measures for the immediate preservation of the public peace, property, health, or safety; and, WHEREAS, pursuant to 7-5-104, MCA, the City Commission is authorized to adopt emergency ordinances in the event of an emergency; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the Gallatin City-County Board of Health (“Board of Health”) was created by interlocal agreement between Gallatin County and the City of Bozeman and the Board of Health has adopted the Gallatin City-County Health Code (“Health Code”); and, WHEREAS, the Board of Health adopted the Health Code pursuant to its authority at § 50-2-116, MCA (2019), to adopt regulations for such public health purposes as the control and disposal of sewage, the control of communicable diseases, for tattooing and body-piercing establishments, and to implement the public health laws; and further adopted fee schedules for implementation of the Health Code such as permitting and licensing review fees; and DocuSign Envelope ID: CBACBBDB-2A73-4FC8-9581-DAA104A3D6BA WHEREAS, the Montana Legislature recently passed, and Governor Gianforte signed into law, House Bill 121 (“HB 121”) which became immediately effective and rescinds the authority for local health boards to adopt regulations; instead, local boards must now propose regulations to the local governing body for adoption. Further HB121 requires local health boards to propose for adoption to the local governing body necessary fees to administer the regulations; and WHEREAS, the Montana Legislature recently passed following the adoption of the Governor’s proposed amendments, House Bill 257 (“HB 257”), which supersedes portions of HB 121, but includes the same requirement that health boards now propose regulations and fees for adoption to a local governing body. HB 257 is awaiting the Governor’s signature and will be effective upon signage; and WHEREAS, pursuant to HB 121 and HB 257, the Board of Health is limited to recommending to the “local governing body” adopt regulations and fees as authorized by §50-2- 116, MCA; and WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify as a “local governing body” under HB 121 and the Board of Health has recommend that the City and County Commissions adopt the Health Code and the associated fees by emergency ordinance, followed by regular ordinance; and WHEREAS, the Board of Health has represented that it followed the requirements in § 50-2-130, MCA, and made written findings, after a public hearing and public comment, before adopting wastewater rules that are more stringent than state rules or guidelines, as described in the Health Code, Chapter 3, Section 3; and WHEREAS, it is necessary for public health and safety, preservation of the environment, and continuity of daily operations by the Gallatin City-County Health Department that the Health Code, including the fee schedules, remain in effect and enforceable; and WHEREAS, the City Commission therefore agrees with the Board of Health’s recommendation that the City of Bozeman must adopt the Health Code and associated fees by emergency ordinance to ensure the continued protection of the public health and environment. DocuSign Envelope ID: CBACBBDB-2A73-4FC8-9581-DAA104A3D6BA NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 The Bozeman City Commission hereby adopts the following chapters of the Gallatin City-County Health Code and the associated fees, excluding only those sections specifically identified below: A. Chapter 1 – General Provisions, excluding: i. Section 4 Adopting, Amending, and Repealing Local Health Rules ii. Section 5 Emergency Local Health Rules B. Chapter 2 - Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments (adopted in whole). C. Chapter 3 - Regulations for Wastewater Treatment Systems (adopted in whole). Section 2 Pursuant to §7-5-109, MCA, violation of this Emergency Ordinance is a misdemeanor and is punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment of no more than six (6) months in the county jail, or both. This Emergency Ordinance may be enforced by any law enforcement officer with jurisdiction. In addition, this Emergency Ordinance may be enforced by all civil remedies available in law and equity, including injunctive relief to enjoin violations of hereof. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. DocuSign Envelope ID: CBACBBDB-2A73-4FC8-9581-DAA104A3D6BA Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Emergency Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Emergency Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 7 Effective Date. This Emergency Ordinance shall be in full force and effect immediately and pursuant to §7-5-104, MCA, this Emergency Ordinance shall expire 90 days from its passage and approval. DocuSign Envelope ID: CBACBBDB-2A73-4FC8-9581-DAA104A3D6BA ADOPTED by a 4/5 vote of the total membership of the City Commission of the City of Bozeman, Montana, at an emergency session held on the 11th day of May, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: CBACBBDB-2A73-4FC8-9581-DAA104A3D6BA