HomeMy WebLinkAbout22- Ordinance 2107 Authorizing the Fire Chief to Issue a Burn Ban When Necessary
Ord 2107
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ORDINANCE 2107
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA GRANTING AUTHORITY TO THE FIRE CHIEF OF THE CITY OF
BOZEMAN TO ISSUE BURN BANS WITHIN THE CITY LIMITS WHEN NECESSARY.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect the public health, safety and welfare of
the citizens of Bozeman; and
WHEREAS, pursuant to its Montana Code Annotated Section 7-33-4206, a city or town
has the power to regulate or prohibit the building of bonfires or the use of fireworks within the
city; and
WHEREAS, pursuant to Bozeman Municipal Code Section 2.04.300, the fire chief is
the executive head of the fire department; and
WHEREAS, pursuant to Bozeman Municipal Code Section 18.04.080, no fire shall be
set if wind or weather conditions make it hazardous to burn; open burning permits may be
temporarily suspended due to weather conditions; and the fire chief may close or restrict open
burning when necessary; and
WHEREAS, the City Commission finds a legitimate governmental interest to protect
the general health, safety and welfare of the citizens of Bozeman in providing the fire chief the
authority to close all types of burning including fireworks when climate conditions including
but not limited to, drought, weather forecast and available fire resources are such that any
burning could endanger the safety of life and property.
DocuSign Envelope ID: 67A92F07-BDCC-46DE-99AB-0EBE70E7A23D
Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 18 of the Bozeman Municipal Code shall be amended as follows and any
sections not amended herein shall remain in effect:
Article 1 – In General
Section 18.01.010 – Fire Chief Authority
Notwithstanding any other provisions of this Chapter and the authority granted in Sec. 2.04.300,
the fire chief is authorized to issue a burn ban and may prohibit all fires and burning of
combustibles including but not limited to all open burning, fire pits, chimineas, charcoal grills, and
fireworks within the city limits. In determining to implement a burn ban, the fire chief may
consider, among others, current climate conditions including drought, weather forecast, and
available fire resources. Any burn ban issued by the fire chief may take immediate effect without
further implementing actions and will remain in effect until rescinded by the fire chief.
Section 2
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.
Section 3
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 4
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 ordinance as a whole, or any part or provision thereof, other than the part so
DocuSign Envelope ID: 67A92F07-BDCC-46DE-99AB-0EBE70E7A23D
Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
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decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
The provisions of Section 1 this Ordinance shall be codified in Chapter 18, Article 1 of the
Bozeman Municipal Code, entitled Fire Prevention and Protection: In General. Bozeman
Municipal Code shall be amended to include new Section 18.01.010, as set forth in Section 1 of
this Ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 2022.
DocuSign Envelope ID: 67A92F07-BDCC-46DE-99AB-0EBE70E7A23D
17th
22 16JuneMay
Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
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_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
DocuSign Envelope ID: 67A92F07-BDCC-46DE-99AB-0EBE70E7A23D