Title 12
STREETS,
SIDEWALKS AND PUBLIC PLACES
Chapters:
12.10 Right-of-Way Improvements
12.14 Right-of-Way Occupancy Permit
12.32 Comprehensive
Tree and Shrub Planting, Pruning and Maintenance Regulations
12.41 Disposition of City Park Property
12.42 Alcoholic Beverages on Public Lands
12.60
Regulations Governing Camping on City Right-of-Way and Other City Property
GENERAL
PROVISIONS
12.01.010 Administrative Rules
Authorized. The Public Works Director, in consultation
with the City Engineer, is authorized to develop and enforce Administrative
Rules that implement, interpret, or prescribe city law or policy or describes
city practice or procedure with respect to the subject matter found in Title 12
of the Missoula Municipal Code.
Administrative Rules developed and enforced pursuant to this section
must be adopted pursuant to the provisions found in Chapter 2.03, Missoula
Municipal Code. (Ord. 3670, 2020)
12.01.020 Violation of Certain Provisions in Title 12 Deemed a
Municipal Infraction. The penalty
provided for by this Section shall not apply to Chapter 12.40,
and shall not affect the penalty provided for in Chapter 12.40.080. After December 31, 2020, any violation
of any provision in any other Chapter of Title 12, or any Administrative
Rules implementing any provision of Title 12 adopted pursuant to Section
12.01.010 above, shall be considered a municipal infraction irrespective
of any penalty stated in those Chapters.
A. Municipal
infractions shall be governed by the procedures and requirements found in §
7-1-4150, § 7-1-4151, and § 7-1-4152, Montana Code Annotated, as amended.
B. The City
Attorney’s Office is authorized to file citations for municipal infraction of
this Title in Municipal Court, and arrange to have
them served in accordance with the provisions of § 7-1-4150, Montana Code
Annotated.
C. If the
person named in the citation is shown to have been served with the civil
citation in the proper manner and, without good cause, fails to appear in
response to the citation, judgment shall be entered against the person by the
municipal court. (Ord. 3670, 2020)
DEFINITIONS
Definitions. For the purposes of Title
12, the following words and phrases shall have the meanings respectively
ascribed to them by this chapter:
“Accessible Parking Space” means any parking space that meets
current minimum Americans with Disabilities Act (ADA) parking requirements.
“Accessible Route” means a pedestrian walkway that connects and
provides ADA compliant access to accessible elements of a development(s),
site(s) and / or structure(s) with other elements, including but not limited to
accessible parking spaces to accessible entrances, accessible entrances to
other accessible entrances, accessible entrances to public sidewalks, access to
solid waste (garbage) collection area(s), long-term / short- term storage
area(s) and postal services or mailboxes.
“Alley” or “Alley approach” means any subordinate right-of-way
between the connected street(s) used to access private or public property.
“Alley Approach Improvements” means any millings, asphalt,
concrete or other dust control improvements along any length of an alley.
“Approach” means the area from the edge of street or alley to the
property line or edge of public access easement which is intended to provide
access for vehicles to a parking facility. Component parts of a “approach”
include and are referred to as the “curb cut” (laydown), the “apron” and the
“sidewalk section”.
"Apron" means that portion of the approach extending
from the back of curb to the property line excluding the sidewalk.
“Bonded Right-of-Way Contractor” shall mean any person(s),
company(ies), corporation(s) who has filed the proper
bond, paid necessary fee(s), and has obtained a bonded right-of-way contractor
license from City of Missoula Development Services. Only bonded right-of-way
contractors shall perform construction or repair right-of-way improvements
(sidewalks, curb/gutter, paving, etc).
"Boulevard" means an area of right-of-way between the
edge of the street, whether curbed or not, and the private property line.
“Boulevard sidewalk” means sidewalks located so
as to create a boulevard between the curb/gutter or edge of the paved
street and the sidewalk.
“Boulevard Tree” means any tree which exists in an area of
right-of-way between the edges of the street, whether curbed or not, and the
adjacent private property line; within a public easement; or more than one-half
of the tree trunk at ground level is within the right-of-way.
“Construction” generally means and is synonymous with install,
installation, reconstruct, reconstruction, remove and/or replace, and repair.
"Curb Cut" means the portion of curb at the “approach”
or “alley approach” constructed so as to facilitate
the passage of vehicles to/from the street to private property. (may also be
referred to as a “laydown”)
“Director” means the Public Works Director or their designee.
"Driveway" means an area on private property where
motorized and/or non-motorized vehicles are operated or allows access between a
parking facility and a street.
“Parking Facility” means an area where vehicles are allowed to be
parked or stored and includes pads, carports, garages, parking lots, or
structures.
“Paved” means surface treatment consisting of asphalt, concrete or
other City Engineer approved hard surface material including the appropriate
subsurface materials.
“Paving Construction Work” includes parking facilities, driveway,
approach, street, alley and alley approach whether upon and / or within private
property, right-of-way, or public easement, that is required to be performed as a result of the Paving Permit, Building Permit, or Zoning
Compliance Permit process or to comply with any other Federal, State or Local
Law.
“Pedestrian Connection" or "Cross-connection” means a
pedestrian walkway that connects structures (on and off site), parking
facilities (on and off site) and / or existing or future pedestrian facilities
in the right of way or public access easement. Alleys are not considered
pedestrian connections unless designed and constructed as such.
"Private Street" means a street owned and maintained by
an individual(s), organization(s) or company(ies)
that has not been accepted for ownership or maintenance by the
City of Missoula or does not comply with Missoula City Public Work Standards
and Specifications. Private street maintenance shall be covered in covenants or
maintenance agreements.
"Property Frontage" means the boundary / property line
of a parcel that abuts a street and/or other right-of-way.
“Public Access Easement” is an easement for public benefit and
use. Public access easements may contain streets, curb/gutter, sidewalks,
trails and other related features (these may also be designated as: public
easement, public sidewalk easement, public right-of-way easement, public
non-motorized easement, etc.) Public access easements shall be subject to the
same specifications, fees, inspections and requirements as right-of-way.
“Repair” typically includes activities such as grinding,
saw-cutting, crack sealing, mud-jacking, etc.
“Residential Dwelling” is a structure providing complete,
independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation. The intent is
to be consistent with the building code and zoning code.
“Right-of-Way” or “ROW” means land, property and / or any interest
in land or property and is generally acquired,
dedicated and devoted to public use.
“Right-of-Way Encroachment” shall mean any activity/object and/or
obstacle occurring/placed/constructed/located upon/over/within the right-of-way
or public access easement and that is owned/possessed/controlled by an entity
other than a governmental body or a public utility. A right-of-way encroachment
is semi-permanent in nature with a duration exceeding thirty-six (36)
months/three (3) years.
“Right-of-way improvement(s)” or “ROW improvement(s) or “Public
Infrastructure improvements” includes all construction work in the right-of-way
and/or public easement(s). Improvements include, but are not limited to; all
materials, equipment and labor to install or repair curb/gutter, sidewalk,
road/street/alley paving, grading, drainage structures, bridges (vehicular and
pedestrian), railings, retaining walls, boulevard or median improvements,
approaches, alley approaches, curb ramps, landscaping, boulevard trees, street
lighting, traffic management signs, traffic signals, curb and pavement
markings, traffic management structures, and utilities.
“Right-of-Way Occupancy” shall mean any activity/object and/or
obstacle occurring/placed/constructed/located upon/over/within the right-of-way
or public access easement that impedes free and safe movement of vehicular,
bicycle, pedestrian travel, etc., and/or access or parking. A right-of-way
occupancy is temporary in nature with a maximum duration of thirty-six (36)
months/three (3) years or less.
"Sidewalk Section" in regards to
approaches; means the portion of an approach lying between the apron and the
driveway, within right-of-way or public access easement visually and
functionally serving as the public sidewalk.
"Snow Storage Area" means a designated or specified area
within private property that is reserved for the storage or stockpiling of
accumulated snowfall (snow), occurring and accumulated within private property,
when plowed, shoveled or removed from hardscape areas, including but not
limited to driveways, parking lots, parking garages, and pedestrian facilities
(sidewalks, trails, pathways, etc.). Snow storage areas shall address the
seasonal storage and management of accumulated snowfall (snow). Only snowfall
(snow) occurring and accumulated upon / within the public right-of-way may be
plowed or shoveled and stored within the right-of-way.
“Stacked Parking” means the parking of one vehicle directly behind
another where the second vehicle blocks access to the street, alley, drive
aisle, etcetera of the first vehicle.
“Traffic Control Plan” shall mean a plan for the safe management
and passage of motor vehicles, bicyclists, pedestrians, etc., as well as
workers, equipment and materials. Traffic control plans shall be submitted,
reviewed and approved by the City Engineer or designee prior to use of the
right-of-way or public access easement whether a right-of-way occupancy permit
is required or not. Traffic control plans shall comply with the current
revision/version of the Manual on Uniform Traffic Control Devices (MUTCD),
Montana Department of Transportation (MDT), Americans with Disabilities Act
(ADA), and the Missoula City Public Works Standards and Specifications.
Acronyms/References.
“ACI” = American Concrete Institute
"ADA" = Americans with Disabilities Act
"MCA" = Montana Code Annotated
“Missoula City-County Air Pollution Program”
“Missoula City Subdivision Standards”
“Missoula City Zoning Ordinance”
“MCPWSS” = Missoula City Public Works Standards and Specifications
Manual
"MMC" = Missoula Municipal Code
“MPRDM” = Missoula Parks and Recreation Design Manual
"MPWSS" = Montana Public Works Standard Specifications
"MUTCD" = Manual
on Uniform Traffic Control Devices
(Ord.
3709, 2023; Ord. 3670, 2020)
Chapter 12.04
Sections:
12.04.010
Purpose of this chapter.
12.04.020
Payment of cost of right-of-way petition
process for vacations and closures.
12.04.030
Procedures for right-of-way vacations and closures.
12.04.040 Limitation on refiling rejected petition to
discontinue any street or alley.
12.04.010 Purpose of this chapter. The purpose of
this chapter is to provide a uniform policy for, as well as establish,
administrative procedures for the petitioning and review of proposed vacations
and closures of dedicated public right-of-way.
Public right-of-ways were dedicated to the
public by private property owners to be held in public trust for the benefit
and use of the public. There may be good
reason for returning a dedicated right-of-way to private ownership or for altering
or closing a public right-of-way to public use.
Right-of-way vacation allows the city to relinquish all legal interest
in and authority to use or manage the right-of-way on behalf of the community
and may place the property onto the property tax rolls. The vacated right-of-way may revert to
private property ownership in equal portions or to the property from which the
right-of-way was originally taken. The
private property owner then assumes payment of the taxes, liability, and
maintenance on the vacated right-of-way.
Right-of-way closure or discontinuance might not be permanent in
nature. Discontinuance or closure of
right-of-way allows the city to retain all authority to use, manage or reopen
the public right-of-way on behalf of the public. However, by discontinuing or closing the
right-of-way, the city may allow temporary usage of it by the adjacent private
property owners in equal portions or simply close and alter the use of it. The City may apply a term limiting the length
of the closure, and may require that no permanent
structures be built upon the dedicated public right-of-way, may require the
private user of the closed right-of-way take liability for the condition and
any incidents occurring on the right-of-way, and the City may charge an annual
usage fee for private usage of the right-of-way.
The
vacation or closure of dedicated public right-of-ways
remove and/or limit the benefits they were intended to provide. This ordinance requires the evaluation of
those lost benefits and the alternative private and public good that may be
provided or required with the vacations and/or closures prior to action by the
city council. The administrative
procedures for vacations and closures may include a survey of city staff and
local utilities, a public hearing as required by Section 7-14-4114 of the
Montana Code Annotated, and may take from 70 to 90
calendar days to complete. (Ord. 2997, 1996; Prior code §28‑13.2).
12.04.020 Payment of cost
of right-of-way petition process for vacations and closures.
At the time any petition is submitted by property owners for the vacation and
closure of any public right-of-way within the city, the petitioning property
owners shall also pay a fee to the city treasurer for the purpose of defraying
the necessary costs of title searches and public notice publications. The fee shall be established and/or amended
by City Council resolution after a public hearing has been conducted. The money so received shall be deposited by
the city treasurer in the appropriate City fund, provided, however, where an
amended plat or replatting is required in accordance
with the laws of the state, and such amended plat or replatting
requires or requests any right-of-way to be vacated and/or closed, that has
been originally established by the prior official subdivision plat, all costs
associated with the preparation and review of the amended plat or replatting shall be the obligation of the petitioner for such
amended plat or replatting. (Ord. 3526, 2014; Ord.
3501 §1, 2013; Ord. 3476 §2, 2012; Ord. 3462 §2, 2011; Ord. 3433 §2, 2010; Ord.
3384 §2, 2008; Ord. 3350 §2, 2007; Ord. 3323 §2, 2006; Ord. 3298 §1, 2005 Ord.
3259 §1, 2004; Ord. 3227, 2003; Ord. 2997, 1996; Prior code §28‑13.1).
12.04.030 Procedures for right-of-way vacations and
closures. The city will
adopt procedures for processing property owner requests for vacating or closing
public right-of-way. The procedures will
include and provide for the needs or issues identified within this section.
A. When any request to vacate or
close any public right-of-way is made, the initiator of the request to vacate
or close any right-of-way is responsible for contacting all property owners
adjacent to the proposed right-of-way vacation or closure to solicit their
signatures upon the petition; and must provide the reasons for the lack of any
property owner's signature on the petition for the vacation or closure.
B. The initiator of the request to vacate or close any right-of-way
must provide the city council with an information package containing:
1. a site-specific evaluation of the reasons for the
proposed public right-of-way vacation or closure;
2. a statement of the intended usage of the public
right-of-way if the vacation or closure is approved, including a site plan;
3. a description of the intended goals for the usage of
the proposed public right-of-way vacation or closure, a review of the existing
utilities occupying any portion of the proposed public right-of-way vacation
area;
4. an evaluation of any other available alternatives
other than vacating or closing the public right-of-way, including, but not
limited to, zoning variances, adjacent land use, design modifications, and/or a
partial right-of-way vacation or closure;
5. research of the potential tax impact to the property
taxes of each of the properties adjacent to the right-of-way proposed for
vacation;
6. and a description of the site specific benefits the
property owners adjacent to the proposed right-of-way vacation or closure are
willing to consider providing in return for the approval of the vacation or
closure including benefits to the affected property owners, the neighborhood
and the community, and also including consideration of, but not limited to, any
public improvements, easements, walkways, bicycle paths, rededication of public
right-of-way, buy-back options and future usage rights as requested under any
survey of city staff and local public utility agencies.
C. All requests to close public
right-of-way shall include a term limiting the amount of time the public
right-of-way will be closed to public usage, setting a specific date for the
reopening of the public right-of-way which shall be suitable to the usage planned
by the property owners for the public right-of-way proposed for closure, and
may include the assessment of a negotiated annual fee for private usage of the
closed right-of-way for the term of the closure. The property owner will be responsible for
any of the structures installed within the closed public right-of-way and for
maintaining the structures in a safe condition during the term of the
closure. The private property owner
using the closed public right-of-way for a commercial use may be required by
the city to maintain or extend a liability insurance policy which covers
activities and incidents taking place during the term of the private usage of
the closed right-of-way. (Ord. 2997, 1996)
12.04.040
Limitation on refiling rejected petition to discontinue any street or
alley. When the city council acts
adversely upon a petition to discontinue any street or alley within the city
under the provisions of MCA Sections 7-14-2616 (1) (2) and (3), 7-14-2617,
7-14-4114 (1) (2) and (3), and 7-14-4115, no further petition to discontinue
such street or alley will be considered by the city council until the
expiration date of one year. (Ord. 2997, 1996)
BONDED CONTRACTORS
BONDED RIGHT-OF-WAY CONTRACTORS
Sections:
12.08.009 Conflicting Provisions.
12.08.020
Bonded Right-of-Way Contractors – License Requirement.
12.08.030
Bonded Right-of-Way Contractors – License Bond Required.
12.08.040
Bonded Right-of-Way Contractors – License Suspension Grounds.
12.08.050
Bonded Right-of-Way Contractors – License Suspension Report to City Council.
12.08.060
Bonded Right-of-Way Contractors -- Liability Upon Bond, Time Limit.
Section 1
12.08.003
Authority.
This ordinance is adopted pursuant to the powers granted and limitations
imposed by Montana state law and the City of Missoula’s home-rule
authority. (reference Montana Code
Annotated Title 7 Chapter 12 Part 41,
Title 7 Chapter 14 Part 41 and MCA 60-1-103) (Ord. 3552, 2015).
Section 2
12.08.005 Purpose.
This ordinance
is adopted for the purpose of setting forth licensure and bonding requirements
for work performed within/upon the public right-of-way and/or public access
easements. (Ord. 3552, 2015).
Section 3
12.08.007
Applicability.
This code shall apply to right-of-way improvements within/upon public
right-of-way and/or public easements within the City of Missoula as performed
by bonded right-of-way contractors. (Ord. 3552, 2015).
Section 4
12.08.009
Conflicting Provisions.
If the
provisions of this ordinance conflicts with other provisions or regulations of
federal, state or local government, then the most restrictive requirement(s)
shall apply to the extent permitted by law. (Ord. 3552, 2015).
12 08.010 Definitions.
A. "Bonded Right-of-Way Contractor," shall
mean person(s), company(ies), corporation(s)
performing construction or repair of right-of-way improvements (sidewalks,
curb/gutter, paving) within/upon the public right-way. Bonded right-of-way contractor shall mean any
person(s), company(ies), corporation(s) who has filed
the proper bond, paid necessary fee(s), and has obtained a license as a bonded
right-of-way contractor from City of Missoula Development Services.
B.
"Construction" as used in
this chapter shall mean install, installation, construct, construction,
reconstruct, reconstruction, repair, remove and/or replace.
C.
“Paving Construction Work” shall
mean construction and/or repair of parking facilities, driveway approach/apron,
roadway/street, alley/alley approach, and refers to any asphaltic or
cementitious concreting work, or approved alternative surface, whether upon
and/or within public right-of-way or public access easement, that is required
to be performed as a result of the building permit process, zoning compliance
permit process, a City construction/repair project or to comply with any other
federal, state or local law or code.
D.
“Public Access Easement” shall mean
an easement to/for public benefit and use.
Public access easements may contain roadways/streets, curb/gutter,
sidewalks, trails and other related features (these may also be designated as,
but not limited to public sidewalk easement, public right-of-way easement,
public roadway/street easement). Public access easements shall be subject to
the same specifications, fees, inspections and requirements as public
right-of-way.
E.
"Repair" shall mean to
reconstruct/reconstruction, repair, remove and/or replace. Repair may include, but is not limited to activities such as; grinding,
cutting/sawing, sealing, mud-jacking, etcetera.
F.
“Right-of-Way
Improvements” shall mean all construction work upon/within a public
right-of-way and/or public access easement.
Construction work may include, but is not limited to; all materials,
equipment and labor to install or repair curb/gutter, sidewalk, roadway/street,
alley/alley approach paving, grading, bridges (vehicular and/or pedestrian),
driveway approaches/aprons, alley approaches, curb ramp repairs and/or
replacements and other appurtenances related to their construction and/or
maintenance, which are located upon/within the limits of said right-of-way
improvements work. Right-of-way
improvements shall include paving construction work as defined herein. (Ord.
3552, 2015; Ord. 3244, 2004; Ord. 2043 §22, 1979: prior code §28‑94).
Section 6
12.08.020 Bonded Right-of-Way
Contractor – License Requirement.
It is unlawful for any person to engage in the business of construction
and/or repair of any right-of-way improvements in any combination thereof upon
any public right-of-way and/or public access easement within the City of
Missoula unless the person bonded right-of-way contractor is the holder of a
valid, unsuspended license as a bonded right-of-way contractor. (Ord. 3552, 2015; Ord. 3244, 2004; Ord.
2043 §23, 1979; prior code §28‑95).
Section 7
12.08.030 Bonded Right-of-Way
Contractor – License Bond.
A.
At
the time of making application for a City business license as a bonded
right-of-way contractor, the applicant shall file with City of Missoula
Development Services evidence of liability insurance as required by Section
5.08.150 and a surety bond in the amount of ten thousand dollars ($10,000.00).
B.
The bond
provided for in this section shall run to the City of Missoula and shall be
signed by a bonding company authorized to transact business in the State of
Montana. The bond shall be conditioned, so as to save
harmless the City of Missoula and all persons for whom right-of-way
improvements shall be constructed and/or repaired, by the bonded right-of-way
contractor, for a period of two (2) years from the date of final inspection and
acceptance by the City Engineer. This bond shall be in effect for problems
resulting from defective/faulty materials and/or workmanship.
(Ord. 3552, 2015; Ord. 3244, 2004;Ord.
2043 §24, 1979: Ord. 1895, 1978; prior code §20‑96).
12.08.040
Contractor – License Suspension Grounds.
The City Engineer may suspend the
business license of any contractor who shall perform any work within/upon the
public right-of-way in manner or form other than that permitted by the City
Engineer, or who shall deviate from City Public Works and Mobility Standard
Drawings and/or Missoula Public Works Standards and Specifications available at
the City of Missoula Engineering, or who shall perform any work without first
obtaining from the City Engineer the proper reviewed and approved construction
plans, or who shall fail, neglect or refuse to comply with any of the other
provisions in this chapter. It shall be unlawful for any contractor to engage
in the business of performing any work within/upon the public right-of-way
while such license shall remain suspended. (Ord. 3552, 2015; Ord. 3492, 2013;
Ord. 3244, 2004;Ord. 2043 §25, 1979; prior code §20‑97) .
12.08.050
Contractor – License Suspension Report to City Council.
Upon the
license of any contractor being suspended by the City Engineer, the City
Engineer shall report the suspension in writing to the City Council at its next
regular meeting, together with the reasons for suspension. The City Council may
either revoke the license, withdraw the suspension or affirm the license
suspension for a certain period of time. If the
license is revoked or suspended by the City Council, it shall thereafter be
unlawful for the contractor to engage in the business of performing any work
within/upon the public right-of-way. (Ord. 3552, 2015; Ord. 3492, 2013; Ord.
3244, 2004; Ord. 2043 §26, 1979; prior code §20‑98)
12.08.060 Bonded
Right-of-Way Contractor -- Liability Upon Bond, Time Limit.
Actions may be
maintained upon the bond by either the City or by any person who shall suffer
any loss or damage by reason or on account of any right-of-way improvements
constructed or repaired by a bonded right-of-way contractor, becoming unsafe
or defective within two (2) years from the date of the construction and/or
repair of right-of-way Improvements on account of materials used therein or
workmanship thereon. (Ord. 3552, 2015; Ord. 3244, 2004; Ord. 2043 §27, 1979; prior code §20‑100).
RIGHT-OF-WAY IMPROVEMENTS
12.10.040 Conflicting Provisions
12.10.050 Right-of-Way Improvements Permit –
Required
12.10.060 Permit Fees for Right-of-Way
Improvements
12.10.080 Investigation Fee – Work Without a
Permit
12.10.090 Construction Specifications for
Right-of-Way Improvements – Material Requirements
12.10.100 Right-of-Way Improvements Shall
Only be Performed by a City Licensed and Bonded Contractor
12.10.110 Requirements for Right-of-Way
Improvements
12.10.120 Construction Locations for City
Sidewalks
12.10.130 Postponement of Required
Right-of-Way Improvements
12.10.135 Latecomer’s agreements for privately
financed right-of-way improvements
12.10.140 Inspection by Development Services
12.10.160 Right-of-Way/Public Easement Paving
Construction Work -- Standards Compliance Required
12.10.170 Approaches onto Right-of-Way –
Approval
12.10.180 Approaches onto Right-of-Way –
Locations
12.10.190 Approaches
onto Right-of-way – Approach Width
12.10.200 Rights‑of‑Way – Vehicles
to be Parked within Private Property Lines
12.10.210 Condemnation by City Engineer
12.10.220 Defective Sidewalks – Failure of
Owner to Repair
12.10.230 City Council to Order Construction
and/or Repair
12.10.260 Notice – Service by Publication
12.10.280 Notice – To Contain Statement as to
Noncompliance
12.10.290 Notice – Filing of Copies to be
Conclusive Proof of Service
12.10.300 Construction by City – After
Noncompliance with Notice
12.10.310 Construction by City – Regulations
Generally
12.10.320 Payment to be Made by City Check
12.10.330 Assessment for Construction – When
Work Completed by City Contractor
12.10.340 Assessment for Construction – When
Work Completed by Private Contractor
12.10.350 Assessment for Construction – May be
Paid in Full
12.10.360 Assessment for Construction –
Payable in Installments
This ordinance is adopted pursuant to the
powers granted and limitations imposed by Montana state law; Montana Code
Annotated (MCA) and the City of Missoula’s self-governing power. (reference MCA 7-14-41, MCA 7-15-41 and MCA
60-1-103) (Ord. 3670, 2020)
This
ordinance is adopted for the purpose of setting forth design, construction and
inspection requirements for Right-of-Way Improvements. Right-of-Way
Improvements are necessary to promote public safety, create facilities and
systems for public use, allow efficient and effective movement of people and
goods, and seeks to improve quality of life, mobility and access through the
physical improvements. (Ord. 3709, 2023; Ord. 3670, 2020)
This
code shall apply to rights-of-way,
public easements and private property within the City of Missoula and shall
define and regulate the design, construction and inspection requirements for
right-of-way Improvements as defined in this ordinance, including but not
limited to installation / construction / reconstruction / repair / removal /
replacement of curb/gutter, sidewalk, street / alley paving, grading, drainage
structures and appurtenances, bridges (vehicular and/or pedestrian), railings,
retaining walls, boulevard and/or median improvements, approaches/aprons, alley
approaches, curb ramps, landscaping, boulevard trees, street lighting, traffic
management signage, traffic signals, curb and pavement marking, traffic
management structures and utility connections, repairs, or replacements and
other appurtenances related to their construction when/where required by
Missoula Municipal Code (MMC). (Ord. 3670, 2020)
12.10.040 Conflicting Provisions.
If the
provisions of this section conflict with other provisions or regulations of
federal, state or local government, then the most restrictive requirement(s)
shall apply to the extent permitted by law. (Ord. 3670, 2020)
12.10.050 Right-of-Way Improvements Permit –
Required.
Right-of-way
improvements shall be performed only after first obtaining the appropriate
permit from the City and paying the necessary permit fees found in the Public
Works and Mobility Fee Schedule.
These permits shall expire after one hundred-eighty (180) days unless
an inspection is conducted or an extension is
requested by the permittee and granted by the Director. In addition, all work
associated with pruning planting, or removing of a boulevard tree requires a
Tree Permit from Parks and Recreation. (Ord. 3670, 2020)
12.10.060 Permit Fees for Right-of-Way
Improvements.
The City Council shall
establish and amend fees for the following services by resolution after
conducting a public hearing.
A. Inspecting right-of-way improvements related to curb and gutter
construction.
B. Inspecting right-of-way improvements related to sidewalk and
approach construction.
C. Boulevard tree planting or removal through Parks and Recreation.
D. Inspecting other repair work on curb and gutter, sidewalk and
approach; grinding, saw cutting, crack sealing and other concrete work that
does not require complete removal and replacement.
E. Inspecting areas of street or alley paving construction work
within/upon the right-of-way, including striping. (Note: when both private and right-of-way
paving permits are required, only a right-of-way paving permit will be issued
and the higher of the two permit fees from the Public Works and Mobility Fee
Schedules will be applied.)
F. Right-of-way/paving project administration and management on
city-initiated projects.
The fee for Public Works and
Mobility staff to review subdivision plan submittals for compliance with
applicable codes shall be collected when the subdivision plan is submitted. The
fee for Public Works and Mobility staff to review building construction site
plans for compliance with applicable codes shall be collected prior to the
issuance of the building permit. (Ord. 3709, 2023; Ord. 3670, 2020)
Refund
of permit fees shall be given when permit errors or mistakes are caused by the
City. Refunds shall be approved by the Public Works Director. (Ord. 3709, 2023;
Ord. 3670, 2020)
12.10.080 Investigation Fee – Work Without a
Permit.
Whenever
any work for which a right-of-way Improvements or paving construction work
permit is required by this ordinance has been commenced prior to obtaining a
permit, an investigation shall be made before a permit may be issued for such
work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this ordinance and paid before any permit is issued. The payment of such
investigation fee shall not exempt any person from compliance with all
provisions of this ordinance. In addition to the investigation fee the Public
Works Director may require additional mitigation including but not limited to
removal of the concrete and/or pavement. The Public Works Director may grant
relief from the investigation fee upon written request from the contractor. (Ord. 3709, 2023; Ord. 3670, 2020)
12.10.090 Construction Specifications for
Right-of-Way Improvements – Material Requirements.
All
specifications for materials and procedures used in the construction of
right-of-way improvements shall meet or exceed the standards set forth in the
Missoula City Public Works Standards and Specifications Manual. (Ord. 3670,
2020)
12.10.100 Right-of-Way Improvements Shall Only
be Performed by a City Licensed and Bonded Contractor.
Only City licensed and bonded contractors, in
accordance with MMC Chapter 12.08, shall construct any right-of-way
improvements in any existing or proposed right-of-way, or other property owned
by or dedicated to or used by the City. All licensed and bonded contractors’ concrete
placing/finishing crews shall have at least one American
Concrete Institute (ACI) Certified Flatwork Finisher level or above on site at
all times.
In addition, all
boulevard tree work shall comply with Chapter 12.32. (Ord.
3670, 2020)
12.10.110 Requirements for Right-of-Way
Improvements.
The City
Engineer shall require right-of-way improvements to be shown on all site plans
required for the issuance of the appropriate permit; and further, shall require
right-of-way improvements to be installed prior to the issuance of a permanent
certificate of occupancy. The location and construction specifications of
right-of-way improvements shall be approved by the City Engineer, who shall
also be responsible for reviewing and inspecting the construction of all
improvements constructed within/upon right-of-way. Right-of-way improvements
may be postponed upon approval of the Director, or Director’s designee. The
criteria for applying for a postponement are listed in 12.10.130 below.
A.
Right-of-way improvements shall be installed
where none currently exist for the following:
1. New construction of residential dwelling, commercial, and/or
industrial building, excluding accessory dwelling units.
2. Additions or changes to existing structures that will cause an
increase in the required parking.
3. Where new construction or additions to parking facilities occur,
excluding single and two-family residential carports and garages.
B.
Existing hazardous and/or deteriorated
right-of-way improvements, as determined by the City Engineer, shall be
replaced/repaired or otherwise upgraded to present standards for the following:
1. New construction of residential dwelling, commercial, and/or
industrial building, excluding accessory dwelling units
2. When the footprint of a residential dwelling, commercial, and/or
industrial building is increased by 200 square feet or more.
3. Where new approaches accessing city streets are constructed.
C.
Non-ADA compliant right-of-way improvements
directly adjacent to the permitted on-site construction, as determined by the
City Engineer, shall be replaced/repaired or otherwise upgraded to present
Americans With Disabilities Act (ADA)requirements.
D.
Private Street Required. At the discretion of
the City Engineer, an access that serves as the primary fire access route
requires a private street and may include concrete curb/gutter, concrete
sidewalks and stormwater drainage /management, shall be designed and
constructed in accordance with the Missoula City Public Works Standards and
Specifications Manual as reviewed and approved by the City Engineer. Private
street paving construction work shall be completed along the entire length of a
private street starting at the existing adjacent intersecting street.
E.
All streets shall have curbing and sidewalk on
both sides unless otherwise approved by the City Engineer.
Homezones/woonerfs may be considered
as a design alternative for developments.
F. Street
names for developments:
a. New
streets that align with existing streets must have the same name as the
existing street.
b. Street
names for non-continuing streets may not duplicate nor be named so as to be confused with existing street names.
c. Street
names shall be approved by City GIS Division.
G. Alleys
must meet the following standards:
a. When
right-of-way improvements are required under this Chapter, and vehicular access
to the public street system is from the alley, the alley shall be controlled
for dust (asphalt millings recommended) along the extents of the property
frontage of the alley to the nearest intersecting street. If four or more parking spaces are proposed
off the alley, the entire length of the alley to intersecting streets shall be
controlled for dust.
b. All
alleys in the Central Business District shall be paved with concrete.
c. All
alleys shall be designed and constructed to the Missoula City Public Works
Standard and Specifications Manual.
d. In areas
where development patterns include alleys the developer is required to continue
the circulation pattern inclusive of alley construction unless topographic
constraints exist.
e. Alleys
must not dead end.
H. Connectivity
Requirements. New or proposed developments shall be reviewed by the City
Engineer for the purpose of establishing connectivity. Issues to be considered
with this review include the safety and wellbeing of the residents of the
development and their access to a sound multimodal transportation system as
well as the ability to move about within the development and access adjacent
destinations.
New or proposed
developments should also meet the applicable goals and policies of any relevant
community plans including, but not limited to the following: Long Range
Transportation Plan, Active Transportation Plan, Our Missoula Growth Policy,
the Pedestrian Facilities Master Plan, The Bicycle Facilities Master Plan, and
the Master Parks and Recreation Plan for the Greater Missoula Area.
During Review, the City
Engineer may require the following:
a. Street
connections, which can include one or more of the following:
i. Continue
existing or planned street patterns adjacent to the Development.
ii. Connect
internal private streets to adjacent public or private streets.
b.
Internal connections in compliance with the
requirements of Chapter 12.17.
c. That
connections be located within a right-of-way or public access easement.
I. Exceptions
to these standards: The Director or the City Engineer may grant deviations from
these standards if there is documentation provided by the developer that
justifies the requested changes.
J. Failure
to meet the above requirements shall be considered a violation of this Chapter.
K. Property
owners may finance the costs of right-of-way improvements adjacent to their
property pursuant to this Chapter, payable in installments extending over a
period of eight, twelve, or twenty years as specified by the property. If the
property owner does not specify the number of years, the default term shall be
twenty years. (Ord. 3709, 2023; Ord.
3670, 2020)
12.10.120 Construction Locations for City
Sidewalks.
A. All new sidewalks within the right-of-way
shall be boulevard sidewalks. The Director may approve a deviation from this
requirement if it is determined that one of the following criteria is met:
1.
The installation of a boulevard sidewalk would
significantly impact healthy mature trees, on the approved tree list or as
approved by the City of Missoula Urban Forester or their designee, located in
or adjacent to the right-of-way.
2.
The topography would make the installation of
boulevard sidewalks unusually expensive.
3.
Other features, including but not limited to;
irrigation ditches, utility poles, traffic calming, etc..., that prevent installation of boulevard sidewalks.
B. The
following shall not be used as criteria for waiver of the boulevard sidewalk
requirement:
1.
Existing fences or private structures
encroaching into the right-of-way.
2.
Existing landscaping and underground
irrigation, other than healthy mature trees.
3.
Existing sidewalk locations adjacent to the
proposed sidewalk. (Ord. 3670, 2020)
12.10.130 Postponement of Required Right-of-Way
Improvements.
A.
A
postponement request shall be made to the Director, or Director’s Designee, in
writing providing reasons for the requested postponement. Single family or
duplex residential units or lots are eligible for right of way improvement postponements.
Note: Three or more residential units or lots on the same block, or any
commercial or industrial lots will not be eligible for a postponement.
B.
The Director, or Director’s Designee, may
approve postponement of the requirement for right-of-way improvements when any
one of the following criteria is met:
1.
The improvements do not provide immediate public benefit,
including, but not limited to, connection to other public infrastructure,
safety, not located on a priority sidewalk and/or bicycle corridor, protection
of existing infrastructure, or protection of the natural environment.
2. The
ultimate alignment and grade of the street has not been established by
physical, on the ground, improvements or preliminary engineering plans.
However, properties with large frontage, high pedestrian need, drainage
concerns, or parking and access control problems may be required to establish
street alignment and construct right-of-way improvements.
3. Adverse
conditions exist that prevent cost-effective construction of improvements
including, but not limited to, lack of available right-of-way, adverse
topography, major utility conflicts, or irrigation ditches. Existing
landscaping, existing fences, or lack of existing sidewalks are not considered
adverse conditions.
4. A City initiated
right-of-way improvements construction project adjacent to the property is
planned to be completed as identified within the current five (5) year
Community Investment Program (CIP).
5. The cost of the right-of-way
improvements for an existing building remodel exceeds 20% of the total project
cost, subject to review and approval of cost estimates by the City Engineer.
C.
The need for temporary pedestrian facilities may
be required if the conditions in this chapter have resulted in a postponement
of right-of-way improvements. A corridor for future ROW improvements must be
maintained. The plans for temporary pedestrian facilities, if required, as well
as plans for landscaping and grading in the right-of-way shall be approved by
the Director, or Director’s designee prior to construction.
D.
Sidewalks and other ROW improvements deferred pursuant to
subsection (A) of this section, may be initiated at any time by resolution of
the City Council. (Ord. 3765, 2025; Ord. 3709, 2023; Ord. 3670, 2020)
12.10.135 Latecomer’s agreements for privately financed right-of-way
improvements
A. Property owners or Developers (“Developers”) may contract to
install right-of-way improvements within rights-of-way or public access
easements at their own expense after obtaining applicable approval from the
city, and where applicable state authorities, and obtaining applicable permits.
Any such public surface infrastructure improvements (“Improvements”) must be
installed in conformance with the regulations and rules of both city and state
and under the direction of the City Engineer.
B. Upon request from the Developer installing the Improvements (“the
Sponsor”), a Latecomer’s Agreement may be created between the City and the
Sponsor through which other developers directly benefitting from the
Improvements pay the Sponsor a proportionate share of the total cost of the
Improvements. Latecomer’s Agreements are intended for situations in which the
Improvements are intended to serve a finite number of properties. The City
Engineer has the discretion to determine if a Latecomer’s Agreement is appropriate.
C. The Director of Public Works and Mobility is authorized to adopt
administrative rules addressing eligible projects, the process, deadlines,
methodology, reimbursable costs, repayment procedure, and any other provisions
necessary to administer these Latecomer’s Agreements.
D. Any Latecomer’s Agreement that is developed pursuant to these
adopted rules will require City Council approval.
E. Owners of any properties subject to a Latecomer’s Agreement shall
be provided a copy of the Latecomer’s Agreement in writing.
F. An executed Latecomer’s Agreement shall remain in effect for ten
(10) years after the date the Latecomer’s Agreement is executed. Upon approval
by City Council the timeframe can be extended up to 20 years for projects with
extraordinary circumstances. Developers connecting to the Improvements shall
pay a 5% administrative fee to offset the City’s cost of administering the
program. The administrative fees shall be deposited in the enterprise fund
associated with the Improvements.
G. Latecomer’s Agreements cannot be combined with other refund or
crediting systems provided by the Missoula Municipal Code or administrative
rules.
H.
Once a Latecomer’s Agreement has
been approved by the City, for a period of ten (10) years after the City's
approval and acceptance of the Improvements, no property owner or their
representative desiring to develop adjacent to those Improvements shall be
issued any building permit or be allowed to access onto the street until their
proportionate latecomer’s fee, as determined by the City, has been paid to the
City Finance Officer or designee.
12.10.140 Inspection by Public Works and
Mobility.
All right-of-way improvements
shall be inspected and perform to the approval of the Director. Public Works
and Mobility staff may at any time, when right-of-way improvements are not
being constructed in accordance with this chapter, have authority to order the
contractor constructing right-of-way improvements to suspend work until
construction conforms with the specifications set forth in this chapter.
Sidewalk inspections will
consist of a subgrade inspection before the base material is placed and a final
inspection after the concrete placement. Upon request, the City will perform
courtesy inspections of concrete forms; but this is not a required inspection.
The contractor will be
required to request an inspection the day before, or prior to 7:00 AM on the
day of the inspection. Inspections will occur Monday through Friday during
normal working hours 8:00 AM to 5:00 PM, but will not
occur on city-observed holidays.
The City of Missoula
reviewed, stamped and approved set of plans shall be available on all
construction site(s) at all time(s).
Repair work that does not
require complete removal and replacement requires an inspection.
For asphalt paving,
inspections are required at (1) subgrade installation, (2) subbase/base
installation, (3) striping, and (4) final inspection. (Ord. 3709, 2023; Ord. 3670, 2020)
12.10.150 Right-of-Way/ Public Easement Paving
Construction Work – Application, Approval, and Permit Required.
A. Application
for permit(s) for paving construction work improvements specified in this
chapter shall be made to the City Engineer on permit application form(s)
provided for such permitting purposes.
B. City
staff shall review and determine whether the proposed improvements are in
conformance with the provisions and standards set forth in Missoula Municipal
Code and all other applicable federal, state and local regulations and
requirements. (Ord. 3670, 2020)
12.10.160 Right-of-Way/Public Easement Paving
Construction Work -- Standards Compliance Required.
A.
All paving construction work for parking
facilities, sidewalks, curb and gutter, driveway and alley approaches, that are placed in the right-of-way shall be constructed
in accordance with the most current published version of:
1. Americans with Disabilities Act (ADA) Accessibility Standards
2. Manual on Uniform Traffic Control Devices (MUTCD)
3. Montana
Pollutant Discharge Elimination System (MPDES)
4. Montana
Public Works Standard Specifications (MPWSS)
5. Missoula
City – County Air Pollution Control Program requirements.
a.
All contractors, engineers, architects and
designers shall specifically examine and closely observe the requirements of
the Missoula City – County Air Pollution Control Program, Chapter 8 - Fugitive
Particulate during all phases of paving construction work.
6. Missoula
City Public Works Standards and Specifications Manual including Standard
Drawings.
B. In the
event of conflict or discrepancy between the MUTCD, MPDES, MPWSS and any
Missoula City Public Works Standards and Specifications Manual, documentation
and / or related specifications, the
most stringent requirement shall prevail and govern. (Ord. 3670, 2020)
12.10.170 Approaches onto Right-of-Way –
Approval.
A.
All new approaches onto right-of-way shall be
referred to the City Engineer for approval.
B.
Upon approval by the City Engineer, a
right-of-way permit shall be required before construction can begin.
C.
Approaches shall conform to the Missoula City Public Works Standards and
Specifications and MMC Title 20 – Zoning. Any deviation from this
section must be approved by the City Engineer. (Ord. 3670, 2020)
12.10.180 Approaches onto Right-of-Way –
Locations.
Approaches
shall be located at the discretion of and by the approval of the City Engineer
or designee.
A.
Approaches are
permitted in the following scenarios:
1. From
Streets:
a. Existing
paved approach and driveway.
b. Existing
unpaved approach or driveway serving an existing garage or other parking
facility.
c. Where a
building permit has been submitted and approved for the construction of on-site
parking facility.
d.
To access an approved parking facility located
outside the front and side street setbacks.
e.
Where the approved parking facility is at
least 20 feet from the most restrictive of these elements: (1) the property
line, (2) edge of access easement on public street frontages, or (3) from the
edge of asphalt, back of curb, or back of sidewalk (if present or required) on
private streets within a public access easement.
f.
A minimum of thirty 30 feet of distance
between single or paired driveway approaches, on the same parcel, is
recommended and constitutes the width of an on-street parallel parking space.
g.
Existing through
lots whose backyard fronts a public right of way may have additional approach
to the back yard.
h.
A minimum of 20 feet from a crosswalk or an inferred crosswalk,
when the primary vehicle movement is backing towards the crosswalk.
2.
From Alleys:
a.
A parking facility with a minimum 24 feet
backing distance, which may include right-of-way or public access easement.
b.
An approach
from the alley may be added if there is an existing approach meeting the
requirements of this chapter from the public street.
B.
Approaches are
prohibited in the following scenarios:
- To access unpaved
areas such as backyards, side yards etc.
- To access illegal or
nonconforming parking areas such as the area within the right-of- way or
in building set-backs as defined in zoning
regulations.
- Locations
with adverse sight distance, proximity to intersections, or safety
concerns as determined by City Engineer.
- Where
physical conditions exist, which do not allow the approach grade to be 8%
or less
- Approaches
must be a minimum of five feet from property lines for curbside sidewalk
and one foot for boulevard sidewalks unless the driveway is shared.
C.
Approach locations
that do not meet the requirements for sight distance, grade, proximity to
intersection(s), or any other hazardous or unsafe traffic condition, as
determined by the City Engineer, may be mitigated by controlling the approach
configuration (i.e. right-in, right-out) if approved by the City Engineer.
D.
Each single
dwelling unit shall be limited to one approach unless additional approaches are approved by the City
Engineer.
E.
Approaches shall be located per the following:
1.
Mid-block parcels shall prioritize approaches
in the following order:
a.
Alley access
b.
Fronting street access
2.
Corner parcels
shall prioritize approaches in the following
order:
a.
Alley access
b.
Side street or lowest traffic volume street
access
c.
Fronting street or highest traffic volume
street access
3.
Through lots shall prioritize approaches in the following order:
a.
Side street or lowest traffic volume street
access
b.
Fronting street or highest traffic volume
street access
F.
Approaches onto
Collector or Arterial streets shall be avoided when other options are available
especially for driveways where vehicles enter the street with a backing
movement.
G.
An existing curb cut and approach shall be removed, the curb restored to full
height, and the previous parking area shall be landscaped if the parking
facility is or has been removed. Whenever the use of any existing approach is
planned to or will be discontinued by reason of a change in the use or design
of the private property, the owner of the property shall repair the sidewalk,
curb/gutter and boulevard affected by the abandoned approach as directed by the
City Engineer unless the existing driveway meets the requirements set forth in
MMC Chapter 12.17 Parking Facilities. If the owner of the property fails to
repair the sidewalk or curb/gutter, and boulevard, the City Engineer may order
the repair and the cost thereof be assessed against the private property.
H.
Existing approaches
impacted by city-initiated right-of-way improvement projects shall be reviewed
and approved by City Engineering (Ord
3709, 2023; Ord. 3670, 2020)
12.10.190 Approaches onto Right-of-way – Approach
Width.
Approach construction specifications are
detailed in the Missoula City Public Works Standards and Specifications Manual.
(Ord 3709, 2023; Ord. 3670, 2020)
12.10.200 Rights‑of‑Way – Vehicles to be Parked
within Private Property Lines.
Rights‑of‑way shall not be used
for private or commercial purposes unless the use is specifically authorized by
this Title or the Director. A permit for the
construction of new approach(es) shall not be issued unless vehicles to be
served or serviced can be parked entirely within the private property lines and
meets all applicable requirements of MMC Title 12 and/or MMC Title 20 - Zoning. (Ord.
3670, 2020)
12.10.210 Condemnation by City Engineer.
All
right-of-way improvements which, by reason of natural deterioration or decay,
or by reason of unevenness, steps, rapid slopes, or from any cause whatsoever,
has or will in the near future become
hazardous/dangerous to the public safety, may be condemned by the City
Engineer, and may be immediately removed/replaced or otherwise repaired, and
the cost thereof shall be assessed to the adjacent property.
Any
property whose access adversely effects the public use
or public infrastructure shall be required to mitigate the adverse effects by
taking measures to prevent accelerated deterioration of the public
infrastructure in order to maintain the current level of use. (Ord. 3670, 2020)
12.10.220 Defective
Sidewalks –
Failure of Owner to Repair.
Upon the
failure of the owner of any property to make repairs to the sidewalk adjacent
their property after notice is provided pursuant to this Chapter, and when, in
the opinion of the City Engineer, immediate repairs are necessary to prevent
accidents, the City Engineer may immediately proceed with the same, and the
full cost of such repairs shall be assessed against the property, as provided
in MMC Chapter 12.10. (Ord. 3670, 2020)
12.10.230 City Council to Order Construction
and/or Repair.
Whenever
it is deemed necessary to construct any right-of-way improvements in the City,
the City Council may, by resolution duly passed and approved, order the
construction of such right-of-way improvements, specifying in the order the
name of the street along which and the number of the lot or lots, and blocks in
front of which, the right-of-way improvements are to be constructed or
repaired. (Ord. 3670, 2020)
Upon the
City Council ordering the construction of any right-of-way improvements, the
City Engineer shall give written notice thereof within 60 days to the holder of
the record title of the property adjacent to which the right-of-way
improvements have been ordered constructed or repaired. (Ord. 3670, 2020)
Service
of the written notice provided in Chapter 12.10 must be made either by
certified or registered letter directed to the owner at his/her last known
place of residence and deposited in the United States post office within the
City, with all necessary postage and registry fees prepaid thereon, or by
publication thereof once a week for two successive weeks in a newspaper of
general circulation in the city. (Ord. 3670, 2020)
12.10.260 Notice – Service by Publication.
If
service of notice be made by publication, all right-of-way improvements ordered
constructed or repaired by the City Council on the same date may be included in
one notice, and the notice when published shall not be directed to any person
but shall be entitled "Notice to Construct Right-of-Way Improvements.” (Ord.
3670, 2020)
The
notice shall refer to the order or date of the City Council meeting ordering
the construction or repair of right-of-way improvements and shall describe the
nature of work ordered constructed or repaired, designating the name of the
street along which and the number of the lot or lots and blocks in front of or
along which the right-of-way improvements have been ordered constructed or
repaired (Ord. 3670, 2020)
12.10.280 Notice – To Contain Statement as to
Noncompliance.
The
notice shall further state that if the holder of the record title of the
property adjacent to which the right-of-way improvements have been ordered
constructed or repaired fails to construct such right-of-way improvements for a
period of 30 days from the date of the mailing of such notice, if service of
the notice shall be made by mail, or for a period of 30 days from the date of
the first publication of the notice, if service thereof be made by publication,
the right-of-way improvements will be constructed or repaired by a City sidewalk and curb contractor, and the
cost of the construction/repair of the same, together with all associated
expenses connected therewith, will be assessed against the property adjacent to
which the same has been ordered constructed or repaired and will become an
assessment thereon. (Ord. 3670, 2020)
12.10.290 Notice – Filing of Copies to be
Conclusive Proof of Service.
Copies
of all notices mailed with the registry or certified mail receipts attached
thereto, and copies of all notices published with the publisher's affidavit of
publication attached thereto shall be filed by the City Engineer in his/her
office and shall be conclusive proof of the service thereof. (Ord. 3670, 2020)
12.10.300 Construction by City – After
Noncompliance with Notice.
If the
owner of any property adjacent to which any right-of-way improvement has been
ordered constructed or repaired in the manner provided by this chapter, fails
to construct the same for a period of 30 days after the date of the first
publication of such notice, or for a period of 30 days after the date of the
mailing of the notice, the City Engineer shall let a contract for the
construction of all right-of-way improvements ordered to be constructed or
repaired. The cost of the construction or repairs, together with all expenses
in connection therewith, shall be assessed against the property adjacent to
which the right-of-way improvements is constructed or repaired and shall be
collected in the manner now or hereafter to be provided by the provisions of this
code or other City ordinance. (Ord. 3670, 2020)
12.10.310 Construction by City – Regulations
Generally.
The City
shall let a contract or contracts for the construction of all right-of-way
improvements which shall be ordered constructed during the ensuing year and
which the owners of the property, adjacent to which the right-of-way
improvements have been ordered constructed or repaired, fail to construct, or
where the property owner petitions the City Engineer to have the right-of-way
improvements installed adjacent to their property, or where the City Engineer
may order the construction or repair of any right-of-way improvements. (Ord. 3670, 2020)
12.10.320 Payment to be Made by City Check.
Payment
for right-of-way improvements construction or repair shall be made by check
drawn upon the appropriate City accounts as determined by the City Finance
Officer. Prior to final payment or the
releasing of any retainage or holdback of funds due, the contractor shall
satisfy the City Engineer that all bills incurred for the labor and materials
are fully paid. (Ord. 3670, 2020)
12.10.330 Assessment for Construction – When
Work Completed by City Contractor.
The
total cost of all work associated with right-of-way improvements constructed or
repaired by the City contractor, in accordance with the orders of the City
Council, (which total cost shall include that of the sidewalk, approach, curb
or alley approach, asphalt repairs, as well as that of any notice, publication,
inspection, grade, engineering, contract administration, fill, retaining walls,
hand-railing, manholes, manhole covers, trap doors, private crossings, traffic
control devices, pavement markings or striping, utility connections, repairs or
replacements which are located within the limits of the construction
installations, and all other necessary expenditures), shall be assessed against
the property adjacent to the right-of-way improvements thereto, are installed
lying within the right-of-way. (Ord. 3670, 2020)
12.10.340 Assessment for Construction – When
Work Completed by Private Contractor.
The cost
of any right-of-way improvements constructed or repaired by a City licensed and
bonded contractor, initiated by any property owner and not included within the
provisions of Section 12.10.330, may be assessed to the property adjacent to
which any right-of-way improvements are constructed or repaired, lying within
the right-of-way; provided, that such
contractor shall, within 30 days after the completion of such
right-of-way improvements, file with the City Engineer an itemized statement of
such work, accompanied with a written request of the property owner that the
cost of such right-of-way improvements be assessed against his/her property.
Such City licensed and bonded contractor shall be paid as provided in Section
12.10.320. (Ord. 3670, 2020)
12.10.350 Assessment for Construction – May be
Paid in Full.
Assessments
may be paid in full at any time following the first tax notice by payment of
the whole amount thereof remaining unpaid, together with the interest thereon
to the first day of January following. (Ord. 3670, 2020)
12.10.360 Assessment for Construction – Payable
in Installments.
Assessments
are payable in installments extending over a period of years,
and become due and payable each year when City taxes become due and
payable. The following table shows the
principal amount due annually:
|
Period of Years Financed |
Principal Amount Due |
|
Twenty
(20) years (default if no other period is selected by the property owner) |
1/20
(one twentieth) |
|
Twelve
(12) years |
1/12
(one twelfth) |
|
Eight
(8) years |
1/8
(one eighth) |
(Ord.
3670, 2020)
Chapter
12.12
Repealed
12.12.001 Repealed (Ord. 3670, 2020; Ord. 3498,
2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior code §28‑14).
12.12.003 Repealed (Ord. 3670, 2020; Ord. 3498,
2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior code §28‑14).
12.12.005 Repealed (Ord. 3670, 2020; Ord. 3498,
2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior code §28‑14).
12.12.007 Repealed (Ord. 3670, 2020; Ord. 3498,
2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior code §28‑14).
12.12.009 Repealed
(Ord. 3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior
code §28‑14).
12.12.010
Repealed (Ord. 3670, 2020; Ord. 3498,
2013; Ord. 3244, 2004; Ord. 2043 §5, 1979; prior code §28‑14).
12.12.020 Repealed (Ord.
3498, 2013; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 2043 §6, 1979; prior code
§28‑15).
12.12.025 Repealed (Ord. 3670, 2020Ord. 3498, 2013)
12.12.030 Repealed. (Ord.
3498, 3498; Ord. 3492, 2013; Ord. 3244, 2004; Ord. Prior code §28‑16).
12.12.040 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 2043 §7,
1979; prior code §28‑17).
12.12.050 Repealed. (Ord. 3498, 2013; Ord. 3244,
2004; Ord. Prior code §28‑71).
12.12.055 Repealed (Ord. 3670, 2020; Ord. 3498, 2013)
12.12.060 Repealed (Ord
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004)
12.12.070 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Ord. 2108, 1980; prior code §28-72)
12.12.075 Repealed (Ord.
3670, 2020; Ord. 3498, 2013)
12.12.080 Repealed (Ord. 3670, 2020; Ord. 3628, 2019; Ord. 3498,
2013; Ord. 3492, 2013; Ord. 3244, 2004; Ord. Prior code §28‑90).
12.12. Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3492, 2013; Ord. 3244, 2004; Ord. Prior code
§28‑80).
12.12.095 Repealed. (Ord. 3670, 2020; Ord. 3498, 2013)
12.12.100 Repealed (Ord. 3670, 2020; Ord. 3526, 2014; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3476 § 3, 2012; Ord. 3462 § 3, 2011; Ord. 3433 §3, 2010; Ord.
3384 §3, 2008; Ord. 3350 §3, 2007; Ord. 3323 §3, 2006;Ord. 3298, 2005; Ord.
3259 §2, 2004; Ord. 3244, 2004; Ord.
3227, 2003)
12.12.110 Repealed (Ord. 3498, 2013; Ord. 3244, 2004).
12.12.120 Repealed
(Ord. 3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004) .
12.12.130 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3416, 2010; Ord. 3244, 2004; Ord. 2370 §1, 1984; Ord. 2093,
1979).
12.12.140
Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3244, 2004; Ord. 2994, 1996; Ord. 2208, 1981; Ord. 2199 §1,
1981; Ord. 2093 (part), 1979).
12.12.150 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3244, 2004; Ord. 2043 §19, 1979; prior code §28‑67).
12.12.155 Repealed. (Ord.
3670, 2020; Ord. 3498, 2013)
12.12.160 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Prior code §28‑18).
12.12.170 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3244, 2004; Ord. 1991, 1979; prior code §28‑21).
12.12.175 Repealed (Ord.
3670, 2020; Ord. 3498, 2013)
12.12.180 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004; Ord. 1992, 1979; prior code.§28‑22).
12.12.190 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3244, 2004; Prior code §28‑73).
12.12.200 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 2043 §21,
1979; prior code §28‑91)
112.12.210
Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Ord. Prior
code §28‑51).
12.12.220 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3244; Prior code §28‑52).
12.12.230 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Prior code §28‑53).
12.12.240 Repealed (Ord
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Ord. Prior code §28‑54).
12.12.250 Repealed (Ord.
3670, 2020; Ord. 3498, 2013; Ord. 3244, 2004; Ord. 2043 §17, 1979; prior code
§28‑55).
12.12.260 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004; Prior code §28‑56).
12.12.270 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3492, 2013; Ord. 3244, 2004; Prior code §28‑57).
12.12.280 Repealed (Ord. 3670, 2020’ Ord. 3498, 2013; Ord.
3244, 2004; Ord. 2043 §18, 1979; prior code §28‑58).
12.12.290 Repealed
(Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004, Ord. Prior code §28-60).
12.12.300 Repealed
(Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004; Ord. Prior code §28‑62).
12.12.310 Repealed
(Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004; Ord. Prior code §28-63).
12.12.320 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244, 2004; Ord. Prior code §28‑64).
12.12.330 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord.
3244. 2004; Prior code §28‑66).
12.12.340 Repealed (Ord. 3670, 2020; Ord. 3498, 2013; Ord. 3416, 2010; Ord.
3244, 2004; Ord. 2611 §1, 1988; prior code §28‑65).
RIGHT-OF-WAY
OCCUPANCY/ENCROACHMENT PERMITS
Sections:
12.14.007 Conflicting provisions
12.14.009 Abbreviations/Acronyms
12.14.020 Right of Way Occupation Permit
Required
12.14.030 Permit Application Fee
12.14.050 Revocation of Permit
12.14.075 Notice of
Violation; Failure to Comply
12.14.077 Violations
and Penalties
12.14.080
Exceptions to this Chapter
Section
1
12.14.001 Authority.
This ordinance is adopted pursuant to the
powers granted and limitations imposed by Montana state law and the City of
Missoula’s self-government charter.
(reference MCA 7-12-41, MCA 7-14-41, MCA 7-15-41 and MCA 60-1-103) (Ord.
3541, 2015)
12.14.003
Purpose.
- This
ordinance is adopted for the purpose of setting forth right-of-way
occupancy (short-term) and encroachment (long-term) permits and
requirements for activities occurring and/or objects placed upon , over,
or within the public right-of-way ensure the proposal is compatible with
designated or primary uses of the public rights-of-way and/or public
easements, and
- to ensure
the safety of the public, and
- to protect
the City of Missoula's investment in public infrastructure which includes
but is not limited to; roadways/streets, alleys, traffic lights, streetlights,
curb/gutter, boulevards, sidewalks, trails and utilities, located upon,
over, under, or within the public rights-of-way and/or public
easements.
(Ord. 3541, 2015)
Section
3
This code shall apply to activities
occurring and/or objects/obstacles placed upon,
over, or within the public right-of-way and/or public
easements within the City of Missoula.
(Ord. 3541, 2015)
Section
4
12.14.007 Conflicting Provisions.
If the provisions of this ordinance conflict with other provisions or
regulations of Federal, State or Local Government, then the most restrictive
requirement(s) shall apply to the extent permitted by law. (Ord.
3541, 2015)
Section
5
12.14.009 Abbreviations/Acronyms.-
"ADA" = Americans with Disabilities Act
For
additional information visit http://www.ada.gov
"CBD" = Central Business District
For
additional information consult current Zoning Boundary Map
"MCA" = Montana Code Annotated
For
additional information visit http://leg.mt.gov/bills/mca
"MDT" = Montana Department of
Transportation
For
additional information visit http://www.mdt.mt.gov
"MMC" = Missoula Municipal Code
For
additional information visit http://www.ci.missoula.mt.us
"MPWSS" = Montana Public Works Standard
Specifications
For
additional information visit
http://www.mdt.mt.gov/business/contracting/standard_specs.shtml
"MUTCD"
= Manual on Uniform Traffic Control Devices
For
additional information visit http://www.mutcd.fhwa.dot.gov
(Ord. 3541, 2015)
Section
6
A.
“Public Easement” is an easement for public benefit and
use. Public easements may contain
roadways/streets, curb/gutter, sidewalks, trails and other related features
(these may also be designated as: public access easement, public sidewalk
easement, public right-of-way easement, public roadway/street easement, public
non-motorized easement). Public
easements shall be subject to the same specifications, fees, inspections and
requirements as public right-of-way.
B.
“Public right-of-way” is a general term denoting land, property, or
any interest in land or property, usually in a strip, acquired or devoted to
highway/road/street purposes. Basic
infrastructure improvements include but are not limited to alley, curb gutter,
boulevard and or sidewalk/trail.
C.
Right-of-Way
Encroachment shall mean any activity / object and/or obstacle
occurring/placed/constructed/located upon/over/within the public right-of-way
or easement and that is owned/possessed/controlled by an entity other than a
governmental body or a public utility. A
right-of-way encroachment is semi-permanent in nature with a duration exceeding
thirty-six (36) months/three (3) years.
D.
Right-of-Way
Occupancy shall mean
any activity/object and/or obstacle occurring/placed/constructed/located
upon/over/within the public right-of-way or easement that impedes free and safe
movement of vehicular, bicycle, pedestrian travel, etc., and/or access or
parking. A right-of-way occupancy is
temporary in nature with a maximum duration of thirty-six (36) months/three (3)
years or less. (Ord. 3541, 2015; Ord.
3244, 2004)
E.
Temporary Traffic Control Plan shall mean a plan for the safe
management and passage of motor vehicles, bicyclists , pedestrians, etc., as
well as workers, equipment and materials.
Temporary traffic control plans shall be submitted, reviewed and
approved by the City Engineer prior to use of the public right-of-way or public
easement whether a right-of-way occupancy permit is required or not. Temporary traffic control plans shall comply
with the current revision/version of the Manual on Uniform Traffic Control
Devices (MUTCD), Montana Department of Transportation (MDT), Americans with
Disabilities Act (ADA), the City of Missoula Public Works Standards and
Specifications. (Ord. 3541, 2015)
Section 7
12.14.020 Right-of-Way
Occupancy Permit Required.
The occupation of any public
right-of-way and/or public easement for the purpose of performing the
following, including but not limited to; building maintenance, construction
and/or repairs, tree removal/installation or pruning, landscaping, utility work,
temporary placement of a dumpster, or any other activity as determined by the
City Engineer that impedes the safe passage of vehicular, bicyclist and/or
pedestrian traffic, requires a right-of-way occupancy permit from Public Works
and Mobility and payment of the necessary fees. Fees for the occupation of any
public right-of-way shall be established and amended by City Council resolution
after conducting a public hearing.
A right-of-way occupancy
permit shall be required for the following:
A. The use or closure of one (1) or more lanes of traffic on a
public roadway/street for a period of one (1) hour or more(Other than
activities authorized by Missoula Municipal Code (MMC) Chapter 12.58 Special Events
Permits). Note: the guidelines from the Manual on Uniform Traffic Control
Devices (MUTCD) and the City of Missoula Standard Drawings of traffic control
plans shall be followed for any/all lane closure(s).
B. The use or closure of a
public alley for a period of one (1) hour or more.
C. The use or closure of the shoulder, parking lane or parking
space(s) located on public right-of-way for four (4) hours or more. Permission
from the Parking Commission shall be obtained for occupancy of a metered/leased
parking space and/or signed loading zone that is located within the
jurisdiction of the Parking Commission. (see 10.22.240 MMC)
D. The use or closure of a public sidewalk/trail in the Central
Business District (CBD) for a period of one hour (1) or more. Note: the
guidelines from the Manual on Uniform Traffic Control Devices (MUTCD),
Americans with Disabilities Act (ADA)and the City of Missoula standard traffic
control plans shall apply to any/all public sidewalk/trail closure. Any/all
trail use or closure shall be reviewed and approved by the City of Missoula
Parks and Recreation Department prior to issuance of the permit by Public Works
and Mobility.
E. The use or closure of all other public sidewalks/trails for a
period of four (4) hours or more. Note: the guidelines from the Manual on
Uniform Traffic Control Devices (MUTCD), Americans with Disabilities Act (ADA)
and the City of Missoula standard traffic control plans shall apply to any/all
public sidewalk/trail closure. Any/all trail use or closure shall be reviewed
and approved by the City of Missoula Parks and Recreation Department prior to
issuance of the permit by Public Works and Mobility.
F. The use or placement of a garbage receptacle(s), including but
not limited to; garbage cans, dumpsters, recycling containers and/or other
waste receptacles used for the collection of garbage/refuse/waste
located/placed upon/within a public roadway/street or parking lane for a period
of four (4) hours or more.
All right-of-way occupancy
permits shall be submitted for review and approval; install and maintain a
temporary traffic control plan in compliance with the current revision/version
of the Manual on Uniform Traffic Control Devices (MUTCD), Montana Department of
Transportation (MDT), Americans with Disabilities Act (ADA) and the City of
Missoula Public Works Standard Specifications. Temporary traffic control plans
shall provide for safe management and passage of motor vehicles, bicyclists,
and pedestrians as well as workers, equipment and materials.
Exceptions: Public federal, state, local
government employees and contractors working under contract to a public agency,
engaged in authorized work duties shall be exempt from obtaining a right-of-way
occupancy permit, however shall be required to install
and maintain any/all temporary traffic control as outlined and/or required
above.
The following items/objects
are exempt from this permit requirement:
Mailboxes,
newspaper dispensers, public garbage receptacles (located/placed upon/within a
public roadway/street or parking lane for less than four (4) hours),
approved/permitted sandwich-board signs, permanent public benches, bus stop
shelters, bicycle racks, public utility structures, and other items/objects
which the City Engineer may determine are exempt.
Prohibitions: Construction/landscape
materials (including but not limited to; bark/wood chips, dirt, gravel,
rock/stone) and/or any other items/matter/material that may block, inhibit,
obstruct or otherwise deteriorate the free drainage of the public right-of-way
shall not be permitted upon/over/within the public right-of-way and/or a public
easement.
Placement of
shipping/storage containers (on any kind/type; reusable, multi-purpose,
steel/wood, intermodal freight containers) shall not be located/placed
upon/within the public right-of-way and/or public easement for any period/time;
these objects shall not be permitted upon/within the public right-of-way and/or
public easement.
Right-of-way
occupancy, whether required to be permitted or not, shall not violate MMC
Chapter 12.28—Obstructions and/or any other portion of Missoula Municipal Code
(MMC) (Ord 3709, 2023; Ord.
3541, 2015; Ord. 3492, 2013; Ord. 3244, 2004)
12.14.025 Right-of-Way Occupancy Permit Liability and
Limitation.
Issuance of a
right-of-way occupancy permit includes the responsibility of the permittee(s)
to maintain the approved occupancy in such a manner so as to
eliminate any/all hazard(s) and to prevent injury to any/all citizens
occupying/using the public right-of-way adjacent to the right-of-way
occupancy. The right-of-way occupancy
permittee shall release, defend, indemnify and hold harmless the City of
Missoula from any/all claims of any form or kind, including but not limited to;
any/all damage, loss, injury to person(s) and/or property, and/or death to any
person(s) that results from or are caused by the said right-of-way occupancy
permit.
Issuance of a
right-of-way occupancy permit shall be limited exclusively and explicitly to
the use(s) described in the approved permit.
No additional use(s) of any kind shall be provided for, constructed,
erected and/or placed upon, over, or within the public right-of-way and/or
public easement. (Ord. 3541, 2015)
Section
9
12.14.30 Permit Application Fee.
A. Any applicant wishing to
occupy any right-of-way for a permit for the purposes set forth in Section
12.14.020 shall obtain the permit before proceeding with any occupation of the
site. All applications must include an approved traffic and/or pedestrian
control plan which conforms to the Manual on Uniform Traffic Control Devices as
well as the City of Missoula specifications and policies for traffic control in
work zones. All applications must include a schedule of work including dates
and hours of occupancy. All applications are subject to approval by the
Director or their designee.
B. The fee for the permit
for the purposes set forth in Section 12.14.020 shall be established and
amended by City Council resolution after conducting a public hearing.
C. Whenever any work for
which a permit is required by this code has been commenced without first
obtaining said permit, a special investigation shall be made before a permit
may be issued for the work. The Director may order the site vacated until the
investigation is completed and the required permit is issued. An investigation
fee, in addition to the permit fee shall be collected prior to issuance of the
permit. The investigation fee shall be equal to the permit fee required by this
code. The payment of such investigation fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty
prescribed by law. If the investigated activity is found not to require a permit
under the requirements of this code the investigation fee will be waived.
(Ord. 3709, 2023; Ord. 3526, 2014; Ord. 3541,
2015; Ord. 3501 §2; 2013; Ord. 3492, 2013; Ord. 3476 §4, 2012; Ord. 3462 §4,
2011; Ord. 3244, 2004)
Section
10
12.14.032
Right-of-Way Encroachment Permit Required.
The encroachment upon, over,
or within any public right-of-way and/or public easement by any
object(s)/use(s) for a semi-permanent period and for the specific benefit or
use of the adjacent property owner, including but not limited to; awnings,
eaves, balconies, structure extension, or overhang of any kind/form, signs,
hand railing, landing, steps, or stairs, or any other physical object as
determined by Public Works and Mobility that extends/exists off of the adjacent
property and is upon, over, or within the public right-of-way and/or public
easement shall require a right-of-way encroachment permit from Public Works and
Mobility and shall require payment of the necessary fees.
The City of Missoula City
Council shall review all encroachments that may impact existing multimodal
traffic patterns including but not limited to significant interruption or
redirection of pedestrian, bicycle, and vehicle travel, and/or removal or
relocation of parking spaces. The City Council must approve said encroachment
by resolution. Encroachments for Sidewalk Cafes are considered under Title
12.18.
Encroachments may also
require a Building Permit, Electrical Permit, Sign Permit, Zoning Compliance
Permit, or other City required permit(s). A right-of-way occupancy permit may
be required for the construction activities associated with an encroachment permit.
Issuance of a right-of-way
encroachment permit shall not convey any ownership interest in the public
right-of-way and/or public easement regardless of the right-of-way encroachment
privileges the permit provides.
Right-of-way
encroachments, whether required to be permitted or not, shall not violate MMC
Chapter 12.28 – Obstructions or any other portion of Missoula Municipal Code
(MMC.)
(Ord. 3709,
2023; Ord. 3553, 2015; Ord. 3541, 2015)
Section
11
12.14.034
Right-of-Way Encroachment Permit Requirements Within the Central
Business District (CBD).
Signs, awnings, and other attached encroachments that are
attached/connected/mounted/secured to building(s) or structures and that
overhang the public right-of-way within the CBD, require a right-of-way
encroachment permit. Signs, awnings and
other attached encroachments located/placed upon, over, or within the public
right-of-way/public easements shall provide a minimum of nine (9') feet
clearance above the curb/gutter, sidewalk, trails, and fourteen (14’) feet
above roadway/street and/or
alley, and shall project a maximum of
seven (7') feet from the face of the building or structure. In addition such
encroachment s may require a Building Permit, Electrical Permit, Sign Permit,
Zoning Compliance Permit, or other City required permit(s).
(Ord. 3541,
2015)
Section
12
12.14.036
Right-of-Way Encroachment Permit Liability and Limitation.
Issuance of a right-of-way
encroachment permit includes the responsibility of the permittee(s) to maintain
the approved encroachment in such a manner so as to
eliminate any/all hazard(s) and to prevent injury to any/all citizens occupying
or using the public right-of-way and/or public easement adjacent to the
right-of-way encroachment. By signing the right-of-way encroachment permit the
permittee agrees to release, defend, indemnify and hold harmless the City of
Missoula from any/all claims of any form or kind, including but not limited to;
any/all damage, loss, injury to person(s) and/or property, and/or death to any
person(s) that results from or are caused by the encroachment.
Public Works and Mobility
may require an additional/special insurance policy from the permittee(s) to be
issued in the name of the City of Missoula, protecting the public and the City
of Missoula from liability and/or any insurable claim(s).
Issuance
of a right-of-way encroachment permit shall be limited exclusively and
explicitly to the object(s) or use(s) described in the approved permit. No
additional object(s) or use(s) of any kind shall be provided for, constructed,
erected and/or placed upon, over, or within the public right-of-way and/or
public easement.
(Ord. 3709,
2023; Ord. 3541, 2015)
12.14.038 Right-of-Way Encroachment Permit Application
Fee.
A. Any applicant wishing to place an encroachment or obtain a
permit for an existing encroachment upon, over, or within the public
right-of-way and/or public easement as set forth in this Chapter shall apply
for and obtain a right-of-way encroachment permit from Public Works and
Mobility prior to proceeding with any encroachment activity. All applications
shall include a detailed plan for the right-of-way encroachment including
safety specifications, Building Permits (as applicable), Zoning Permits (as applicable)
and shall comply with any/all other Federal, State and Local requirements and
specifications. All right-of-way encroachment permit applications shall be
subject to review and approval by Public Works and Mobility.
The permits application shall include plans that contain the
following information:
1.Scale of no greater
than 1 inch equals 20 feet
2.Location of all
permittee and adjacent property lines
3.Location of
existing features such as building lines, curbs, sidewalks etc.
4.Location of the
proposed encroachment(s)
5.Elevation drawings
of the proposed encroachment, as applicable/required
6.Artists rendition
and/or architectural/engineering drawing(s) of the proposed encroachment, as
applicable/required
B. The fee for an approved right-of-way encroachment permit shall
be established and amended by City Council resolution after conducting a public
hearing.
C .Whenever any work for which a right-of-way encroachment permit
is required by this code has been commenced without first obtaining said
permit, a special investigation shall be made before a permit may be issued for
the work. Public Works and Mobility may order the site vacated until the
investigation is completed and the required permit is issued. An investigation
fee, in addition to the permit fee shall be collected prior to issuance of the
permit. The investigation fee shall be equal to the permit fee required by this
code. The payment of such investigation fee shall not exempt any person from
compliance with all other provisions of this code nor from any penalty
prescribed by law. If the investigated activity is found not to require an
encroachment permit under the requirements of this code the investigation and
encroachment permit fee shall be waived.
D.A Memorandum of Understanding (MOU) shall be prepared by the
City of Missoula, Public Works and Mobility and signed by the applicant(s)
and/or property owner(s) for filing with the Missoula County Clerk and
Recorders Office. The MOU shall list any/all conditions, limitations,
restrictions, terms and other information pertinent to the issuance of the
right-of-way (encroachment) permit.
(Ord. 3709, 2023; Ord. 3541, 2015)
12.14.040 Right-of-Way
Occupancy/Encroachment Permit Inspection.
A. Public Works and Mobility shall inspect all temporary traffic
control and vehicular, bicycle and pedestrian etc., safety devices. If the
traffic control/public safety requirements set forth in the right-of-way
occupancy or encroachment permit are not in compliance, then a correction
notice in the form of a Stop Work Order shall be issued to the permittee and
all activities/work terminated until corrections are made by the permittee and
approved by the City Engineer. In situations
where a public
roadway/street and/or alley is to be closed, the City Engineer may require
advance notice to affected property owners and that the traffic control, once
in place, shall be approved before the permitted activity/work commences.
B. Public Works and Mobility shall inspect right-of-way occupancy
and encroachment permit applications, activities, work, and locations/sites for
compliance with MMC Chapter 12.28 – Obstructions.
C. Public Works and Mobility shall inspect right-of-way occupancy
and encroachment permit locations/sites to evaluate the condition of public
infrastructure (including but not limited to; curb/gutter, sidewalk,
roadway/street and alley paving, grading, drainage structures, bridges
[vehicular and pedestrian], railings, retaining walls, boulevard or median
improvements, driveway approaches, alley approaches, curb ramps, landscaping,
street lighting, traffic management signs, traffic signals, curb and pavement
markings, traffic management structures, public utility connections and other
related appurtenances) to determine if any harm, damage, degradation, or other
adverse condition to the public infrastructure has occurred. Any/all resultant
harm, damage, degradation, or other adverse condition to the public
infrastructure shall be fully restored to prior condition or better, as
determined feasible and/or appropriate by Public Works and Mobility. The
permittee accepts full responsibility, including any/all resultant costs, for
restoration of the public infrastructure. Failure to comply with restoration
requirements may result in the City of Missoula completing the restoration work
and;
1.Assessing the
adjacent property owner and/or
2.Drawing against the
bonds posted by one or more licensed contractors and/or
3.Suspension or
revocation of the City of Missoula Business License for the contractor(s)
and/or adjacent business entity(ies).
D. Public Works and Mobility shall inspect a right-of-way
encroachment work;
1.After placement
and/or construction of the permitted encroachment for compliance with the
approved right-of-way encroachment permit for the following, including but not
limited to; size, location, amount of encroachment and visibility obstruction.
2.Right-of-way
encroachments that require an architectural or structural engineering stamp
shall be inspected and verified after completion by the appropriate
professional prior to approval by the Public Works and Mobility.
3.After
removal/abandonment of the permitted encroachment for compliance with
restoration of the public right-of-way and/or public access easement and public
infrastructure located upon/over/within, as detailed in this Chapter.
(Ord.
3709, 2023; Ord. 3541, 2015)
12.14.050 Revocation
of Right-of-Way Occupancy or Encroachment Permits.
A .All right-of-way occupancy or encroachment permits issued
pursuant to this code are subject to revocation at any time by Public Works and
Mobility whenever the public interest, welfare, or safety would be best served
by the permit revocation. Revocation of the permit shall require the permittee
to immediately remove the occupancy or encroachment and restore the public
right-of-way/public easement to the original condition or better.
B. The right-of-way occupancy or encroachment permittee(s) shall
be issued a notice of revocation in the form of a Stop Work Order and/or a
letter delivered by the U.S. Postal Service Certified Mail stating the reasons,
date, and time, that the
permit is/was revoked. The
permittee(s) shall have the right to appeal the revocation to Public Works and
Mobility and to correct or modify the noted discrepancies to meet requirements
set forth by Public Works and Mobility if such is deemed feasible and/or
appropriate.
(Ord. 3709,
2023; Ord. 3541, 2015; Ord. 3492, 2013; Ord. 3244, 2004)
12.14.060 Garbage
Receptacles.
A.
Permitted Locations:
A permit is not required for garbage receptacles, including but not
limited to; garbage cans, dumpsters, grease receptacles, recycling containers
and/or other waste receptacles used for the regular
collection
of garbage/refuse/waste/recycling and may be located upon/within the public right-of-way if all of the following
conditions are met:
1.
There
is no reasonable/serviceable location within the private property lines to
place them.
2.
If
there is no reasonable/serviceable location within the private property, the
receptacles shall be placed in the alley if/where available. All receptacles shall be located on private
property or in alleys adjacent to the private property within the Central
Business District (CBD)
3.
The
receptacles are to be located adjacent to the user’s property whenever
possible. If the receptacle is to be
located adjacent to a property other than the user’s property then permission
shall be requested and granted by the owner of the adjacent property prior to
placement, except within the Central Business District (CBD).
4.
If
the user’s property is located in the Central Business District (CBD) but not
adjacent to an alley then they shall use the alley
nearest to their property.
5.
The
area around any/all receptacles shall be kept neat and clean and grease
receptacles shall be emptied regularly and not present a health or odor
problem. Failure to do so shall result
in a notification of violation.
Continued violation or three (3) notifications within a one (1) year
period shall result in an order to remove the receptacles from public
right-of-way.
B.
Prohibited Locations: Except as permitted in Section A. Permitted
Locations: (above),garbage receptacles, including but not limited to; garbage
cans, dumpsters, grease receptacles, recycling containers, and/or other waste
receptacles used for the regular collection of garbage / refuse/waste/
recycling shall not be placed in the following locations:
1.
Upon/within
the public street right-of-way, except on collection day.
2.
In
any location which would prevent safe movement of vehicles, bicyclists or
pedestrians, etc.
3.
Other
locations as determined by the City Engineer, Zoning officer, Health Officer or
other City agent or as set forth in other City of Missoula Municipal Code(s)
(MMC).
(Ord. 3541,
2015; Ord. 3492, 2013; Ord.
3244, 2004)
12.14.070 Repealed. (Ord.
3541, 2015; Ord. 3244, 2004)
Section
18
12.14.075 Notice of Violation; Failure to Comply.
Upon
determination by Public Works and Mobility that a permittee has violated one
(1) or more of the provisions of this Chapter, Public Works and Mobility shall
provide either a Stop Work order or written notice by U.S. Postal Service
Certified Mail to the permittee to correct such violation. In
the event that the permittee fails or refuses to correct such violation
within twenty-four (24) hours of receiving the notice of violation, the
permittees' right-of-way (occupancy/encroachment) permit and/ or City Business
License may be suspended or revoked. Any permittee cited for three (3) or more
violations of this Chapter over a one (1) year period, even if corrected, may
have their right-of-way (occupancy/encroachment) permit and/or City Business
License revoked and/or not reinstated at time of renewal. (Ord. 3709, 2023; Ord.
3541, 2015)
Section
19
12.14.077 Violations and Penalties.
Any person convicted of a
violation of any of the provisions of this Chapter shall be subject to
revocation of their permit(s), a fine of at least $200.00 and not exceeding
$500.00, for each offense. Each
violation of a section or subsection of this Chapter, and each day that a
violation continues, shall constitute a new and separate violation and shall
bear all resultant fines and/or penalties. (Ord. 3541, 2015)
12.14.080 Exceptions
to this Chapter.
Activities
upon, over, or within the public right-of-way/easement including but not
limited to curb/gutter, sidewalks, streets, alleys, boulevards and trails that
are regulated and/or permitted in other Chapters of the Missoula Municipal Code
(MMC) shall be exempt from this Chapter. (Ord. 3541, 2015; Ord. 3244, 2004)
Section
21 12.14.090 Appeal Process
The permit
applicant may appeal Public Works and Mobility decision to deny a right-of-way
encroachment permit to the Missoula City Council by submitting a formal letter
to Public Works and Mobility requesting that his issue be referred to the City
Council citing justification as to why the Public Works and Mobility denial
should be overruled. (Ord. 3709, 2023; Ord. 3541, 2015)
SIDEWALK
MAINTENANCE
Sections:
12.16.010 Duties of property owners to keep sidewalks
repaired.
12.16.020 Legislative intent and purpose.
12.16.030 Snow and ice to be removed from sidewalks
12.16.035 Depositing of snow and ice restricted
12.16.040 Violations:
work done, liability therefore, civil penalty and collection
12.16.050 Defective sidewalks—Accidents—Police report.
12.16.060 Defective sidewalks—Failure of owner to
repair.
12.16.070 Absence of notice to repair not a defense
against fines or assessments.
12.16.080 Unlawful to drive over or deface or destroy
sidewalks.
12.16.010 Duties of
property owners to keep sidewalks repaired.
It is the duty
of the owners or tenants of any premises within the city to keep the sidewalks
in front of and adjoining their premises in good, safe and substantial
condition and repair, and the owners or tenants shall see that all breaks and
unsoundness of any character resulting from natural deterioration, or from any
cause whatever, are repaired with all possible dispatch. (Prior code §28-1).
12.16.020 Legislative intent and purpose.
A. It is
the intent of the City Council to provide safe, easily passable sidewalks for
pedestrian wintertime travel within the City of Missoula, and to require the
owners or tenants of the adjoining premises to keep the same free from snow or
other obstruction, in accord with 7-14-4105 (3) M.C.A.
B. It is
the further intent of the City Council that any person who fails to keep
his/her sidewalks cleaned per the requirements of this ordinance may be liable
for actual costs of the City cleaning the sidewalk plus a civil penalty plus a
criminal penalty.
It is also the
intent of the City Council that the criminal offenses listed in this ordinance
be offenses involving absolute liability.
Those offenses shall not require proof of any one of the mental states
described in subsections (33), (37) and (58) of Section 45-2-101, M.C.A., and
there shall be no penalty of imprisonment for a violation of this chapter. (Ord. 3040, 1997)
12.16.025
Definitions.
The following definitions shall apply in the interpretation and
enforcement of this ordinance:
A. “City” is the City of Missoula.
B. “Director” is the Director of Public Works
and Mobility or his/her duly designated and acting representative.
C.
“Lot” or “parcel” means a parcel of land occupied or intended for
occupancy by one main building together with its accessory buildings and which
may include more than one platted lot.
D.
“Person” means any individual, business association, partnership,
corporation or other legal entity, to include owner, tenant, occupant, lessee,
or otherwise.
E.
“Roadway” means that portion of a street or highway improved, designed,
or ordinarily used for vehicular travel or parking, exclusive of the berm or
shoulder.
F. “Sidewalk” means a paved, concrete, or cement pathway
intended for public pedestrian use and located parallel to a street or road, on
either public right-of-way or a public use easement.
(Ord. 3709, 2023; Ord. 3492, 2013; Ord. 3040,
1997)
12.16.030 Snow and ice to be removed from sidewalks.
A. Every person owning, in charge or control of,
or occupying as tenant any building or lot of land within the city which fronts
on, abuts, or contains within a public
use easement a sidewalk, shall remove and clear away, or cause to be removed
and cleared away, snow, ice, slush, mud, or other impediment to safe and
convenient foot travel from so much of said sidewalk as is in front of, abuts
on, or is contained within said building or lot of land. It is further such person’s duty to prevent
accumulation of the same upon such sidewalks.
Snow, ice, slush, mud, or other impediment shall be
removed from all sidewalks in the City within 24 hours following a snowfall.
B. When from freezing of water, snow or slush
thereon, or by reason of such compaction resulting from the wear of foot travel
or from any cause whatever, sidewalks are rendered dangerous, unsafe or
difficult to the free passage of pedestrians, it shall be the duty of the
owners or tenants of premises in front of,
adjoining or containing within a public use easement such sidewalks to
forthwith remedy such conditions by sprinkling sand or de-icing agents on the
sidewalks, or chipping or by other safe and efficient means. (Ord. 3040, 1997; Ord. 2043 §2, 1979; prior
code §28‑3)
12.16.035 Depositing
of snow and ice restricted. No
person shall deposit or cause to be deposited any accumulation of snow or ice
on or against a fire hydrant or on any sidewalk, pedestrian roadway crossing,
roadway, roadway shoulder or berm, curb or gutter, any handicap parking space,
any loading and unloading area of a public transportation system or any area
designated for use by emergency vehicles for access. (Ord. 3040, 1997)
12.16.040
Violations: work done, liability
therefore, civil penalty and collection.
A.
In
the event of the failure of any person responsible for clearing the sidewalk to
clear away or treat with abrasives or suitable de-icing agents and subsequently
clear away any snow, ice, slush, mud, or other impediment from any sidewalk as
required by this ordinance, or cause this to be done, the director may, as soon
as practicable after such failure, cause such work to be done at the expense of
the property owner.
B.
The
director shall ascertain and keep a record of the exact date and costs of all
work caused to be done in accordance with this section on account of each act
or omission of each person; a legal
description of the lot or lots fronting,
abutting on or containing within a public use easement the sidewalks
cleared along with the street address; and
the identity of the owner(s) of
the premises along with, when
possible, any tenant(s), occupant(s) or lessee(s).
C.
Each
person whose act or omission makes it necessary that the director cause work to
be done in accordance with this section shall be liable to the City for the
cost of such work. The costs will be
established and amended by City Council resolution after conducting a public
hearing and may include a minimum fee plus an hourly rate based on the actual
time for snow removal beyond one-half hour, pro- plus an administrative fee . Actual fees may exceed the minimum fee in instances
in which actual costs are documented to exceed the minimum fee.
D.
The
director shall give each person written notice of the amount owed to the City
as soon as practicable. The payment of
such amount may be enforced through suit for collection or by levying an
assessment on the premises or both.
E.
In
the event of assessment, the City Council shall annually pass and adopt a
resolution levying an assessment and tax against each lot or parcel of land
fronting, abutting on, or containing within a public use easement the sidewalks
cleared under the order of the director and according to his/her report.
Any such assessment or tax against the lot or parcel of real estate to
which this sidewalk clearing service is furnished and for which payment is
delinquent, shall become a lien on the real estate receiving the benefit. (Ord.
3526, 2014; Ord. 3501 §3, 2013; Ord. 3476 §5, 2012; Ord. 3462 §5, 2011; Ord.
3040, 1997)
12.16.045 Criminal
penalties. Any
person who violates any provision of this ordinance shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount of not less
than twenty-five dollars or more than fifty dollars. Each day such violation is committed or
permitted to continue shall constitute a separate offense and shall be
punishable as such hereunder. There
shall be no penalty of imprisonment for a violation of this chapter. (Ord. 3040, 1997)
12.16.050 Defective
sidewalks—Accidents—Police report. Police
officers shall report to the chief of police all defective or unsafe sidewalks
or crossings, as well as the particulars of any accidents that may occur by
reason of any defective or unsafe sidewalk or crossing and the names of
witnesses and persons injured thereby. A copy of this report shall be given to
the city engineer, who will in turn notify the owners of repairs required. (Ord. 2043 §3, 1979; prior code §28-6)
12.16.060 Defective
sidewalks—Failure of owner to repair. Upon the refusal or neglect of the owner
or tenant of any premises to remove obstructions from, or to make necessary
repairs to, the sidewalks in front of or adjoining the premises, and when, in
the opinion of the city engineer, immediate repairs or the removal of
obstructions are necessary to prevent accidents, the city engineer may
immediately proceed with the same, and the full cost of such repairs or removal
of such obstructions shall be assessed against the premises, as provided in
Section 12.16.050. (Prior code §28-7).
12.16.070 Absence of
notice to repair not a defense against fines or assessments.
Absence of notice to
owners or tenants to repair dangerous or unsafe sidewalks, or to remove
obstructions therefrom, shall not constitute a valid excuse against the payment
of any fine or damages or assessments by such owners or tenants; and nothing
contained in any of the preceding sections shall be so construed as to release
the owners or tenants of real estate from the duty of keeping the sidewalks in
front of and adjoining their respective premises in a good and thorough state
of repair, but such duty is hereby expressly enjoined and imposed upon all such
owners or tenants. (Prior code §28-8).
12.16.080 Unlawful to
drive over or deface or destroy sidewalks.
It shall be unlawful for any person or
persons to drive any vehicle of any kind upon, over or across any sidewalk,
curb, parkway, or boulevard unless a driveway approach has been constructed. To
mark, deface or destroy any sidewalk or curb, or cause the same to be done is
also unlawful. (Ord. 2043 §4, 1979; prior code §28-9)
PARKING FACILITIES
12.17.030
Conflicting Provisions
12.17.040
Paving Construction Work – Application, Approval, and Permit Required
12.17.050
Paving Construction Work – Standards Compliance Required
12.17.060
General Requirements
12.17.070
Private Property Parking Facility Maintenance
12.17.080 Construction
Requirements for Driveways
12.17.090 Construction
Requirements for Parking Facilities
12.17.100 Private Property Paving Construction Work – Inspection
by City
This
Parking Facility Ordinance is adopted for the purpose of setting forth design
and construction requirements for driveways and parking facilities. (Ord. 3670, 2020)
This code shall apply to the design and construction
of driveways and parking facilities as required by:
A.
Application and issuance of a Building Permit
B.
Application and issuance of a Zoning
Compliance Permit
C.
Application and issuance of a Private Property
Paving Permit.
D. Subdivision
development
E. Townhome
Exemption Development
(Ord. 3670, 2020)
12.17.030 Conflicting Provisions.
If any
provisions of this Parking Facilities Ordinance conflict with any provisions or
regulations of Federal, State or Local Government, then the most restrictive
requirement(s) shall apply, to the extent permitted by law. Presence of conflict within any portion of
this ordinance shall apply and exist only within the portion in conflict and
shall not nullify the entire ordinance.
(Ord. 3670, 2020)
12.17.040 Paving Construction Work --
Application, Approval, and Permit Required.
A. Application
for permit(s) for private property paving construction work improvements
specified in this chapter shall be made to the City Engineer on permit
application form(s) provided for such permitting purposes.
B. Prior to
approval of private property paving construction work improvements and issuance
of permit(s) and payment of fee(s) as required by Missoula Municipal Code (MMC)
Title 12 and established by resolution, staff shall review and determine that
the proposed improvement are in conformance with the provisions and standards
set forth in Missoula Municipal Code (MMC) and all other applicable federal,
state and local regulations and requirements.
C. Upon
approval of private property paving construction work, all applicable permits
including but not limited to a Private Property Paving Permit and Storm Water
Pollution Prevention Plan (SWPPP) Permit, shall be issued before paving
construction work shall begin.
D. Private
property paving construction work performed without required permit(s) shall be
subject to an investigation fee which shall be equal to the fee amount for the
required un-purchased permit(s) and in addition to the required permit(s) fee.
E. Paving
construction work performed for driveways or parking facilities shall conform
to this section and any deviation from this section shall be reviewed and
approved by the City Engineer prior to any paving construction work activities.
(Ord. 3670, 2020)
12.17.050 Paving Construction Work – Standards
Compliance Required.
A. All
private property paving construction work for driveways and parking facilities shall be constructed in accordance with the most current
published version of:
1. Missoula Municipal Code Title 20 - Zoning
2. Montana
Pollutant Discharge Elimination System (MPDES)
3. Missoula
City-County Air Pollution Control Program regulations. All contractors, engineers, architects and
designers shall specifically examine and closely observe the requirements of
the Missoula City-County Air Pollution Control Program Regulations, Chapter 8 -
Fugitive Particulate during all phases of paving construction work.
B. In the
event of conflict or discrepancy in the above documentation and related
specifications, the most stringent shall prevail and govern. (Ord. 3670, 2020)
12.17.060 General Requirements.
A. Driveways
and parking facilities shall be laid out, designed and constructed in
accordance with Missoula Municipal Code requirements, City Fire Department and
Missoula City Public Works Standards and Specifications.
B. Accessible
parking facilities shall be provided in accordance with current ADA regulations
and Missoula Municipal Code requirements, and Missoula City Public Works
Standards and Specifications.
C. All
driveways and parking facilities shall be paved in the following scenarios:
1. New
construction or change of use for residential dwelling, commercial, or
industrial structures.
2. Additions
or changes to existing structures that cause an increase in the parking
requirement.
3. Where
construction, reconstruction, or additions to parking facilities, driveways, or
driveway approaches occur.
4. Where a
Subdivision Exemption Affidavit for a boundary line relocation or family
transfer is applied for and approved (except for a boundary line relocation
that does not create additional building sites).
D. Sidewalks/walkways
next to paved areas used for driving or parking shall be grade separated by a
minimum of four (4) inches or separated by bollards or “B” curb. Pin-down curbs
or wheel stops shall not be used to separate vehicular passages or parking areas
from an at grade sidewalk/walkway.
E. Vehicular
access is prohibited to unpaved areas, including but not limited to front, back
or side yards, boulevards, secondary unpaved areas, and unimproved areas. Refer
to the Missoula City-County Air Pollution Program Chapter 8 for specific
exemptions from this requirement. These exemptions must also meet City of
Missoula stormwater requirements.
F. Driveways
serving as an approved fire apparatus access road shall meet the requirements
of the International Fire Code, Appendix D as adopted by the City.
G. Parking
facilities may include the street and/or alley for minimum backing distance.
See City of Missoula Standard Drawings for reference.
H. Existing
parking facilities shall not be altered to violate the requirements of this
chapter including allowing vehicles to park in areas not designated for parking
per the approved site plan.
I. All
parking facilities shall provide a snow removal plan. The snow removal plan shall include the
removal or storage of accumulated snowfall (snow) within the site.
1.
The snow removal plan may include:
a. Storage
areas located on-site within landscape, lawn or turf areas,
b. Storage
areas located on site within excess parking areas i.e. parking areas exceeding
the minimum required parking as required by Missoula Municipal Code (MMC) Title
20,
c. Storage
areas located off-site where snow may be legally disposed of.
2. Storage
of snow is prohibited in the following locations that:
a. Are
within the right-of-way.
b. Create a
visibility obstruction as per Missoula Municipal Code (MMC) Title 12.
c. Block
fire hydrants or fire apparatus access roads.
d. Reduce
the quantity of parking spaces below minimum required.
e. Inhibit
vehicular movements.
f. Adversely
affects vehicular, pedestrian, or cyclist safety.
g. Obstruct
accessible parking spaces, routes, aisles, or other accessible site amenities.
h. Obstruct
entrances, fire exits, mailboxes, storage areas, trash enclosures or other
accessible site amenities.
i. Block
Bike parking locations.
j. Adversely
affects an access easement.
k. Obstruct
stormwater facilities.
l. Is
within a riparian zone, wetlands, floodplain, levee, irrigation or other open
waterway.
m. Is
within a private, public or community wellhead isolation or protection zone
n. Violates
the Clean Water Act (CWA) and / or the Montana Pollutant Discharge Elimination
System (MPDES) and / or any other federal, state or local law / statute.
J. At the
discretion of the City Engineer, when a building or development permit is
needed, pedestrian Connections (sidewalks and/or trails) may be required to
connect various facilities, including but not limited to:
1. Parking
facilities with entrances to structures.
2. Multiple
structures on the same site.
3. Structures
to parking facilities, mailboxes, and garbage collection points.
4. Structures
and/or parking facilities on adjacent parcels.
5. Existing
or future pedestrian facilities (such as sidewalk or trails) in the
right-of-way or a public access easement.
These connections, when
required, shall meet all accessibility requirements when required by other
local, state, or federal regulations.
K. At the
discretion of the City Engineer, when a building or development permit is
needed, Vehicular Connections (driveways or other drive lanes) may be required,
including at, but not limited to, the following locations:
1. Adjacent
destinations.
2. Internal
roads to adjacent public or private roads.
3. Internal
roads to each other.
4. For
external connectivity requirements, refer to Chapter 12.10.
L.
Exceptions to these standards: The
Director or the City Engineer may grant deviations from these standards if
there is documentation provided by the developer that justifies the requested
changes.
(Ord. 3709, 2023; Ord.
3670, 2020)
12.17.070 Private Property Parking Facility
Maintenance.
A.
Purpose: Many parking facilities are altered to a
different configuration which does not comply with the original approved plans
and may result in conflicts with zoning and engineering standards. Parking
facility maintenance work, for the purpose of this chapter, shall include all
work listed below on private or public parking facilities.
1.
Paving Work: Any surface material used in previously
unpaved areas where vehicles may drive, park or be stored, and includes but is not be limited to; hot mix asphalt, Portland cement
concrete, or any other material approved by the City Engineer.
2.
Repaving Work: The removal of any layer of existing asphalt,
concrete or other surface material and the subsequent installation of a new
paved surface.
3.
Reconstruction Work: One or more of the following work activities:
installation or removal of existing parking facility surface and/or re-grading
of the parking facility, stormwater drainage improvements, installation or
maintenance of curb and gutter or the installation or maintenance of pedestrian
access routes (including sidewalks).
B. Permit
Requirements for Paving, Repaving or Reconstruction of Parking Facilities.
1.
A Parking Facility Paving Permit (see Title
15) is required for paving, repaving or reconstruction of a parking
facility. The fee for this permit is set
by resolution. The following is required for permit review:
a.
A site plan(s) drawn to a scale not greater
than 1’=20’.
b.
If re-striping is to exactly match the
existing layout then the applicant may submit copies
of the original site plan(s) provided that the existing layout meets current
standards.
c.
Show property lines.
d.
Show all existing structures and entrances.
e.
Show existing and proposed stormwater
drainage, snow storage area(s), landscaping, lighting, etcetera.
f.
Show existing and proposed pedestrian access
routes (sidewalks) and driveways on private property, adjacent right-of-way,
and easements.
g.
Show parking space dimensions, layout,
quantity, and configuration.
Show
ADA accessible parking facilities on the site plan including signing, striping,
ramps, access, etcetera.
C.
Upon approval of a Parking Facility Paving
Permit, all applicable additional permits, including but not limited to: Zoning
Compliance Permit, Right-of-Way Permit, Accessibility Permit or Stormwater
Permit, shall be issued prior to parking facility maintenance work
commencement. (Ord. 3670, 2020)
12.17.080 Construction Requirements for
Driveways.
A.
Right of way improvements, including but not
limited to curb and gutter, curb cuts, driveway approaches, sidewalk, etc...,
shall be installed and maintained in accordance with Missoula Municipal Code
Chapter 12.10.
B. Driveways less than a 150 feet in length or not used as a fire
access route, shall substantially follow natural contours and not exceed a
maximum grade of 15% percent within 15 feet of a sidewalk or edge of pavement
and a maximum of 20% beyond
C. Driveways that provide for fire access shall not exceed a
maximum grade of 10%.
D. Driveway minimum paved width shall be 8 feet – 6 inches, or 12
feet if the driveway is greater than 150 feet in length. Fire code may require
additional unobstructed width and turnouts.
E.
Driveways exceeding 150 feet in length require
an additional approval from the City Fire Marshall.
a.
Proposals for driveways designs more than 150
feet in length must be approved and accompanied by written comments from the
City Fire Marshall.
b.
Dead-end driveways in excess
of 150 feet shall have fire apparatus turnarounds, per IFC Appendix D,
located within 150 feet of the building
c.
Driveways over 150 feet must have an
unobstructed vertical clearance of 13.5 feet and an unobstructed width of not
less than 20 feet.
F.
Driveways may use self-draining solid surface
materials, such as interlocking block pavers, as long as
the requirements of Rule 8.204 of the Missoula City-County Air Pollution
Control Program and fire code are met.
G. Driveway
paving construction work shall be completed along the entire length of a
driveway starting at the existing adjacent intersecting street, alley or
driveway approach
H. Stacked
Parking and back out egress is only permitted for single family & duplex
dwelling units.
I. Driveway
shall be removed and landscaped if the existing adjacent parking space(s) are
removed.
J. All
existing and new parking shall comply with current standards when changes or
alterations to the existing parking and/or approaches are made.
K. Curb and
gutter are not required adjacent to driveways and/or parking facilities for any
single family & duplex dwelling units.
L.
Exceptions to these standards: The Director or the City Engineer
may grant deviations from these standards if there is documentation provided by
the developer that justifies the requested changes.
(Ord. 3709, 2023; Ord. 3670, 2020)
12.17.090 Construction Requirements for Parking
Facilities.
A. Right-of-way
improvements, including but not limited to, curb and gutter, curb cuts,
driveway approaches, sidewalk, etc... shall be in installed and maintained in
accordance with Missoula Municipal Code Title 12.10.
B. For
parking facilities with five (5) or more parking spaces, ADA accessible
features and facilities, pedestrian routes, right-of-way infrastructure
improvements and facilities (at grade, above grade and below grade) shall be
designed by a licensed professional civil engineer or licensed professional
architect and submitted plans shall be stamped by said licensed professional
and included with the building permit application, zoning compliance permit
application and / or any other permit application.
C. Parking
facilities with five (5) or more parking spaces shall be constrained by
poured-in-place concrete curbing, fencing, bollards, or other means to
physically prevent access to unpaved areas. Adequate stormwater management is
required in all cases. Pin-down curbs shall not be permitted as a substitute
for poured-in-place sidewalk or curb and gutter.
D. Parking
facilities with five (5) or more parking spaces shall be designed so that
ingress and egress from the public street from and to a parking facility shall
do so by driving forward except for parking spaces served directly off of an alley.
E. In
certain situations, areas not designated and approved for parking shall be
clearly marked by applying yellow epoxy paint to the curb or asphalt and signed
appropriately and as required by the City Engineer as such i.e. "NO
PARKING.” Parking facilities shall have the most restrictive ADA compliance
requirements applicable, based on each sites' use.
F. If
utilizing an adjacent transit stop for a parking reduction per zoning
20.60.080, it shall be required to provide an ADA-compliant accessible route
between the referenced transit stop and all on-site accessible routes.
G. Where a
total of four (4) or fewer parking spaces, including accessible parking spaces,
are provided on a site, identification of accessible parking spaces shall not
be required. This rule also applies to each separate parking facility of four
or fewer parking spaces on a site.
However, all other requirements for accessible parking spaces, including
access aisles, still apply. The combined
total of all parking facilities on a site determines the number of accessible
spaces to be signed.
H. For new
facilities, loading and unloading of goods from vehicles shall occur on-site
and shall not be accessed by backing into the private property from
streets. All maneuvering, backing and
turning movements shall be limited to on-site areas only and shall comply with
the Missoula City Public Works Standards and Specifications.
(Ord.
3709, 2023; Ord. 3670, 2020)
12.17.100 Private Property Paving Construction
Work – Inspection by City.
All
private property paving construction work shall be inspected by a City
inspector. All driveway and parking
facility work shall be executed and completed to the satisfaction of the City
inspector. All inspections are required
to be scheduled no later than 7:00 AM the day of the inspection. The City of Missoula reviewed, stamped and
approved set of plans shall be available on all construction site(s) at the
time of any inspection(s). (Ord. 3670, 2020)
Chapter 12.18
Sidewalk Cafés
Sections:
12.18.030 Liability
of license holder and indemnification of the City of Missoula
12.18.050 Rules,
regulations, and specifications
12.18.060 Sidewalk
Café Alcohol Addendum Required to Serve Alcoholic Beverages
12.18.070 License
application required
12.18.080 Fees
for sidewalk café licenses
12.18.090 Notice
of violation; failure to comply
12.18.100. Violations and penalties
12.18.010
Purpose
The City
of Missoula has determined that the licensing of sidewalk cafés with dining as
well as consumption of alcohol on the public sidewalk in conjunction with
sidewalk café dining, will promote public interest by creating an attractive
pedestrian environment for businesses during the day and evening and will
foster a pleasant and distinctive ambience within the City of Missoula. The
purpose of this chapter is to establish appropriate requirements to license and
regulate this activity in order to ensure that the
health, safety and welfare of the City are protected. (Ord. 3543, 2015)
Section
2
12.18.020 Definitions
As used
in this chapter, the following terms shall have the meanings indicated:
A.
ADJACENT BUILDING — the building whose
principal façade fronts on the sidewalk where the sidewalk café is or is
proposed to be located.
B.
PERSON(S) / APPLICANT(S) — any individual,
partnership, corporation, association or other entity.
C.
PRINCIPAL FACADE / STREET FRONTAGE — that
portion of the façade of a
building which fronts on a street.
D.
REQUIRED PEDESTRIAN PASSAGEWAY — an area of
sidewalk, or pedestrian walkway parallel to the principal façade, that shall be
at least a five (5’) feet wide unobstructed width extended in a straight line
parallel to the public right of way and extending the full length of the
property to be used as a sidewalk café under the authority of this section.
E.
RETAIL FOOD ESTABLISHMENT — the establishment actually located within the adjacent building for which a
current retail food establishment business license has been issued and has all
approvals from the County Health Department for food service.
F.
SIDEWALK - That portion of the public right of
way between the curb lines or the lateral lines of a roadway and the adjacent
property lines and that which is designated, utilized, maintained and improved
for pedestrian travel.
G.
SIDEWALK CAFE or CAFE — a retail food
establishment which:
1.
Serves food and beverages to the public at
tables located on the portion of the public sidewalk which lies within the area
bounded by the street, the principal façade of the adjacent building, and the
imaginary perpendicular lines running from the outer edge of such principal
façade to the street; and
2.
Meet all ADA requirements per the most recent
adopted guidelines and
3.
Is not enclosed by fixed walls or
ceilings. (Ord. 3543, 2015)
12.18.030 Liability of license holder and
indemnification of the City of Missoula
A.
The person, persons, or business to whom a
license for a sidewalk café has been issued, as well as any successors or
assigns to the persons or business, shall be liable for any
and all damage to persons or property that arise out of the use of the
public sidewalk for a sidewalk café, including any injury or damage to public
right-of-way and / or public sidewalks.
B.
The person, persons, or business to whom a
license for a sidewalk café has been issued, as well as any successors or
assigns to the persons or business, shall indemnify and hold the City of
Missoula harmless for any loss, damage, or injury or expense arising out of any
claim or cause of action instituted or commenced by any person or persons
arising out of the issuance of such license or as a direct or indirect result
of the operation of such sidewalk café.
(Ord.
3543, 2015)
12.18.040 Insurance
Prior to the issuance of a license, the applicant for a license shall
present to the City of Missoula a certificate of insurance for comprehensive
general liability, naming the City of Missoula as additional insured, for
combined single limits of no less than seven hundred fifty thousand
($750,000.00) dollars per occurrence and one million five hundred thousand
($1,500,000.00) dollars general aggregate and umbrella limits of one million
($1,000,000.00) dollars. (Ord. 3543,
2015)
12.18.050 Rules, regulations and
specifications
A sidewalk café authorized and operating pursuant to this chapter
shall comply with all of the following rules and
regulations, and such others as may be adopted by the City-County Health
Department.
A.
Sidewalk cafés may be located on public
sidewalks adjacent to the retail food establishment which operates the outdoor
dining subject to the following restrictions:
- The
lateral extent of sidewalk cafés shall extend no further than the actual
principal façade of the operating restaurant.
- Sidewalk
café operations shall provide not less than five contiguous (5') feet of
public sidewalk clear of obstructions to allow unimpeded pedestrian
traffic.
- Sidewalk
café operations located next to the curb shall not impede access to: parked vehicles, parking meters, bicycle racks,
garbage receptacles, traffic signal poles, fire hydrants, utility
structures, trees or tree grates, planters, or any other feature that
requires public access and / or maintenance.
- Sidewalk
café operations, at street intersections and street / alley intersections,
shall not obstruct the clear sight distance as per, MMC 12.28.110 –
Visibility Obstructions.
- Sidewalk
café operations at street intersections shall not impede or obstruct
pedestrian access including such access as required by the Americans with
Disabilities Act (ADA).
B.
Contains readily removable tables and chairs
of a type used for outdoor use, Sidewalk cafés shall be operated and maintained
in accordance with the approved sidewalk café plan by the same person who
operates and maintains the abutting retail food establishment. See MMC
12.18.060 and MMC 12.18.070 of this section for minimum plan submittal
requirements.
C.
The placement of furniture, apparatus,
decoration or object used in connection with the operation of the sidewalk café
in relation to any fire hydrant, plug or standpipe permanent fixture shall be
approved by specific written authorization of the Fire Marshall based upon
his/her review of the sidewalk café plan.
D.
No furniture, apparatus, decoration or object
used in connection with the operation of the sidewalk café shall be located in such a way so as to impede the safe and speedy
access (ingress / egress) from any building or structure.
E.
No furniture, apparatus, decoration or object
used in connection with the operation of the sidewalk café shall be located in or project or protrude into the required
pedestrian passageway. Additionally, such encumbrances shall at no time pose a
safety hazard to the general public.
F.
Any table service provided at the sidewalk
café shall be provided by persons engaged or employed for that purpose and
shall be furnished to seated patrons only. Table service is not required, and
retail food establishments that do not provide table service may operate
sidewalk cafés in which patrons carry their food from inside the premises to
tables located in the sidewalk café.
G.
The public sidewalk area utilized by the
sidewalk café shall be kept clean and free of litter and shall be washed
regularly as needed. Covered trash receptacles shall be provided and regularly
maintained (emptied) by the retail food establishment operator.
H.
All solid waste / refuse shall be picked up /
swept up and placed in a trash receptacle.
No food, trash or other solid waste / refuse shall be washed or
deposited into the stormwater system or state waters.
I.
Signage for sidewalk cafés shall be considered
part of the signage approved for the retail food establishment and shall comply
with MMC 20.75 – Missoula Sign Ordinance.
J.
Noise from the sidewalk café shall be in
conformance with MMC 09.30 – Noise Control.
K.
Exterior lighting of the sidewalk café shall
be in conformance with MMC 08.64 – Missoula Outdoor Lighting Ordinance.
L.
Sidewalk cafés shall be licensed to operate
between the hours of 07:00 a.m. to 12:00 a.m.
M.
When the sidewalk café is not operating, the
license holder may store, for no more than seventy-two (72) hours, furniture or
items used in connection with the operation of the sidewalk café in a manner to
minimize the intrusion of those items into the public right-of-way. All such
materials and items shall be not be stored in any
entrance way or doorway so as to not impede access, ingress or egress to the
structure, in a manner subject to approval by the Fire Marshall.
N.
No food may be prepared or stored in the
sidewalk café or outside the adjacent building.
O.
The City reserves the right and power to
temporarily order the discontinuation of the operation of public outdoor dining
at any time due to anticipated or actual problems or conflicts in the use of
the public sidewalk area. These situations include, but shall not be limited to
festivals, parades, marches, road races, repairs to the street or sidewalk, or
any other emergencies occurring in the area. To the extent possible, the
licensee shall be given prior written notice of the time
period during which the operation of outdoor dining will not be licensed
by the City, but failure to give notice shall not affect the right and power of
the City to prohibit outdoor dining operation at any time.
P.
The licensee may, at their discretion,
restrict smoking within the boundaries of the sidewalk café. (Ord. 3543, 2015)
12.18.060 Sidewalk Café Alcohol Addendum
Required to Serve Alcoholic Beverages
In order to serve
alcoholic beverages in a sidewalk café the applicant must have an existing
liquor license or have an application pending for a liquor license with the
Montana Department of Revenue (MDOR) that meets the following requirements
throughout the term of the sidewalk café alcohol addendum.
A.
The MDOR must approve the application prior to final approval
by the City.
1.
The application must be submitted to the City of Missoula Public
Works and Mobility for preliminary review.
2.
The City will then submit the preliminarily approved
application to the MDOR for review.
3.
MDOR will review the application and if it meets their
requirements will conditionally approve the floor plan so long as the City will
grant the applicant conditional use or possessory interests in the sidewalk
4.
Final approval of the application by the City will constitute
a conditional use/possessory interest of the sidewalk
5.
The City’s final approval will be forwarded to the MDOR prior
to MDOR issuance of its final approval
B.
The MDOR will issue a final approval of the sidewalk service
area if the area meets all State requirements and the
license has been approved by the City. The applicant shall maintain the sidewalk café
area to the requirements within Illustration 1 below. This ordinance amends
12.30.050 and is only applicable to the standards set forth herein.
1.
Prior to the issuance of this addendum by the
MDOR, the applicant shall provide proof that he/she has obtained all necessary
licenses required by the State of Montana, the county of Missoula as well as
the City of Missoula. Further, the
applicant shall show that he/she will comply with all the rules and regulations
pertaining to alcoholic beverages as promulgated by all governing bodies;
state, county and city.
2.
The applicant shall be in conformity with all
MDOR requirements. The applicant shall have specific approval from the Montana
Department of Revenue to extend their licensed premises into the sidewalk café.
3.
When in a sidewalk café with an alcohol
addendum, customers may consume alcohol provided to them by the retail food
establishment. Customers may not consume alcohol they have carried into the
service area, even if in a sidewalk café with a sidewalk café alcohol addendum.
C.
Requirements for a sidewalk café to be
permitted to serve alcoholic beverages
1.
Contains readily removable tables and chairs
of a type used for outdoor use, temporary railings and/or planters;
2.
If two service areas are separated by the
required pedestrian passageway, they shall have a temporary connecting link
such as marks in the sidewalk or a floor mat to identify the are used by
persons engaged or employed for the purpose of providing services to the
patrons and
3.
The boundaries of the sidewalk café shall be
demarcated through the use of a temporary barrier,
such as a balustrade, cordon, railing, planter or other means acceptable to the
MDOR. Any such temporary demarcation options must be easily removed and clearly
set the boundary of the area of the right-of-way where a licensee may serve
alcohol.
4.
The temporary barrier shall include way-finding at each end to direct visually impaired
pedestrians in to the required pedestrian passage way and.
5.
Meet all ADA requirements per the most recent
adopted guidelines and
6.
Is not enclosed by fixed walls or
ceilings. (Ord. 3543, 2015)
Illustration 1
12.18.070
License application required
The applicant shall submit a license application to The City of
Missoula Public Works and Mobility that includes the following:
A.
Name of business
B.
Address of business
C.
Owner and tenant if applicable
D.
Contact telephone number of owner and business
E.
A site plan showing the following information:
1.
Drawn to a scale and not greater than 1”=20’
2.
Plan showing the floor plan within
the structure and the proposed sidewalk serving area if the applicant wishes to
serve alcoholic beverages in the area of the sidewalk café.
3.
Building façade and dimension (width facing
sidewalk)
4.
All access, ingresses and egresses, to the
building
5.
Sidewalk location and width
6.
Curb location
7.
Any / all existing obstructions on public
sidewalk such as parking meters, trees and tree planters, bike racks, signs,
utility poles, fire hydrants, etc.
8.
Proposed location of furniture, demarcation
and delineation of the service area (if applicable for serving alcohol),
garbage collection, signs etc.
9.
Storage area for furniture per fire code
F.
Proof of general liability insurance (Ord. 3543, 2015)
Section
8
12.18.080 Fees
Fees must be
established by City Council resolution after conducting a public hearing. Initial fees will be added to the regular
business license which will be amended at the time of The Sidewalk Café license
application final approval. This
license fee will not be prorated.
License renewal fees will be added to the annual business licensing fee
at the time of renewal. (Ord. 3543,
2015)
12.18.090 Notice of violation; failure to comply
Upon determination by City of
Missoula Public Works and Mobility or Police Department that a licensee has violated one or more of
the provisions of this chapter one of the following corrective measures must be
taken:,
A.
If the violation is regarding Pubic Safety or Americans with Disabilities Act (ADA)
including but not limited to: completely or partially blocking the pedestrian
clear zone, restricting emergency access and egress from doorways or parked
cars, etc. corrective activity must be done immediately upon verbal
notice. In the event the licensee fails
or refuses to correct such violation immediately after receiving the notice of
violation, the licensee's sidewalk café license may be revoked.
B.
If the violation is not considered a public
safety or ADA issue then Public Works and Mobility staff shall give written
notice, by Certified Letter, to the licensee to correct such violation. In the
event the licensee fails or refuses to correct such violation within
seventy-two (72) hours of receiving the notice of violation, the licensee's
sidewalk café license may be revoked.
C.
Any licensee cited for three (3) or more
violations of this chapter over a one (1) year period, even if corrected, may
have his or her license revoked and / or not reinstated at renewal time. (Ord. 3709, 2023; Ord. 3543, 2015)
12.18.100
Violations and penalties
In
addition to the revocation penalty set forth in Section 12.18.100, any person
convicted of a violation of any of the provisions of this chapter shall, upon
the 3rd notice within a period of one calendar year, be subject to
revocation of their license. They may
also be subject to a fine of at least two hundred ($200.00) dollars and not
exceeding five hundred ($500.00) dollars, for each offense. Each violation of a section or subsection of
this chapter, and each day that a violation continues, shall constitute a new
and separate violation. No violation of this section shall constitute an
offense subject to incarceration. (Ord.
3543, 2015)
DRIVEWAYS
(Repealed)
12.20.010 Repealed. (Ord. 3244, 2004; Ord. 2043 §5, 1979;
prior code §28‑14).
12.20.020 Repealed. (Ord.
3244, 2004; Ord. 2043 §6, 1979; prior code §28‑15).
12.20.030 Repealed. (Ord.
3244, 2004; Prior code §28‑16).
12.20.040 Repealed. (Ord.
3244, 2004; Ord. 2043 §7, 1979; prior code §28‑17).
12.20.050 Repealed. (Ord.
2043 §8, 1979; prior code §28‑20).
12.20.060 Repealed. (Ord.
3244, 2004; Prior code §28‑18).
12.20.070 Repealed. (Ord.
3244, 2004; Ord. 2043 §8, 1979; prior code §28‑19).
12.20.080 Repealed. (Ord.
3244, 2004; Ord. 1991, 1979; prior code §28‑21).
12.20.090 Repealed. (Ord.
3244, 2004; Ord. 1992, 1979; prior code.§28‑22).
12.20.100 Repealed. (Ord.
3244, 2004; Ord. 2043 §10, 1979; prior code §28‑23).
12.20.110 Repealed. (Ord. 3244, 2004; Prior code §28‑24)
.
12.20.120 Repealed. (Ord.
3244, 2004; Prior code §28‑25).
12.20.130 Repealed. (Ord.
3244, 2004; Prior code §28‑26).
12.20.140 Repealed. (Ord.
3244, 2004; Prior code §28‑27).
12.20.150 Repealed. (Ord.
3244, 2004; Prior code §28‑28).
12.20.160 Repealed. (Ord.
3244, 2004; Ord. 2169 §1, 1980; prior code §28‑29).
12.20.170 Repealed. (Ord.
3244, 2004; Prior code §28‑30).
Repealed
12.22.010 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord. 3571, 2016; Ord. 3555,
2015; Ord. 3424, 2010)
12.22.020 Repealed (Ord.
3670, 2020; Ord. 3587, 2017; Ord. 3571, 2016; Ord. 3555, 2015; Ord. 3424, 2010)
12.22.030 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3424, 2010)
12.22.035 Repealed (Ord. 3670, 2020; Ord.
3587, 2017; Ord. 3571, 2016; Ord. 3555, 2015)
12.22.040 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.050 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.060 Repealed (Ord.
3670, 2020; Ord. 3587, 2017; Ord. 3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013;
Ord. 3424, 2010)
12.22.070 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.080 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.090 Repealed (Ord.
3670, 2020; Ord. 3587, 2017; Ord. 3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013;
Ord. 3424, 2010)
12.22.095 Repealed. (Ord. 3670, 2020; Ord. 3587, 2017)
12.22.100 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.110 Repealed
(Ord. 3670, 2020; Ord. 3587, 2017; Ord
3571, 2016; Ord. 3555, 2015; Ord. 3424, 2010)
12.22.120 Repealed
(Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.130 Repealed (Ord. 3670, 2020; Ord. 3587, 2017; Ord.
3571, 2016; Ord. 3555, 2015; Ord. 3492, 2013; Ord. 3424, 2010)
12.22.140
Repealed (Ord.
3670, 2020;Ord. 3587, 2017;
Ord. 3571, 2016)
EXCAVATIONS
Sections:
12.24.020 Permit‑‑Application.
12.24.030 Permit‑‑Application‑‑Fee.
12.24.035 Permit fee exceptions.
12.24.036 Investigation Fees; Work without a Permit.
12.24.040 Construction Specifications.
12.24.060 Contractor Responsibility and Public Safety.
12.24.110 Business license and liability insurance
requirement.
12.24.120 Surety bond requirements.
12.24.140 Assessments for damaging or opening pavement.
12.24.150 Requirements for non-municipal utilities
12.24.170 Cleaning up of excavation site.
12.24.180 Requirements for special projects
A. Excavation
shall be defined as the removal, replacement or the change in grade of any
soils or finish surfacing materials on public or private property for the
purpose of installing, repairing, maintaining, replacing, removing or
investigating underground facilities including but not limited to monitor
wells, water, sewer, gas, electric, telephone, television cable, utility poles,
and those underground items necessary for their function.
B. Excavator shall be defined as only those
persons, firms or corporations who are authorized, licensed and bonded as
required by Section 5.08 M.M.C. to excavate by the city. (Ord. 3244, 2004; Ord.
3014, 1997)
12.24.010 Permit‑‑Required. It shall be unlawful for any person, firm or
corporation to make an excavation without being a licensed and bonded
excavator, and first obtaining an excavation permit from Public Works and
Mobility. Permits shall be required for the following:
A. Installing, maintaining, replacing,
removing, repairing or investigating water or sewer lines currently connected
or proposing connection to a public utility in the streets, alleys, public
rights-of-way, easements, and private property.
B. Excavating in any street, alley, public
utility easement or public right-of-way.
C. Installing, maintaining, replacing,
removing, repairing or investigating water or sewer lines owned or operated by
the City of Missoula. Exceptions:
1. Landscaping
sprinklers and irrigation systems shall only require an excavation permit if
the installation is in a State Route right-of-way or if excavation is at point of source, such
as curbstop.
Repair of landscaping sprinkler and irrigation system does not require
an excavation permit.
2. The
installation, maintenance, removal, repair or replacement of utility poles
shall only require an excavation permit if the owner of the pole does not have
a written agreement with the City of Missoula for the relocation of their
utility poles.
(Ord. 3492,
2013; Ord. 3244, 2004; Ord. 3014, 1997; Ord. 2043 §11, 1979; prior code §28‑32).
12.24.020 Permit‑‑Application.
A. Application shall be made to Public Works and
Mobility by the excavator stating the purpose for which the excavation is to be
made, including locations, depth, width, length and amount of time such
excavation is to remain open or unfilled.
B. Applicant
shall file, upon request, with v for approval, one drawing of all proposed
improvements before permit is issued.
C. Before
issuance of a permit the excavator shall contact all underground facilities for
their locations as stated in M.C.A. 69-4-502.
The excavator shall have a location number from the Underground Location
Center before a permit is issued. In addition to public utility lines, the
excavator shall locate and protect private utility lines such as water and
sewer services and private irrigation lines.
D. Before
issuance of an excavation permit all fees shall be paid. The fees to be paid
may include but not limited to a: General Obligation Bond, pavement assessment
fees, contract for sewer, sewer development, Special Improvement District, and
rebate fees.
E.
Permits shall expire by limitation and become null and void if work
authorized is not commenced within one hundred and eighty (180) calendar days
after date of issuance. Also, permits
shall expire by limitation and become null and void if work authorized by the
permit is suspended or abandoned by the excavator for more than 180 calendar
days. Extension of time on permits may
be granted by the Public Works and Mobility Director, or a designated agent.
F. Excavations
shall be inspected and perform to the approval of the Director. Public Works
and Mobility staff may at any time, when excavations are not performed in
accordance with this chapter, have authority to order the excavation contractor
to suspend work until excavation conforms with the specifications set forth in
this chapter. Inspections shall be required to meet all federal, state, and
local requirements.
G. No
excavation shall extend over half the width of any traveled portion of the
street right-of-way section at any time, except under written authorization of
the Public Works and Mobility Director, or a designated agent.
H. All
excavators installing Septic Tank Effluent Pump (STEP) systems shall be
required to be certified by the Public Works and Mobility Director a designated
agent to do work on STEP systems.
I. Issuance
of a permit will require that the excavator shall have a competent person, as
defined by the Federal Occupational Safety and Health Administration (OSHA).
J. Whenever an excavator is required to remove
curb or sidewalk when reinstalling, replacing, or repairing utility lines,
they
shall be allowed to, and required to reinstall such curbs and sidewalks as
provided in this chapter:
1. The concrete curb and sidewalk work
shall conform to all city regulations
2. The excavator shall indicate on the
excavation permit application their intention to perform any concrete curb or
sidewalk replacement in the public
right-of-way.
The
excavation permit shall serve as a permit to remove and replace concrete curb
and sidewalk within the limits
of
the excavation work authorized by the excavation permit
K.
Pavement Marking. All pavement marking removed or damaged by excavation work
shall be replaced with the same
type
of material used in the original markings, or those approved by Public Works
and Mobility staff. The work must meet
the
installation and material specifications commensurate with the type of marking
used. Thermoplastic pavement
marking
may be replaced with plastic inlay tape or an approved equal.
L.
Warranty. The holder of the permit shall warrant the work in the public
right-of-way to be free from backfill settlement
and
surface condition for two years following the completed, accepted work.
Warranty starts on date project is accepted
by
Public Works and Mobility staff.
(Ord.
3709, 2023; Ord. 3679, 2021; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997;
Ord. 2043 §12, 1979; prior code §28‑33).
12.24.030 Permit‑‑Application‑‑Fee.
Permit fees are
based on the average direct and indirect costs to provide plan checking, permit
administration, field inspection, record management, warranty inspection, and Public
Works and Mobility for excavations. The
fees for the following excavation permits shall be established and amended by
City Council resolution after conducting a public hearing.
A.
Excavation permits for sanitary sewer
B.
Excavation permits for water
C.
Excavation permits for stormwater
D.
Excavation permits for miscellaneous
excavations including sewer, water, storm drain, gas, electric, phone, and
cable television.
Revenue from these fees shall be
credited to the appropriate City fund.
(Ord. 3709,
2023; Ord. 3679, 2021; Ord. 3526, 2014; Ord. 3501 §4, 2013; Ord. 3492, 2013; Ord.
3476 §6, 2012; Ord. 3462 §6, 2011; Ord. 3433 §4, 2010; Ord. 3384 §4, 2008; Ord.
3350 §4 2007; Ord. 3323 §4, 2006; Ord. 3298, 2005; Ord. 3259 §3, 2004; Ord.
3244, 2004; Ord. 3227, 2003; 3014, 1997; Ord. 2380 (part), 1984; Ord. 1846,
1977; prior code §28‑34).
12.24.035 Permit fee exceptions:
A. Any
excavator doing work for the City may be exempted from permit fees when
authorized by the Public
Works and Mobility Director.
B. Work
performed by the City is exempt from permit fees.
(Ord.
3709, 2023; Ord. 3492, 2013; Ord. 3244, 2004)
12.24.036
Investigation Fees; Work without a Permit. Whenever
any work for which a permit is required by this ordinance has been commenced
without first obtaining said permit, a special investigation shall be made
before a permit may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the
amount of the permit fee required by this ordinance. The payment of such investigation fee shall
not exempt any person from compliance with all provisions of this ordinance nor
from penalty prescribed by Section 12.24.190.
Exception:
During the period of time when city offices are
closed, emergency repairs may be performed by the excavator before obtaining a
permit. The permit shall be obtained by the excavator within eight working
hours after city offices are open. (Ord. 3244, 2004; Ord. 3014, 1997)
12.24.037 Permit Fee Refunds. Refunds or credits of
excavation permit fees will be given with Public
Works and Mobility Director or designee approval as long as no work has commenced. The refund process will be consistent with
city policy. (Ord. 3709, 2023;Ord.
3628, 2019; Ord. 3244, 2004; Ord. 3014, 1997)
12.24.040
Construction Specifications. All work shall conform to the applicable sections of the
Montana Public Works Standard Specifications (MPWSS), latest edition; City of
Missoula Public Works Manual, City of Missoula policies, regulations,
requirements, addendums, or contract specification approved by the City
Engineer; or as specified in this ordinance.
Whenever there is a conflict between MPWSS and the city ordinance, the
stricter specification shall govern. Whenever
there is a conflict between MPWSS and approved contract specifications, the
approved contract specifications
shall govern. (Ord. 3679, 2021; Ord.
3244, 2004; Ord. 3014, 1997; Ord. 2055, 1979; prior code §28‑35).
12.24.045 Repealed (Ord.
3709, 2023; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997)
12.24.050 Repealed (Ord. 3709, 2023; Ord. 3244, 2004; Ord.
3014, 1997; Prior code §28‑36).
12.24.060 Contractor
Responsibility and Public Safety.
A.
Responsibility: The Excavator
in accepting and acting under the excavation permit granted under the
provisions hereof agrees to assume full responsibility for injury to persons or
losses or damage to property incurred by reason of, or arising out of, any act
or omission of such excavation or to properly barricade, guard, and warn the
public of such excavation.
B. Traffic Control: Prior to the issuance of a
permit the excavator shall provide a traffic control plan (as defined in the
Manual on Uniform Traffic Control Devices Part VI of the U.S. Department of
Transportation Federal Highway Administration, latest edition) or a traffic
control plan number from the City of Missoula Guidelines for Traffic Control
if applicable, and gain approval of the traffic control plan from Public Works
and Mobility staff. The excavator shall
be responsible for maintaining safe travel corridors for all vehicle, bicycle
and pedestrian traffic as part of the approved traffic control plan. Traffic control devices shall be installed in
accordance with the approved traffic control plan before construction or
maintenance operations, and shall be properly
maintained and operated during the time such special conditions exist. They shall remain in place only as long as
they are needed and shall be immediately removed thereafter. Where operations are performed in stages,
there shall be in place only those devices that apply to the conditions
present. Devices or signs that do not
apply to existing conditions shall be removed, covered or turned so as to not be readable by oncoming traffic. Barricade and sign supports shall be
constructed and erected in a proper manner. Weeds, trees shrubbery,
construction materials, equipment, spoil piles etc., shall not obscure any
traffic control device. Excavated
material that is stockpiled on city right-of-way shall be safeguarded by means
of flashing barricades and proper traffic regulatory signing. All safeguarding of excavation projects must
conform to the Manual on Uniform Traffic Control Devices for Streets and
Highways, U.S. Department of Transportation Federal Highway Administration.
C.
Excavation Safety: All work
covered in this ordinance shall meet current OSHA Safety and Health Standards.
Failure to comply with OSHA rules may result in an immediate loss of the
excavation permit. The excavator shall
take all necessary precaution to prevent injury to workers and others, and to
protect any and all adjacent private and public
property. This shall include protecting the
stormwater system, sidewalks, curbs, sprinkler systems, traffic loops, traffic
signals, etc. The excavator shall be
required to have a competent person, as defined by OSHA, on site during all
work associated with the Excavation Permit.
The excavator shall be solely responsible for all safety related to the
excavation. (Ord. 3709, 2023; Ord. 3492, 2013; Ord. 3244,
2004; Ord. 3014, 1997; Prior code §28‑37).
12.24.070 Repealed (Ord. 3709, 2023; Ord. 3244, 2004; Ord. 3014, 1997; Prior
code §28‑38).
12.24.080 Repealed
(Ord. 3709, 2023; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997;
Prior code §28‑39).
12.24.090 Repealed (Ord. 3709, 2023; Ord. 3492, 2013; Ord. 3244,
2004; Ord. 3014, 1997; Prior code §28‑40).
A. If
inspection of excavation, once commenced, finds methods being practiced not
conforming to this chapter, a correction notice will be issued by Public Works
and Mobility staff listing items or procedures not meeting requirements of this
chapter. If corrections listed on notice
are not brought to conformity with this chapter, a stop work order for the
project will be issued. Work on the
project shall only resume after a meeting with the excavator, Public Works and
Mobility Director or designee, and the Public Works and Mobility staff member
who issued the stop work order. If the
project is not brought into conformity with this chapter, the Public Works and
Mobility Director shall cause the excavation to be placed in a condition that
does meet the requirements of this chapter.
Costs shall be assessed to the excavator's bond under Section 12.24.120,
with action against the excavator's city business license, under Section
5.08.120.
(Ord.
3709, 2023; Ord. 3679, 2021, Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997;
Prior code §28‑41).
12.24.110 Business
license and liability insurance requirement. At
the time of making excavation business license application, the applicant shall
file with the City Treasurer evidence of liability insurance as required by
Section 5.08.150. The Development
Services staff shall verify that the excavator has obtained a city business
license prior to issuing a permit for the excavation. (Ord. 3492, 2013; Ord.
3244, 2004; Ord. 3014, 1997; Ord. 2043 §13, 1979; prior code §28‑43).
12.24.120 Surety
bond requirements.
A. An
applicant for a permit must also file a surety bond as required in Section
5.08.140 in the principal amount of not less than the contract amount, but in
no case, less than twenty thousand dollars.
In addition to the requirements of Section 5.08.140, the bond shall also
be conditioned upon the proper backfill of the excavation, proper installation
of any utility service or main line and restoration of surface in accordance
with the provision of this chapter. Such
bond shall be required of all applicants for permits without exception.
B. Any
evidence of settlement of backfill or deterioration or failure of excavator's
patch applied to the surface in the public right-of-way within two years after
completion and acceptance of the work shall be deemed conclusive evidence of
defective backfill or surface restoration by the permittee, excavator and in
such event, after three days' notice to the excavator and their bondsman, the Public
Works and Mobility Director or a
designated agent may elect to re-excavate and backfill properly or to repair
defective surface restorations, or both, in accordance with the provisions of
this chapter, and the costs thereof shall be assessed against the bond provided
for by this section and bond filed under this section must so recite the right
of the city to do so.
(Ord.
3709, 2023; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997; Ord. 2043 §14,
1979; prior code §28‑44).
12.24.130 Liability of city. The
city shall assume no responsibility for excavator's surface patches or for any
backfills. The Public
Works and Mobility
Director’s or his/her designee’s report upon failure of any excavator's
backfill substance or upon any surface failure shall be conclusive.
(Ord. 3709,
2023; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997; Prior code §28‑45).
12.24.140
Assessments for damaging or opening pavement.
A.
A
charge separate from the excavation permit fee must be paid by the excavator
for each square foot of pavement to be removed or damaged. Pavement may be considered damaged if it is
gauged, scraped, cracked, or has wheel or tread marks as a
result of excavation operations.
B.
The
asphalt cut assessment rate shall be established and amended by City Council
after conducting a public hearing.
C.
The
Public Works and Mobility Director may, in their judgment, waive the assessment
if the pavement is in poor condition. Monies obtained by these assessments
shall be credited to the appropriate City fund and earmarked for street
construction and repairs.
D.
Asphalt cut assessments shall be charged prior to construction at
the time of permit issuance. Square footage shall be based on the linear feet
of a project along with standard trench widths as determined in the Missoula
City Public Works Standards and Specifications Manual.
E. The following exceptions apply to pavement assessments:
F. When the excavation is performed at the request of the City for
street reconstruction that requires utility improvements, no pavement
assessment will be required of the utility making the improvements.
G. When an excavation is performed to replace or repair an
existing water or sewer service, no paving assessment will be required of the
property owner.
(Ord. 3709, 2023;Ord. 3526, 2014; Ord.
3492, 2013; Ord. 3462 §7, 2011; Ord. 3244, 2004; Ord. 3014, 1997; Ord. 2254 §1,
1982; prior code §28‑46).
12.24.150 Requirements for non-municipal utilities.
A. Applicability. The following section of code applies to
all non-municipal utilities with buried or above ground infrastructure within
right of way or public easements.
B. Registration, Permits, Construction Codes, and Cooperation
1.
With the exception of routine, minor maintenance work,
non-municipal utilities shall obtain a permit where required by the City’s
rules or regulations prior to constructing, removing, abandoning, relocating,
or reconstructing, if necessary, any portion of its facilities. Notwithstanding
the foregoing, City understands and acknowledges there may be instances when it
is in their interest for a non-municipal utility to make repairs that are of an
emergency nature without first obtaining a permit. In the event a non-municipal
utility undertakes such emergency repairs without first obtaining a permit, the
non-municipal utility will notify City as soon as practicable after discovering
the need for repairs and will apply for such required permits in a reasonable
time after notification to City.
i. Failure to obtain permits or comply with permit requirements
shall subject the non-municipal utility to all enforcement remedies available
to City.
2.
License. Any non-municipal utility owning or operating underground facilities
shall annually apply for an excavation business license to cover all
excavations to be made by or on behalf of such company during each fiscal year.
3.
Non-municipal utilities shall file a surety bond in the principal sum of fifty
thousand dollars concerning all of the excavation or
above groundwork made by or on behalf of the company. Such bond shall be filed
with the City Treasurer prior to issuance of excavation business licenses.
4.
Insurance. Public utility and cable television companies shall file with the
City Treasurer evidence of public liability insurance that conforms to Section
12.24.110.
5.
Inspections. Non-municipal Utility companies shall request inspections as
specified in Section 12.24.020 (F).
6.
Comprehensive Development Plan. Each non-municipal utility company operating
within the city shall provide a comprehensive development plan for the use of
rights-of-way or public utility easements for their utilities. The plan shall
be a five-year type plan plus information regarding
long-range plans. Supplemental updates of the plan shall be provided each year
prior to January 1. The plan and yearly supplements shall contain but shall not
be limited to the following:
i. Master plan of the utility in rights-of-way and public utility
easements;
ii.
Reconstruction, extension or replacement plans;
iii.
Yearly program for construction planned;
iv.
Schedules of overall improvements;
v.
Location of the proposed improvement within rights-of-way and public utility
easements.
C. Utility Locations and Plan Review. Locations of
utilities placed in rights-of-way and public utility easements shall be
approved by the Public Works and Mobility Director or designee. The
construction plans shall be drawn as per the requirements of the City of
Missoula Public Works Standards and Specifications Manual.
D. Minimum Interference.
1.
All transmission and distribution structures, lines and equipment erected by a
non-municipal utility shall be located so as to cause
minimum interference with the unencumbered use of rights-of-way, public utility
easements, and other public places and minimum interference with the rights and
reasonable convenience of property owners who adjoin any of the rights-of-way,
public utility easements, and public places.
2.
Non-municipal utilities shall provide advance notice to any private property
owner and shall obtain authorization prior to commencing work on private
property.
E. Disturbance or damage:
Any and all rights-of-way, or public or private
property, which are disturbed or damaged during the construction, repair,
replacement, relocation, operation, maintenance, expansion, extension, or
reconstruction of non-municipal utility work shall be promptly and fully
restored by the non-municipal utility, at its expense, to a condition as good
as that prevailing prior to the non-municipal utility’s work. A non-municipal
utility’s obligation under this paragraph will extend to the removal,
disturbance, or damage to existing trees, shrubs and related City owned
plantings located on public property absent the City’s prior approval.
F. Relocation:
Non-municipal utilities shall, at their own expense, protect, relocate,
support, temporarily disconnect any of its facilities when a City project or
activity makes disconnection, removal, or relocation necessary for benefit of
the public.
G. Emergency:
Whenever, in case of fire or other emergency, it becomes necessary in the
judgment of the City Clerk, police chief, fire chief, public works director or
their delegates, to remove or damage any of non-municipal utility facilities,
no charge shall be made by the non-municipal utility against City for
restoration, repair, or damages.
H. Tree Trimming:
Non-municipal utilities shall trim trees in accordance with Title 5, Chapter
5.80.090 of the Missoula Municipal Code and Chapter 12.32 of the Missoula
Municipal Code and any other provisions of Applicable Law.
I. Protection of
facilities: Nothing contained in this section shall relieve any
entity from liability arising out of the failure to exercise reasonable care to
avoid damaging non-municipal utility facilities while performing any work
connected with grading, regrading, or changing the line of any rights-of-way,
public utility easements, or public place or the construction or reconstruction
of any sewer or water system.
J. Installation records:
Each non-municipal utility shall keep accurate installation records of the
location of all facilities in the rights-of-way, public utility easements, and
other public places and furnish them to City upon request. Non-municipal
utilities shall cooperate with City to furnish such information in an
electronic mapping format, if possible compatible with the then-current City
electronic mapping format. Upon completion of new or relocation construction of
underground facilities in the rights-of-way, public utility easements, and
other public places, non-municipal utilities shall provide City with
installation records in an electronic format, if possible compatible with the
then-current City electronic mapping format showing the location of the
underground and above ground facilities.
K. Locating facilities:
Non-municipal utilities shall comply with the State of Montana’s One-call
system for locating facilities in the right-of-way as set forth in MCA Sections
69-4-501 through 69-4-530. Non-municipal utilities are obligated to furnish
location information to the City in a timely manner, but in no case longer than
thirty (30) days.
L. Relocation delays.
1.
If a non-municipal utility’s relocation effort so delays construction of a City
project causing City to be liable for delay damages, the non-municipal utility
shall reimburse City for those damages attributable to the delay created by the
non-municipal utility. In the event the non-municipal utility should dispute
the amount of damages, the matter shall be referred to
the City Engineer for a decision. In the event that
the non-municipal utility disagrees with the City Engineer’s decision, the
matter shall be submitted to the City Public Works and Mobility Director for
determination, whose decision shall be final and binding upon the non-municipal
utility as a matter of City review, but nothing herein waives any right of
appeal to the courts.
2.
In the event City becomes aware of a potential relocation delay involving
non-municipal utility facilities, City shall promptly notify non-municipal
utility and place them on notice of potential delay damages.
M. Interference with City
Facilities: The installation, use, and maintenance of the non-municipal
utility facilities within the rights-of-way, public utility easements, and
public places authorized herein shall be in such a manner as not to interfere
with City’s placement, construction, use and maintenance of its rights-of-way,
public utility easement, and public ways, street lighting, water pipes, drains,
sewers, traffic signal systems or other City systems that have been, or may be,
installed, maintained, used, or authorized by City.
N. Interference with
Utility Facilities: The non-municipal utility shall exercise
reasonable care in installing, maintaining or using any of its facilities in
such a manner that will not damage or interfere with any existing facilities of
another utility located within the rights-of-way, public utility easements, and
public places and shall relocate its facilities, if determined to be necessary
by the City Engineer, to accommodate another facilities’ relocation. Nothing in
this section is meant to limit any rights a non-municipal utility may have
under Applicable Laws to be compensated for the cost of relocating its
facilities from the utility that is requesting the relocation.
O. Colocation: To
maximize public and employee safety, to minimize visual clutter of aerial
plant, and to minimize the amount of trenching and excavation in and along
rights-of-way, public utility easements, and public places, non-municipal
utilities shall make every commercially reasonable effort to co-locate
compatible facilities within rights-of-way, public utility easements, and
public spaces, subject to the engineering requirements of the owners of utility
poles and other facilities.
P. Safety Requirements.
Non-municipal utilities shall at all times employ
ordinary and reasonable care and shall install and maintain in use nothing less
than commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage or injuries.
1. Non-municipal utilities
shall install and maintain its system and other equipment in accordance with
City’s codes and the requirements of the National Electric Safety Code and all
other applicable FCC, state, and local regulations, and in such manner that
they will not interfere with City communications technology related to health,
safety and welfare of the residents.
(Ord. 3709, 2023; Ord. 3492, 2013; Ord. 3244,
2004; Ord. 3014, 1997; Ord. 2560, 1987; Ord. 2043 §15, 1979; prior code §28‑47).
12.24.160 Repealed
(Ord. 3709, 2023; Ord. 3244, 2004; Ord. 3014, 1997; Prior code §28‑48)
12.24.170 Cleaning
up of excavation site. The
excavator shall prevent all mud, rocks, or debris from being spilled or dragged
onto rights-of-way outside the excavation site.
Upon completion of excavation work, the entire area in all directions
shall be cleared of all debris, boulders and all other excess materials from
excavation, backfill and resurfacing operations to the satisfaction of the Public
Works and Mobility staff. This clean up
requirement shall include private property, as well as public rights-of-way.
(Ord. 3709,
2023; Ord. 3492, 2013; Ord. 3244, 2004; Ord. 3014, 1997; Prior code §28‑50.3).
12.24.180 Requirements for special projects. The following shall apply to special projects as
determined by the Public Works and Mobility Director or a designated agent. Contractor and subcontractors
performing excavations for special improvement districts shall conform to the
specifications and contract documents for that special improvement district in
lieu of the Engineering construction requirements of this chapter.
(Ord. 3709, 2023; Ord. 3492, 2013; Ord.
3244, 2004; Ord. 3014, 1997; Prior code §28-50.5)
12.24.190 Violation‑‑Penalty. It
shall be unlawful for any person to fail to perform any of the conditions set
out in this chapter. Upon conviction, a
minimum fine of five hundred dollars will be levied. Any excavator convicted of a violation of
this chapter may have their city business license revoked as per Section
5.08.120 M.M.C. Further, any person
convicted of a violation of this chapter shall be required to post with the
City Treasurer a cash bond in the amount of five thousand dollars before they
may perform any further excavating work within the city. The cash bond shall be used on order of the
Development Services Director to repair and maintain any further excavations
made by such person. (Ord. 3492, 2013; Ord.
3244, 2004; Ord. 3014, 1997; Ord. 2043 §16, 1979; prior code §28‑50.4).
OBSTRUCTIONS
Sections:
12.28.030 Signs‑‑Maximum overall height.
12.28.040 Signs‑‑Extension of existing
signs.
12.28.050 Boxes, crates and barrels.
12.28.070 Passage on streets and sidewalks not to be
obstructed.
12.28.090 Materials from defective vehicles.
12.28.100 Obstructions caused by railway cars.
12.28.110 Visibility obstructions.
12.28.120 Visibility obstructions‑‑Exceptions.
12.28.130 Visibility obstructions‑‑Existing
obstructions.
12.28.140 Visibility obstructions‑‑Misdemeanor
and penalty.
12.28.150 Visibility obstructions‑‑Removal
of obstructions by city.
12.28.010 Generally. No person shall maintain or carry on any game, wheel of
fortune, lottery or gift enterprise of any kind in or upon any street or alley,
and no person shall maintain any stand, platform, vehicle or other obstruction
of any kind for the sale or exhibition of any article, apparatus or machinery
of any kind in or upon any street or alley unless it is within the central
business district and a permit shall have first been obtained in accordance
with Chapter 5.56.
(Ord. 2369 §1,
1984; Ord. 2043 §28, 1979; prior code §28‑101).
12.28.020 Signs‑‑Generally. No person shall place, erect, or maintain, or
cause to be placed, erected, or maintained, upon, over, or across any street,
sidewalk, or alley any hanging or swinging sign or signs, or post or posts, or
any obstruction of any kind or character as will in any degree interrupt or
hinder the free use of the street, sidewalk, or alley by the public, or that
will in any manner endanger the safety of any person passing or traveling
along, upon, or over such streets, alleys, and sidewalks, except small sidewalk
commercial signs may be used provided that:
1. No
such sign may obstruct pedestrian or other traffic;
2. No
such sign may be lighted or use electricity;
3. No
such sign may be larger than five feet in height or three feet in width;
4. No
such sign may hang, but must rest on the ground or on supports placed on the
ground;
5. The
business establishment using the sign has no other feasible means of
advertising;
6. The
sign is approved by the Public Works and Mobility staff.
The use of any sign authorized by this section is a privilege granted
by the city and shall not constitute a nonconforming use in the event such
signs are prohibited in the future.
(Ord.
3709, 2023; Ord. 3492, 2013; Ord. 2598 §1, 1987; Ord. 1930, 1978; Ord. 1869,
1977; prior code §28‑102).
12.28.030 Signs‑‑Maximum
overall height. No sign, illuminated or otherwise, shall
be constructed within the city limits of an overall height of more than thirty‑two
feet. (Prior code §27A‑1).
12.28.040 Signs‑‑Extensions
of existing signs. No present sign shall be extended in
height if such extension will cause the sign to be of a height greater than
thirty-two feet. (Prior code §27A‑2).
12.28.050 Boxes,
crates and barrels. It is unlawful for any person to leave
standing upon any sidewalk, street, avenue or alley, for a longer period than
two hours at any one time, any dry goods, boxes, crates, packing boxes or
barrels. (Prior code §28‑105).
12.28.060 Building
materials. It is unlawful for any person to place
or leave upon any street, avenue or alley any rock, stone, lumber, brick or
other building material, unless permission to do so shall be first obtained
from the Public Works and Mobility staff or unless the person shall be entitled
to do so under a building permit issued by Public Works and Mobility staff.
(Ord. 3709,
2023; Ord. 3492, 2013; Ord. 2043 §30, 1979; prior code §28‑107).
12.28.070 Passage on
streets and sidewalks not to be obstructed. It is unlawful for any person in any manner to obstruct
any sidewalk, street, avenue or alley, so as to
prevent uninterrupted and unobstructed passage and travel upon or over the
same. Vehicles shall be parked entirely within private property lines or
parallel along the street edge, except as allowed by Section 10.22.110. (Ord.
2043 §29, 1979; prior code §28‑104).
12.28.080 Awnings. Every awning hung to any building, where the awning
extends or projects out over any sidewalk, street or alley, shall be so hung
and adjusted as to leave free from any obstruction seven feet between the
bottom of the awning and the surface of the sidewalk, street or alley over
which the awning extends or projects. (Prior code §28-103) .
12.28.090 Materials
from defective vehicles. It shall be unlawful for any person to
haul through, upon or along any street or alley any dirt, soil, sand, gravel,
stone, straw, wastepaper or rubbish of any kind, in any cart, wagon or other
vehicle of any kind, unless the cart, wagon or other vehicle shall have in
their proper places end gates not less than the height of the sideboards. The
person in charge, possession or control of any cart, wagon or other vehicle
must at once replace any part of the contents thereof which may fall, drop or
be spilled therefrom upon any street, avenue, alley or other public place.
(Prior code §28‑108).
12.28.100
Obstructions caused by railway cars.
A.
It shall be unlawful for any person or railroad company, or its agents or
employees, to obstruct for a longer time than ten minutes the free passage of
any street or highway within the limits of the city by means of any railroad
car, cars, engine or engines or train; or to permit the same or either of them
to remain in or upon any public street or highway across which any railroad is
constructed or operated for a longer period than ten minutes.
B. Any person, railroad company, corporation or
other entity violating this section shall be deemed guilty of a misdemeanor.
The minimum punishment for the first offense violation of this section within
any thirty‑day time period shall be two hundred
fifty dollars. The punishment for a second or additional offense of this
section within thirty days of a prior offense by the same party or entity
responsible for the earlier offense shall be the maximum allowable fine of
five hundred dollars per additional offense during that time
period. No portion of the above identified minimum fines shall be
suspended by the court, except in instances where the violator establishes to
the court's satisfaction that the time length of the obstruction involved with
respect to a specific violation was directly attributable to mechanical or
equipment failure of railroad equipment and/or a railroad emergency such as but
not limited to a derailment which has occurred at or near the street
intersection; in which case the court in its discretion may suspend all or a
portion of the mandatory fine established pursuant to this section. (Ord.. 2601, 1988; prior code §28‑109).
12.28.110 Visibility
obstructions. Signs, fences, hedges, walls, shrubbery,
natural growth, or other obstructions to the view, whether movable or
stationary exclusive of motor vehicles, located on private property or public
right‑of‑way that are higher than thirty inches above the level of
the established top‑of‑street curb grade or level of the adjacent
street intersection and are located within:
A.
Sight
visibility triangles as documented in Chapter 9.5 Intersection Sight Distance,
in the American Association of State Highway and Transportation Officials
(AASHTO) A Policy on Geometric Design of
Highways and Streets.
B. The
isosceles triangle having sides of ten feet along the right‑of‑way
line of an alley or along the edge line of a private drive, for pedestrian
purposes, and along:
1.
The outside edge of the sidewalk, or
2.
If there is no sidewalk, the curb line; or
C. Regardless
of other provision of this section fences, walls, trees, or hedges erected or
maintained in any area which materially impedes vision of vehicles entering an
abutting street as determined by Public
Works and Mobility staff; are obstructions to visibility of
pedestrians and persons operating vehicles and are public nuisances.
It is the duty of the owner or tenant of any premises within the city
to abate such public nuisances in front of and adjoining their premises within
the public right‑of‑way or upon their premises by destroying,
removing, or trimming the cause of the public nuisance.
(Ord. 3709, 2023; Ord. 3676, 2021; Ord. 3492,
2013; Ord. 2598 §2, 1987).
12.28.120 Visibility
obstructions‑‑Exceptions. Section
12.28.110 shall not apply to trees trimmed to the trunk to at least eight feet
above the level of the curb and that are planted so as to
leave a clear unobstructed cross‑view. Section 12.28.110 also shall not
apply to fire hydrants; public utility poles; street markers; traffic control
devices; existing permanent buildings; existing grades, which by reason of
natural topography exceed thirty inches above the curb; and private signs
mounted eight feet or more above the curb and whose supports higher than thirty
inches above the established top of curb grade or level of the adjacent
intersection do not exceed twelve inches in diameter.
(Ord. 3676, 2021; Ord. 2598 §3, 1987).
12.28.130 Visibility
obstructions‑‑Existing obstructions. No obstruction to cross‑visibility shall be exempted
or excluded from the application of this chapter because of its being in
existence at the time of the adoption hereof. (Ord. 2598 §4, 1987).
12.28.140 Visibility
obstructions‑‑Misdemeanor and penalty.
A. It shall be a misdemeanor for
any person or persons or corporations owning real property or tenants of any
real property to install, set out, or maintain or to allow the installation,
setting out, or maintenance of any private signs, hedge, fence, shrubbery,
natural growth, or other obstruction to the view, whether movable or
stationary, higher than thirty inches above the level of the street curb or the
level of the adjacent roadway on any private property or public right‑of‑way
that is located in the areas described in Section 12.28.110, subsections A, B,
and C.
B. Any person or persons or
corporations violating Section 12.18.110 of this code after thirty days' notice
by the Public Works and
Mobility Director, shall be guilty of a misdemeanor and on conviction shall be
fined any sum not less than fifty dollars nor more than one hundred dollars,
and each day that the violation shall continue shall constitute a separate
offense.
(Ord. 3709,
2023; Ord. 3676, 2021; Ord. 3492, 2013; Ord. 2598 §5, 1987).
12.28.150 Visibility obstructions‑‑Removal of obstructions
by city. In the event of any violation of
Sections 12.28.110 in addition to the fine mentioned in Section 12.28.140, the
city, at the direction of the city engineer, is authorized to go on the real
property and to take any usual and necessary action to effect full compliance
with the provisions of these sections. The cost thereof shall be a charge
against the person or persons or corporation responsible and shall be a lien
against the property from which such obstruction is
removed. (Ord. 2598 §6, 1987).
Chapter
12.30
FENCES
Sections:
12.30.010 Repealed
(Ord. 3577, 2016; Ord. 3180, 2001; Ord. 3023, 1997; Ord. 2739 §1, 1990)
12.30.020 Repealed
(Ord. 3577, 2016; Ord. 3526, 2014; Ord. 3501 §5, 2013; Ord. 3492, 2013; Ord.
3492, 2013; Ord. 3343 §6, 2010; Ord. 3384 §6, 2008; Ord. 3350 §6, 2007; Ord.
3323 §6, 2006; Ord. 3298, 2005; Ord. 3259 §5, 2004; Ord. 3227, 2003; Ord. 3180,
2001; Ord. 3023, 1997; Ord. 2944, 1995; Ord. 2739 §2, 1990).
12 30.030 Repealed (Ord. 3577, 2016; Ord. 3492, 2013; Ord. 3180, 2001; Ord.
3023, 1997; Ord. 2739 §3, 1990).
12.30.040 Repealed (Ord. 3577, 2016; Ord. 3240, 2003; Ord. 3180, 2001; Ord.
3023, 1997; Ord. 2944, 1995; Ord. 2770, 1991; Ord. 2739 §4, 1990).
12.30.050 Repealed
(Ord. 3577,
2016; Ord. 3526, 2014; Ord. 3501 §6, 2013; Ord.
3492, 2013; Ord. 3476 §7, 2012; Ord. 3462 §8, 2011; Ord. 3433 §7, 2010; Ord.
3384 §7, 2008; Ord. 3355, 2007; Ord. 3350 §7, 2007; Ord. 3323 §7, 2006; Ord.
3298, 2005; Ord. 3259 §6, 2004; Ord. 3227, 2003; Ord. 3180, 2001; Ord. 3023,
1997; Ord. 2739 §5, 1990).
12.30.060 Repealed (Ord. 3577, 2016; Ord. 3492, 2013; Ord. 3180, 2001; Ord.
3023, 1997; Ord. 2739 §6, 1990).
12.30.070 Repealed (Ord. 3577, 2016; Ord. 3492, 2013; Ord. 3180, 2001; Ord.
3023, 1997; Ord. 2944, 1995)
FENCES
Sections:
12.31.040 Conflicting Provisions.
12.31.060 Fences – General Conditions.
12.31.070
Fence Standards and Restrictions – Residential Uses.
12.31.080
Fence Standards and Restrictions – Commercial/Industrial/Agricultural Uses.
12.31.090 Fence Gates and Arbors.
12.31.100
Fence Encroachments – Permits and Provisions.
12.31.110 Construction Site Fences.
12.31.120
Investigate Fee – Work without a Permit.
12.31.010
Authority. This ordinance is adopted pursuant to the powers granted
and limitations imposed by Montana state law; Montana Code annotated (MCA) and
the City of Missoula’s self-governing power. (MCA 7-14-41, MCA 7-15-41 and MCA
60-1-103) (Ord. 3577, 2016)
12.31.020
Purpose. The City Council declares that the purpose of this chapter
is based on its determination that it finds it necessary for public safety,
health, and general welfare to regulate the installation of fences. (Ord. 3577,
2016)
12.31.030 Applicability. This code shall apply to public
rights-of-way, public easements, and private property within the City of
Missoula and shall define and regulate the design, construction, and inspection
requirements for construction of fences when a fence permit is required by
Missoula Municipal Code (MMC). (Ord. 3577, 2016)
12.31.040
Conflicting Provisions. If any provisions of this Fence Ordinance conflict with any
provisions or regulations of Federal, State, or Local Government, then the most
restrictive requirement(s) shall apply, to the extent permitted by law. (Ord.
3577, 2016)
A. ”Agriculture” means the use of land for growing, raising, or marketing of plants to produce food, feed, or fiber commodities. Examples of crop agriculture include cultivation and tillage of the soil and growing and harvesting of agricultural or horticultural commodities. Crop agriculture does not include personal (household) gardens. Also, the use of land for raising animals to produce food or fiber commodities. Examples of animal agriculture include dairying and the raising of livestock, bees, fur-bearing animals, and poultry. Animal agriculture does not include the keeping of up to 6 female chickens, in accordance with Chapter 6.07 of the municipal code.
B. “Arbor” means a fence feature forming a latticework or archway over a gate.
C. “Fence”
means any kind of wall, enclosure, or barrier around the property that does not
otherwise structurally function as a retaining wall (a wall built to keep earth
or water in place) or as a structural, integral part of a building as defined
by the International Building Code (IBC) and International Residential Code
(IRC).
D. “Electric
Fence” means any commercially available (off-the-shelf), packaged fencing
system of one (1) joule or less and six thousand (6,000) volts or less that is
connected to:
1. Any
standard 110/120-volt receptacle/outlet.
2. Any
hydro, solar, wind, or other natural-resource power system.
E. “Front
Yard Fence” means a fence that is intended to contain people and pets, to
prevent intrusion by people or pets, or to simply mark a boundary and are not
meant for privacy or to restrict vision, but for openness and continuity along
the street frontage.
F. “Rear
Yard Fence” means a fence that is intended to foster privacy, but with height
limitations.
G. “Encroaching
Fence” means any portion of a fence that extends beyond private property into
the public right-of-way; towards the sidewalk, street, alley, or any other
public space; above and/or below the ground.
H. “Gate”
means a device at a passageway or a moveable barrier, located in a section of a
fence that can swing, slide, raise/lower, or otherwise provide access, ingress,
and/or egress to the property or enclosed area.
(Ord. 3577, 2016)
12.31.060 Fences – General Conditions.
A. Fence
Permit Required. Any property owner or contractor constructing a new fence or
any time twenty-five (25’) feet or more of any portion of an existing fence
(front or rear) is replaced, reconstructed, or repaired by a property owner or
contractor, a fence permit shall be obtained from the City, prior to the
construction or reconstruction of said fence. Fence permit fees are established
by Resolution. One (1) fence permit is required per physical location, parcel,
lot, or address. One (1) permit shall not be issued for multiple locations or
addresses unless one (1) physical location, parcel, or lot has multiple
addresses (such as a multi-family parcel). All work under this permit shall be
completed within one hundred eighty (180) days of issuance. Any work to be done
after one hundred eighty (180) days of the date of the permit shall require a
new permit.
B. Fence
Maintenance. The property owner shall assume, by way of an approved fence
permit application, all responsibility to maintain approved
fence in good repair at all times at their sole expense. The fence that
is approved to be constructed shall always be maintained in a condition that is
deemed safe and satisfactory, as determined by Public Works and Mobility
Inspectors.
C. Fence
Liability. The property owner shall assume, by way of an approved fence permit
application, all liability resulting from any incident involving the approved
fence installation and maintenance and shall hold the City harmless from all
damages resulting from such incident.
D. Fence
Responsibilities. The property owner shall assume, by way of an approved fence
permit application, all responsibility to install the fence on the property
owners’ property. All fences shall be installed inside the property line so
that no component; post, footing/base, or any other portion of the fence
extends beyond the property line. If the location of the property line is
unknown or unclear, it is recommended that, at minimum, a retracement survey be
performed by a Montana licensed professional land surveyor, prior to fence
installation. A dispute over property line location between neighbors is a
civil matter and shall be directed to the civil court system.
E. Fence
Permit Revocation. The property owner acknowledges, by way of an approved fence
permit application, that if the fence is not constructed in accordance with the
approved plans or is constructed so to encroach into the public right-of-way,
the issued fence permit may be revoked. If the fence permit is revoked, the
property owner agrees to immediately take corrective action and/or remove the
fence and restore the premises to its original condition.
F. Covenants,
Conditions, and Restrictions. Homeowners are encouraged to check Covenants,
Conditions, and Restrictions that may apply to construction of fences in their
subdivision before applying for fence permits.
G. Building
Permits. Any fence exceeding eighty-four (84”) inches or seven (7’) feet in
height shall be designed and engineered for safety, structural soundness, and
lateral/wind load analysis and require a City Building Permit in addition to
the required City Fence Permit.
H. Determining
Yards. For irregular-shaped lots and in other instances where yards are not
clearly defined in this section, the Zoning Officer is authorized to establish
Front and Rear Yards for the purposes of fence location and construction.
I. Maximum
Fence Heights Exception. Requests to exceed the maximum height standards
provided in this Chapter may be approved if the Development Services Director
finds that there are unusual circumstances that warrant the additional height,
the proposed fence is sensitive to neighborhood character, and it will not have
a negative impact on residential neighbors.
The property owner shall provide comment from the adjacent property
owners to be included with the exception request.
J. Fence
installation relative to public sidewalks.
1. Where
public sidewalks do not exist, fences shall be installed no closer than
twenty-four (24”) inches or two (2’) feet to the back of any future public
sidewalk as determined by the City Engineer. This is to facilitate the
installation of the future sidewalk without disturbance to the fence.
2. Where
public sidewalks do exist, no fence shall be installed closer than twelve (12”)
inches or one (1’) foot to the back of the sidewalk. This is to facilitate the
maintenance and/or replacement of the existing sidewalk without disturbance to
the fence.
3. The
fence must still be located on private property, regardless of existing or
future sidewalk location, unless an encroachment permit has been approved per
Section 12.31.100.
K. Fences
within an Easement or Levee. The property owner acknowledges, by way of an
approved fence permit application, that certain types of fences may be
permitted to encroach into certain types of easements. Property owner(s), fence
permittee(s), or fence contractors shall review the plat or any separate
easement document(s) for the subject property prior to submitting for an
application for a Fence Permit. Fences constructed over, upon, or within an
easement may be removed without notice. Property owner(s)/fence permittee(s)
accept any and all liability for damage, maintenance,
or repair to the easement as a result of the fence. For properties located
through, upon, or within a levee, no fence of any kind shall be constructed
through, upon, or within the levee. No flood control device shall be altered,
damaged, impeded, or removed as a result of fence
installation.
(Ord. 3709, 2023; Ord. 3577,
2016)
12.31.070
Fence Standards and Restrictions – Residential Uses.
Residential Fence
Restrictions apply to all residential development including single-family
homes, duplexes, triplexes, and multi-family development.
A. No
fence shall be constructed or installed anywhere which restricts or obstructs
sight visibility as described in Section 12.28.110 of this code.
Figure 12.31.070-1.
B. Fence
Height (See Figure 12.31.070-2 for Yards and Fence Heights)
1. Front
Yard fences shall have a maximum height of forty-eight (48”) inches or four
(4’) feet. Front Yard height is to be measured at the ground level immediately
adjacent to the fence or the adjacent sidewalk grade (existing sidewalk or
future/proposed sidewalk) to the top of the fence post.
2. When
an existing home is further from the front property line than the other homes
on the same side of the block a front yard fence on the subject parcel may be
constructed at the location of the average front yard depth of the parcels
within the block face.
3. Exceptions
from maximum fence height as specified in Section 12.30.070 B.1 above may be
granted by the Zoning Officer to allow a six foot (6’)
fence height in the following cases:
a. Where
portions of a pre-existing single family home are
immediately adjacent to, or directly across the street from, a new
commercial/industrial use that has generated additional impacts.
b. Fences
in residential areas that are facing or fronting property with railroad tracks
used daily.
Figure
12.31.070-2.
Yards and
Fence Heights
Front & Rear Yards Average Front Yard
|
|
|
4. Rear
Yard Fences shall have a maximum height of seventy-two (72”) inches, or six
(6’) feet. Rear Yard fence height is to be measured from the height of the
ground level adjacent to the fence.
5. Height
of fences built upon or immediately behind a retaining wall shall be measured
from the grade of the ground retained by the wall.
C. Wildlife
fences designed to exclude deer or elk from residential gardens, up to
ninety-six (96”) inches or eight (8’) feet in height, will be permitted subject
to the following restrictions:
1. The
wildlife fence is in the rear yard and encloses the minimum area necessary to
protect planted area(s). The planted area(s) must be delineated on a site plan
(this provision is not intended to promote the fencing of entire yards).
2. The
wildlife fence has a maximum of ten (10%) percent opacity and the fence
material is standard woven wire or custom high-tensile wire/mesh. In order to
protect wildlife from injury there may be gaps of no more than eighteen (18”)
inches between the horizontal wire strands, no barbed wire or other components
or attachments injurious to wildlife and there must be a highly-visible
top rail (flags may be used).
3. Fences
in excess of eighty-four (84”) inches or seven (7’)
feet in height require a building permit.
4. Wildlife
fences that do not meet the standards above may be permitted as an exception if
the design is deemed to be an acceptable alternative by the Development
Services Director that protects gardens while being safe for wildlife,
sensitive to neighborhood character, and not have a negative impact on
residential neighbors. The property
owner shall provide comment from the affected adjacent property owners to be
included with the exception request.
D. Electric
fences for deterring bears from apiaries (beehives), fruit trees, gardens,
livestock pens, rabbit hutches, garbage containers, dog kennels, chicken coops,
compost piles, storage sheds, and other uses may be permitted with approval of
the Development Services Director in the Bear Buffer Zone as shown in Appendix
A of Missoula City Resolution #7503 or on a parcel where a documented incident
has occurred involving a bear on the property.
The fence must enclose the minimum area necessary to protect the
use. Electric fences may not be erected
along or adjacent to any street, alley, sidewalk, or other public right-of-way
or public property or along any dividing line between separate pieces, parcels,
or lots of land. Montana Fish, Wildlife
& Parks’ publication Deterring Bears with Electrified Fencing: A
starter’s guide is a resource for design and specifications.
E. No
fence in a residential area shall be constructed of, or contain:
1. Broken
glass.
2. Barbed
wire.
3. Razor
wire.
F.
No fence in a residential area adjacent to a
public sidewalk shall be constructed of, or contain, materials having sharp,
hazardous points, or protrusions.
(Ord. 3577, 2016)
12.31.080 Fence Standards
and Restrictions – Commercial/Industrial/Agricultural Uses.
A. No
fence shall be constructed, or installed anywhere which restricts, or
obstructs, sight visibility as described in M.M.C. Section 12.28.110 and Figure
12.31.070-1.
B. Fence
Height:
1. Commercial/Industrial/Agricultural fences shall have a maximum height of
ninety-six (96”) inches or eight (8’) feet on all sides. Fences in excess of eighty-four (84”) inches or seven (7’) feet in
height require a building permit.
2. In
cases where portions of an existing single family home
are immediately adjacent to a commercial/industrial development the maximum
height of the commercial/industrial fencing shall be seventy-two (72”) inches
or six (6’) feet.
C. Barbed
Wire/Razor Wire Fences:
1. Barbed
wire or razor wire used on Commercial/Industrial fences may be permitted with
approval of the Zoning Officer. Barbed wire or razor wire used along the top of
the fence shall start at a height of not less than seventy-two (72”) inches or
six (6’) feet, and shall not be angled so as to extend
beyond the property line. Barbed wire or razor wire along the top of a fence is considered to be part of the fence and shall not extend
beyond a total height of ninety-six (96”) inches or eight (8’) feet.
2. Barbed
wire fences may be used to secure livestock for agricultural purposes.
3. Barbed
wire or razor wire fencing may not be installed along or adjacent to any
street, alley, sidewalk, or other public right-of-way or public property or
along any dividing line between separate pieces, parcels or lots of land.
D. Electric
Fences:
1. Electric
fences may be permitted with approval of the Zoning Officer on commercial,
industrial, or agricultural properties where there is a demonstrated general
security need or a need to secure agricultural livestock or protect
agricultural crops. Where permitted, electric fences shall consist of any
commercially available (off-the-shelf), packaged fencing system of one (1)
joule or less and six thousand (6,000) volts or less that is connected to:
a. Any
standard 110/120-volt receptacle outlet.
b. Any
hydro, solar, wind, or other natural-resource power system.
2. The
fence charger shall be installed not less than six (6’) feet above ground.
3. The
fence shall, at minimum, have one (1) sign at each end and/or corner of the
electric fence consisting of, at minimum, eighty (80 sq. in.) square inches
(i.e. eight (8”) inches by ten (10”) inches). Signage language shall include
“WARNING” or “CAUTION” and “ELECTRIC FENCE” and display electrical symbols such
as a lightning bolt.
4. All
modified or altered commercial fencing systems, home-built fencing systems, or
automotive/marine battery-operated fencing systems are not permitted.
5. Electric
fences may not be erected along or adjacent to any street, alley, sidewalk, or
other public right-of-way or public property or along any dividing line between
separate pieces, parcels, or lots of land.
E. Commercial/Industrial/Agricultural
fences shall not encroach into the public right-of-way. Exceptions may only be
granted by the City Engineer when it has been determined that the public
safety/public interest will be served by issuing an encroachment permit. If an exception is granted all requirements
in 12.31.100 apply.
(Ord. 3577, 2016)
12.31.090
Fence Gates and Arbors.
A. No
gate shall open in any way as to extend beyond the property line and/or into
the street, alley, sidewalk, or other public right-of-way. All gates shall open into the property or be
offset into the property at least a distance equal to the width of the
gate. All gates shall be subject to the
same height restriction(s) as the fence segment in which the gate is located.
B. An arbor may be used over a gate where there is a
walkway. The arbor must have a minimum
of 6’8” height clearance, may not exceed overall height of 10’, and must be
outside of the right-of-way.
(Ord. 3577, 2016)
12.31.100
Fence Encroachments – Permits and Provisions.
The City Engineer is
authorized to grant a fence encroachment permit to the owner of land abutting
city right-of-way for a temporary revocable privilege to construct, install,
and maintain a fence upon a portion of the public right-of-way that is not
currently or prospectively used or needed in the near future
for any public travel or public use.
A. Fence
Permit Encroachment. A fence encroachment permit is required for any fence that
encroaches into the right-of-way. The fence encroachment permit is a revocable
privilege and consists of a fence encroachment permit and a notice signed by
the property owner that will be filed at the Missoula County Clerk and Recorder
office containing the following sections.
1. The
property owner recognizes that the City retains its right to use and to access
the public right-of-way subject to the fence encroachment permit, and,
2. The
property owner recognizes that the permit is revocable by the City at any time
upon thirty (30) days’ notice to the permittee. The permittee will be required
to remove the fence and restore the land to its former condition, all at the
permittee’s expense, upon receipt of such notice; and,
3. The
property owner will assume all liability resulting from any incident involving
an encroaching fence and shall hold the City harmless from all damages
resulting from such incident and the assumption of liability will be binding on
successors in interest; and,
4. Any
subsequent property owner will have the same conditions, responsibilities, and
honor all covenants as agreed by the original property owner receiving the
original fence encroachment permit; and,
5. The
encroaching fence will comply with all provisions of the fence ordinance; and,
6. The
property owner will pay a fence encroachment permit fee as established by City
resolution, unless the fee is waived per 12.31.100 C.2.
B. Fence
Encroachment General Requirements.
1. No
fence shall be allowed to encroach into Montana Department of Transportation
(MDT) right-of-way without MDT approval and the approval of a City of Missoula
encroachment permit.
2. If no
public sidewalk or curb exists, the City Engineer shall determine the most
probable location of the future sidewalk/curb and approve the fence location
based on this information. The City Engineer, at his discretion, may require
the installation of curb and sidewalk prior to approval of the encroachment
permit.
3. Encroaching
fences shall have posts not exceeding two and three-eighths (2-3/8”) inches
outside diameter for metal pipe or four (4”) inch square dimension for wooden
posts. No fences shall be constructed of stone, rock, masonry, any metal with
pointed or projecting tops, cable, or chain. Prior to the issuance of the fence
encroachment permit, the fence design shall be approved by the City Engineer or
a designee to ensure conformity to this section and to be reviewed for
potential hazards.
4. No
other structure or storage of personal property inclusive of motorized vehicles
other than landscape materials approved by Section 12.48 Boulevards of this
code shall be allowed in the public right-of-way behind a permitted encroaching
fence. There shall be no shrubs, bushes, or hedges exceeding the height of the
permitted fence in the public right-of-way.
5. No
electric, barbed wire, or razor wire fences are allowed as Encroachment Fences.
6. Encroaching
fences shall meet all applicable requirements of this chapter.
C. Fence
Encroachments: Existing. Existing fences that encroach upon a portion of the
public right-of-way shall be approved by the City Engineer and are subject to
all requirements of this chapter.
1. When
twenty-five (25’) feet or more of an existing fence in the public right-of-way
is replaced, repaired, or reconstructed, a new fence encroachment permit shall
be obtained from the City prior to re-construction of the fence.
2. When
an existing fence in the public right-of-way is replaced, repaired, or
re-constructed and the reconstruction results in a reduction to the amount of
encroachment, the encroachment permit fee will be waived.
3. The
City Engineer may order that an encroaching fence be removed, modified, or
relocated due to:
a. Causing
a sight obstruction in accordance with Section 12.28.110 of this code;
b. Installation
of any public improvements within the right-of-way;
c. Installation
of a traffic control device;
d. An
order by the City Council;
e. The
owner replacing, reconstructing, or repairing twenty-five (25’) feet or more of
the existing encroaching fence; or,
f. If the
fence is in hazardous condition.
(Ord. 3577, 2016)
12.31.110
Construction Site Fences.
A. No
construction site fence shall be constructed or installed which restricts or
obstructs sight visibility as described in Section 12.28.110 of this code.
B. Construction
fencing on private property does not require a fence permit.
C. Construction
fencing may be up to seventy-two (72”) inches or six (6’) feet in height on all
sides of the worksite.
D. A
construction fencing base shall not obstruct any pedestrian or vehicular
traffic on sidewalks, streets, alleys, or any public right-of-way.
E. Construction
fencing shall not be permitted in the public right-of-way without prior
issuance of a Right-Of-Way Occupancy Permit.
F. Construction
fencing shall be maintained in a safe condition for the duration of the
construction project, as determined by Public Works and Mobility Inspectors.
G. Construction
fencing is subject to all other fence restrictions identified in this chapter.
(Ord. 3709, 2023; Ord. 3577, 2016)
12.31.120 Investigative Fee – Work without
a Permit. Investigation.
Whenever any fence work, for which a fence permit is required by this
ordinance, has been commenced prior to obtaining said permit, an investigation
shall be made before a permit may be issued for such work. An investigation
fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee
shall be equal to the amount of the permit fee required as established by
resolution and paid before any permit issued. The payment of such investigation
fee shall not exempt any person from compliance will all provisions of this
ordinance. In addition to the investigation fee, the Development Services
Director may require additional mitigation including but not limited to removal
of the fence. The Development Services Director may grant relief from the
investigation fee upon written request from the contractor or property owner.
(Ord. 3577, 2016)
A. It
shall be unlawful for anyone to construct a fence or to allow a fence to be
constructed on their real property in violation of this chapter. There shall be
a fine of up to five hundred ($500.00) dollars for not complying with the above
chapter. Imprisonment shall not be a penalty for any such violation.
B. Any
fence not in compliance with this chapter may be ordered removed by the City
Engineer or designee. Any fence not removed or brought into compliance within
thirty (30) days’ notice from the City Engineer or designee shall be removed by
City labor forces or by an assigned contractor with all associated costs
assigned to the property owner to become a recordable lien.
(Ord. 3577, 2016)
12.31.140
Appeal Process. Appeals of decisions on a fence permit by the Development
Services Director may be filed by any person aggrieved by the decision to the
Missoula City Council by submitting a formal letter to Development Services
Director requesting that the issue be referred to the City Council citing
justification as to why the Development Services Director decision should be
overruled.
(Ord. 3577, 2016)
Chapter 12.32
COMPREHENSIVE TREE AND SHRUB PLANTING,
PRUNING AND MAINTENANCE REGULATIONS
Sections:
12.32.020 The City Tree Board.
12.32.030 City forester‑‑Establishment‑‑Duties.
12.32.040 Scope of applicability.
12.32.070 Responsibility for trees.
12.32.090 Landscaping required for new developments.
12.32.095
Tree requirements for public trees.
12.32.110 Vandalism or damage to woody vegetation.
12.32.120 Providing barriers during construction.
12.32.130 Attaching ropes, wires or handbills to trees
in a public place.
12.32.150 Declaration of hazard.
12.32.160 Tree planting, maintenance and removal.
12.32.170 Interference with city parks and recreation
department
12.32.180 Appeal from order of city parks and recreation
department.
A.
The purpose of this chapter is to protect the health, safety and welfare
of both the public citizenry and the trees in the City of Missoula by
establishing standards and regulations to control planting, planning, removal,
maintenance, and protection of the trees and shrubs within the public rights of
way and public land areas from undesirable and unsafe planting, removal,
maintenance and protection practices and by eliminating and guarding against
dangerous conditions which may result in injury to persons using the public
areas of the city; and by promoting the enhancement and natural beauty of the
city; as well as to prevent damage to any public sewer or water main, street,
sidewalk or other public property; and to guard all trees and shrubs within the
City against the spread of disease or pests.
B. The City Council determines these
tree standards and regulations are reasonably necessary and desirable for the
following reasons:
1. Trees are proven producers of oxygen, a necessary element for the
survival of mankind;
2. Trees appreciably reduce the ever-increasing and environmentally
dangerous carbon dioxide content of the air and play a vital role in purifying
the air;
3. Trees play an important role in the hydrologic cycle, transpiring
considerable amounts of water daily day, thereby precipitating dust and other
particulate airborne pollutants from the air;
4. Trees play an integral role in neutralizing wastewater which passes
from the surface to lower ground water aquifers;
5. Trees through their root systems, stabilize the soil and play an
important and effective part in City-wide soil conservation, erosion control
and flood control;
6. Trees are essential and an invaluable physical and psychological
addition to the City, making life more comfortable by providing shade and
cooling both air and land, reducing noise levels and glare, and breaking the
visual monotony of development of land;
7. Trees provide wildlife habitat and play other important ecological
roles;
8. The protection of trees within the city of Missoula is not only
desirable, but essential to the present and future health, safety, and general
welfare of all the citizens of City of Missoula;
9. Some tree species are more beneficial than others as necessary
contributors to the City’s environment and it is not necessary to protect each and every tree in order to attain the public benefit of
a tree protection and replacement ordinance.
C. The provisions of this ordinance shall apply
to all trees and shrubs presently or hereafter planted in or upon any public
area, which shall endanger the life, health or safety of persons or property.
(Ord. 3043, 1997; Ord. 2807 §1, 1992).
12.32.020 The City
Tree Board.
The City Tree Board shall serve as the appellate body for property owner
appeals to City Park and Recreation Department decisions pertaining to woody
vegetation located in any public right of way, as well as an advisory body to
the City Council and shall perform any functions, responsibilities or duties
established herein. (Ord. 3043, 1997;
Ord. 3034, 1997; Ord. 2807 §2, 1992).
12.32.030
City forester‑‑Establishment‑‑Duties.
A.
The position of City Forester may be established within the City Parks
and Recreation Department and is responsible to the City Parks and Recreation
Director.
B. The
City Forester shall perform any duties determined by the City Council and The
Parks and Recreation director and shall assist the Park Board with the Park
Board’s statutory responsibility to plant, cultivate, maintain and improve all
trees and other plants upon the streets, avenues, boulevards, and public
places, including the Park Board’s right to designate the character and quality
of all trees and plants planted in such parks, streets, avenues, boulevards and
public places. (Ord. 3043, 1997; Ord. 2807
§3, 1992)
12.32.040
Scope of applicability.
A. This chapter applies to all trees, plants and
shrubs located on or in the right-of-way, boulevards, and public places of the
city, and to private property trees that encroach, and/or create a condition
which renders dangerous for passage on any public right-of-way, boulevards and
public places, except for all woody vegetation located within the boundaries of
the city cemetery while it is managed by a city cemetery staff.
B. The
provision of this ordinance pertaining to planting, spacing, or species of tree
shall not apply to any tree existing at the time of the enactment of this
ordinance. (Ord. 3043, 1997; Ord. 2807
§4, 1992).
12.32.050
Definitions.
The following definitions shall apply to the provisions of this chapter.
A. “Public right-of-way” means the entire width
between the dedicated boundaries of all public streets, roads, boulevards,
alleys and includes all sidewalks and public parking strips located within any
such boundaries.
B. “Public area” means all public right-of-ways, public parks, and other lands owned or
leased by the city, unless the context of a specific provision expressly
applies to other public lands as well.
C. “Woody vegetation” means trees, shrubs, plants
and any other vegetation with a woody stem.
D. “Encroaching woody vegetation” means any woody
vegetation that grows or extends within the boundaries of the public
right-of-way, which renders it dangerous for passage.
E. “Tree preservation zone” or “TPZ” is a circle
surrounding the target tree with a radius of one (1) foot for every one (1) inch diameter of tree being considered.
F. “Boulevard trees” means any tree which exists
in an area of public right-of-way between the edge of the public roadway,
whether curbed or not, and the private property line.
G. “Park trees” means all trees on city owned or
leased land other than trees that are in the public right-of-way.
H. “Arboricultural treatments” means all
services, treatments or operations involving trimming, pruning, spraying,
injecting, fertilizing, cabling, surgery work, removal of and cutting above or
below ground level of a tree.
I. “Topping” means the severe cutting back of
limbs to stubs larger than three inches in diameter within the tree’s crown to
such a degree so as to remove the normal tree canopy
and disfigure the tree.
J. “Notice” means a written or verbal
announcement to the abutting property owner.
K. “Tree Board” means an appointed sub-committee
comprised of 4 members of the City Park and Recreation Board. (Ord. 3043, 1997; Ord. 3034, 1997; Ord. 2807
§5, 1992) .
12.32.060 Permit
requirement.
It is unlawful for any person or contracted tree service person to
engage in the business of planting or arboricultural treatment of trees within
the public right-of-way or public area, without written consent obtained by
issuance of a permit by the City Parks and Recreation Department. (Ord. 3043, 1997; Ord. 2807 §6, 1992) .
12.32.070
Responsibility for trees.
A.
The abutting property owner shall be responsible for the regular
watering, care and maintenance of the boulevard or parking strip per MMC
section 12.48.030. The City Council
and/or City Parks Department may require any property owner to teat or remove
any woody vegetation in a parking strip abutting upon the owner’s property.
B. The
City Parks Department may take action to remove, or treat any tree on public
land if it:
1. is diagnosed to have an epidemic insect infestation or disease that
would prove to be detrimental to the Urban Forest; or
2. creates a hazard or an immediate threat to public safety, and assess
the cost of such action against the abutting property owner; or
3. is identified as a tree that would be either an obstruction or would
not live after a street, sidewalk, curb and gutter, alley or public utility
construction or maintenance project is implemented. (Ord. 3043, 1997; Ord. 2807 §7, 1992).
12.32.080 Licensing. All contracted
arboricultural work or services performed by businesses advertising or
soliciting performance of services on trees within the City, whether public or
private, shall obtain a city business license from the city prior to performing
any work. (Ord. 3043, 1997; Ord. 2807
§8, 1992).
12.32.090 Landscaping required for new developments. Trees shall be a
part of the landscaping for all new residential developments and new commercial
developments and will be consistent with city zoning ordinance. All tree plans shall be evaluated by the
Office of Community Development and the Parks Department as part of the
development review.
(Ord. 3043,
1997; Ord. 2807 §9, 1992).
12.32.095 Tree Requirements for Public Trees. Tree planting minimum requirements for
rights-of-way and city owned parcels are detailed in the City of Missoula,
Parks and Recreation Design Manual.
12.32.100 Public
utilities.
Public Utility work affecting woody vegetation within public areas
should be limited to the actual necessities of the services of the company and
all work should be done in a neat and professional manner consistent with
National Arborist Association and International Society of Arboricultural
standards on tree maintenance. The City
Parks and Recreation Department shall be notified before work is performed and
reserves the right to inspect work after completion. (Ord. 3043, 1997; Ord. 2807 §10, 1992) .
12.32.110 Vandalism
or damage to woody vegetation.
It is unlawful for any person to abuse, injure, mutilate, destroy, or
kill any tree, shrub or plant growing in the public right-of-way or to permit
any animal under his control to do so.
Unlawful conduct shall include but not be limited to permitting any fire
to injure any portion of any tree or shrub; permitting any toxic chemical to
seep, drain, or be emptied on or around any woody vegetation; permitting the
storage of any stone, brick, sand concrete or other materials which may impede
the free passage of water, air and fertilizer to the roots of any tree or shrub
growing herein; permitting any wire charged with electricity to come in contact
with any tree or shrub, located within any public area, or any general
destruction or mutilation by whatever means.
The party responsible for any such act shall bear the cost of repairing
or replacing the tree or vegetation pursuant to the determination of the City
Parks and Recreation Department. (Ord.
3043, 1997; Ord. 2807 §11, 1992).
12.32.120 Providing
barriers during construction.
Adequate barriers will be placed around trees growing in the public
right-of-way to protect the trunk and limbs from damage due to construction
work. Excavation taking place within the
“tree preservation zone” of any tree growing in the public right-of-way will
require a permit from Development Services staff and the City Parks
Department. The City Parks and
Recreation Department will inspect all such excavations to ensure minimum
damage to tree roots. When trees are
damaged severely, as determined by the Parks Department, due to excavation or
construction, the abutting property owner shall be responsible for planting a
new tree pursuant to the City Parks Department specifications, except where
contractor negligence damaged the tree in which case the contractor shall be
responsible for repairing or replacement of the tree. (Ord. 3492, 2013; Ord. 3043, 1997; Ord. 2807
§12, 1992).
12. 32.130 Attaching ropes, wires or handbills to trees in
a public place.
It shall be a violation of this chapter to attach or place any rope,
cable or wire (other than one used to support a young or broken tree or to
support a weak crotch within the tree), nail or otherwise place any sign,
poster, handbill or other thing to any tree growing in a public place, except
in emergencies such as accidents and storms.
(Ord. 3043, 1997; Ord. 2807 §13, 1992).
12.32.140 Tree topping. It shall be
unlawful, as a normal practice for any person, tree service business, city
department or any other private or public entity to top any street tree, park
tree or other tree located in a public area.
Trees severely damaged by storms or other obstructions where other
pruning practices are impractical may be exempted from this ordinance at the
determination of the conservation committee.
(Ord. 3043, 1997; Ord. 2807 §14, 1992).
12.32.150
Declaration of hazard.
A. Any woody vegetation, whether on public or
private property, of whatever nature, which is endangering or which in any way
may endanger the public health, safety, security or usefulness of any public
street, public utility line or sidewalk is hereby declared to be a public
hazard and may be treated by the City Parks and Recreation Departments. If the City Parks and Recreation Department
determines with reasonable certainty, upon inspection, that any woody
vegetation or any part thereof, located on private property, that encroaches
into the public right-of-way or renders it dangerous for passage, it shall
notify in writing the owner or tenant in charge of the premises. If the owner or tenant in charge of the
premise where the hazard is located, is unable to comply with the terms of the
written notice, the City Parks and Recreation Department will work with the
property owner where the hazard is located to cause the treatment or removal of
the hazard woody vegetation. The private
property owner shall be responsible for any liability arising out of injury,
damage, or death caused by the dangerous condition existing on the private
property. The city shall not be liable
for any injury, damage, or death caused by the said hazard or dangerous
condition on private property. (Ord. 3043, 1997; Ord. 2807 §15, 1992).
12.32.160 Tree
planting, maintenance and removal. All trees and/or shrubs in any public area
shall be planted, removed maintained and protected according to the provisions
of the arboricultural standards, specifications and guidelines shall include
sections on planting, maintenance, removals and a desirable species list, and
will be reviewed annually by the conservation committee and city council. (Ord. 3043, 1997; Ord. 2807 §16, 1992).
12.32.170
Interference with city parks and recreation department. No person shall obstruct, hinder, prevent,
delay or interfere with the City Parks and Recreation Department in the
execution or enforcement of this chapter.
(Ord. 3043, 1997; Ord. 2807 §17, 1992).
12.32.180 Appeal
from order of city parks and recreation department.
Any decision of
the City Parks and Recreation Department must be appealed within fifteen (15)
calendar days after notice is given to the property owner (Ord. 3043, 1997;
Ord. 3034, 1997; Ord. 2807 §18, 1992).
12.32.190 Penalties. No imprisonment
shall be imposed for a violation of this chapter. The only penalty shall be a fine of up to
five hundred dollars ($500.00) for each separate offense, each day during which
any violation of the provisions of this ordinance shall occur or continue shall
be a separate offense.
A. Upon conviction as part of the sentence
imposed in addition to the penalty set forth in Subsection (a) above, any
person who removes, damages, or destroys a tree, shrub, or other plant located
on city-owned property in violation of the provisions of this Article shall pay
a sum of money equal to either the cost of its replacement or the diminishment
in its value. The replacement value of
trees and shrubs shall be determined in accordance with the latest revision of Guide to Tree and Plant Appraisal, as
published by the International Society of Arboriculture. (Ord. 3043, 1997; Ord.
3034, 1997; Ord. 2807 §19, 1992).
12.32.200 Tree
Appendix.
An appendix outlining operational standards, procedures, desirable tree
lists and other regulations pertaining to the operation of the City Forestry
program as well as the operation of “for profit” private companies accompanies
the enactment of this ordinance. The
appendix is available in the City Clerks office and
at the Parks and Recreation Department. (Ord. 3043, 1997)
12.32.210 Severability. If any section,
subsection, sentence, clause, phrase or word of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this ordinance. The Council hereby declares that it would
have passed this ordinance and each section, subsection, sentence, clause,
phrase, and words thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or words have been declared
invalid or unconstitutional, and if for any reason this ordinance should be
declared invalid or unconstitutional, then the remaining ordinance provisions
will be in full force and effect. (Ord.
3043, 1997)
POLES AND WIRES
Sections:
12.36.010 Prohibited over paved streets—Underground
conduits‑‑Removal.
12.36.020 Construction of telephone and telegraph lines‑‑Notice
required.
12.36.030 Construction of telephone and telegraph lines‑‑Map
requirement.
12.36.060 Construction of conduits, manholes and
laterals.
12.36.070 Overhead wires‑‑Insulation and
supports.
12.36.080 Overhead wires‑‑Joints, flux and
wrapping.
12.36.090 Overhead wires‑‑Location
generally.
12.36.100 Overhead wires‑‑Separation and
glass insulators.
12.36.110 Overhead wires‑‑Specifications
for entering buildings.
12.36.120 Outside service wires.
12.36.130
Stringing wires from poles to buildings.
12.36.140 Location of outside conductors and cable‑Supports‑‑Support
structures on roofs.
12.36.150 Transformers and secondaries grounding
requirement.
12.36.160 Insulation of guy wires.
12.36.170 Electric light or power wires‑‑Not
to cross fire alarm wires.
12.36.190 Electric light or power wires‑‑Procedure
in event of interference with fire alarm wires.
12.36.200 Disposition of dead wires and unused poles ‑‑Removal
notice.
12.36.010 Prohibited over paved streets‑‑Underground
conduits‑‑Removal. No poles shall be placed on paved
streets and no wires shall be placed along such streets above the ground, but
the same shall be placed in underground conduits on the street. In the event that the city shall hereafter determine to pave
any street upon which poles have been erected in accordance with the provisions
of this chapter, the city council may require the removal of such poles and
that the wires strung thereon be placed in underground conduits, at the
utility owners’ expense.
(Ord. 3709,
2023; Prior code §28‑110).
12.36.020
Construction of telephone and telegraph lines‑‑Notice
required. Any person desiring and intending to
construct and maintain a line of telegraph or telephone within the city shall
file with the city clerk of the city a written notice of such desire or
intention. (Prior code §28‑111).
12.36.030 Construction of telephone and telegraph lines‑‑Map
requirement. Upon the filing of any such notice the
city council shall, at its first regular meeting thereafter, instruct the city engineer
to designate the places upon and along the streets, avenues and alleys of the
city where poles may be located; thereafter, upon the presentation to and
filing with the city engineer of a plat or map showing the proposed line or
route of such telegraph or telephone line, the city engineer shall immediately
designate upon such map or plat the place or places upon and along the streets,
avenues or alleys where poles may be located and erected, which designation
shall be subject to and in conformity with the provisions of this chapter.
(Prior code §28‑112).
12.36.040 Location
of poles. Poles shall be located on streets and
avenues immediately inside of the curbs and on the line dividing the lots one
from the other so far as practicable. Poles shall be placed in the alleys as
near the sides thereof as practicable, and in such manner as to occasion no
unreasonable inconvenience to the public or to adjoining property owners. In no
case shall poles be placed. so as to interfere with
any sewer or any part of the drainage system of the city, or with any gas or
water main or pipe. Nor shall any poles be placed so as to
interfere with free access to the entrance or exits of any building or
buildings, yard or grounds. (Prior code §28‑125).
12.36.050 Location
of wires. All wires, except service wires, shall
be placed not less than twenty‑five feet above the ground, and no wires
shall be placed so as to interfere with the proper and
successful operation of the wires of any person. (Prior code §28‑126).
12.36.060
Construction of conduits, manholes and laterals. The conduits, manholes and laterals necessary for the
maintenance and operation of underground wires shall be constructed under the
supervision of the city engineer, and shall be so
located and constructed as not to interfere with any sewer, gas or water main
or pipe. (Prior code §28‑127).
I
12.36.070 Overhead
wires‑‑Insulation and supports. All outside overhead electric light and power wires must
be covered with some material of high insulating power and not easily abraded;
they must be firmly secured to properly insulated and substantially built
supports; and all such wires must have an insulation equal to that of
conducting wires. (Prior code §28‑113).
12.36.080 Overhead wires‑‑Joints, flux and
wrapping. All joints in wires must be so made
that a perfectly secure and unvarying connection fully equal to the cross
section of the conducting wire will be secured, and they must be soldered.
Nothing but an acid solution shall be used as a flux, and any excess must be
washed off before the splice is covered. All joints must be securely wrapped
with tape approved by the city electrician. (Prior code §28‑114).
12.36.090 Overhead
wires‑‑Location generally. Care
must be taken that the outside conducting wires are not placed in such a
position that it would be easy for water or any liquid to form cross
connections between them, and they should not approach each other nearer than
one foot. The wires must never be allowed to come in contact
with any substance other than their supports. (Prior code §28‑115).
12.36.100 Overhead
wires‑‑Separation and glass insulators.
Outside overhead wires from the main circuit or pole in the street or alley to
the terminal insulators attached to the building, and at the point where they
enter the building must not be less than twelve inches apart. They must be
rigidly and neatly run and supported by glass insulators. (Prior code §28‑116).
12.36.110 Overhead
wires‑‑Specifications for entering buildings. For entering buildings, wires must be protected by a
continuous covering of hard rubber or glass, and such covering must project at
least two inches on each side of the wall. The wires must loop down so that the
water may drip off without entering the building, and
the holes through which they enter must, where possible, slant upward from the
outside. (Prior code §28‑117).
12.36.120 Outside
service wires. Outside service wires must come in contact with nothing save air and their insulating
supports. (Prior code §28‑118).
12.36.130 Stringing
wires from poles to buildings. Every person stringing any wire or
wires from poles erected in any street or alley in the city to any building in
the city shall string the wire or wires so that the wire or wires shall first
connect with the buildings at the top thereof. (Prior code §28‑128).
12.36.140 Location
of outside conductors and cable--Supports‑‑Support structures on
roofs. All outside conducting wires, cables
or conductors carrying electric current for light, heat or power and all other
wires within the city and carried over buildings in the city must be at least
seven feet above the highest point of flat roofs and three feet above the ridge
of pitched roofs, and supported in a substantial
manner so as to prevent the wires from sagging on roofs. All structures placed
upon roofs for the support of wires, cables or conductors shall be placed,
constructed and maintained in a manner satisfactory to the city electrician.
(Prior code §28‑129).
12.36.150
Transformers and secondaries rounding requirement.
Transformers and secondaries of alternating current distributing systems must
be grounded. Two‑wire current systems having no accessible neutral point
are not to be grounded. (Prior code §28‑123).
12.36.160 Insulation
of guy wires. All guy wires for supporting or guying
poles carrying electric light and power wires, and telephone, telegraph or
other wires, must be insulated from electrical connection with the ground by an
approved strain insulation or insulators inserted in the guy wire. (Prior code
§28‑124).
12.36.170 Electric
light or power wires‑‑Not to cross
fire alarm wires.
Whenever it is necessary for any electric light or power wire to approach or
cross the line of any fire alarm, police telegraph, telegraph or telephone
wire, the same shall not approach to or cross either of such wires at a
distance of less than four feet either above or below the fire alarm, police
telegraph, telegraph or telephone wires, and shall be securely fastened on
supports placed as near as practicable to the fire alarm or other wire, or
shall be carried in troughs or boxes across the route of such fire alarm or
other wire, so constructed and placed as to prevent the electric light or power
wire and telegraph, fire alarm or telephone lines coming in direct contact in
case either should break or become detached from fixtures. (Prior code §28‑119).
12.36.180 Electric
light or power wires‑‑Not to interfere by contact or induction
with fire alarm wires.
No wires used on conductors for electric lighting or power purposes or carrying
other strong currents of electricity shall be erected, placed or maintained so
as to interfere by contact, induction or otherwise with the successful
operation of any fire alarm, police telegraph, telegraph or telephone wire,
circuit or instrument, nor shall the same be constructed or maintained on the
same side of the street where any fire alarm, police telegraph or telephone
wire, circuit or instrument is placed or situated. (Prior code §28‑120).
12.36.190 Electric
light or power wires‑‑Procedure in event of interference with fire
alarm wires. Whenever any wire used as a conductor
for electric lighting or power purposes, or carrying a strong current of
electricity, shall be so erected, placed or maintained as to violate any of the
provisions of this chapter, or so as to interfere by contact, induction or
otherwise with the successful operation of any fire alarm, police telegraph,
telegraph or telephone wire, circuit or instrument, the city electrician or any
person owning or entitled to the use of any such fire alarm, police telegraph,
telegraph or telephone wire, circuit or instrument may serve upon the person
or his manager, agent or officer operating any such wires used for electric
lighting or power purposes, or carrying other strong current of electricity, a
written notice stating the manner and place where such wires are so erected,
placed and maintained; and upon receipt of such notice it shall be the duty of
such person, agent or officer so served to remove all such wires specified in
such notice, which are erected, placed or maintained in violation of the
provisions of this chapter. In case they fail to do so, the same may be removed
by the order of the chief of police at their expense. (Prior code §28‑121).
12.36.200
Disposition of dead wires and unused poles--Removal notice. It shall be the duty of the city electrician
to cause all
dead wires, unused poles or electric apparatus on the outside of buildings, or
in streets or alleys, to
be removed at
the expense of the owner of such wires, poles or apparatus, by giving the owner
or his agent ten days
written notice.
If the owner or his agent fails or neglects to remove the same after the notice
has been given, such
owner or his
agent shall be subject to a penalty of ten dollars for each
and every day such wires, poles or apparatus
are permitted
to remain up. (Prior code §28‑122).
CITY PARKS
Sections:
12.40.010
Parks, Trails, Conservation Lands -- Closed hours.
12.40.020
Parks, Trails, Conservation Lands – operation and parking of motorized
vehicles.
12.40.035
Parks, Trails, Conservation Lands – Public Safety.
12.40.040
Alcoholic Beverages in City Parks.
12.40.057 Alcohol Beverage Permit
12.40.065 Prohibited Conduct at City of
Missoula parks, trails, and conservation lands.
12.40.080 Enforcement
and Penalties.
12.40.005
Purpose.
. It is the purpose of this
chapter to encourage and enhance the public’s recreational experience and use
of City owned public parks, trails, and conservation lands within the City;
while at the same time establishing reasonable restrictions and limitations
intended to preserve and protect these lands and the people using these lands
as well as the native vegetation on some of these lands and the wildlife that
live in or use these lands and to allow the public’s shared multi-purpose use
of these lands to be a more satisfying and pleasurable recreational
experience. Many of these lands will
also be administered and managed pursuant to City adopted land management
plans. (Ord. 3641, 2019; Ord. 2999,
1996)
12.40.007
Definitions.
The following definitions shall be
applicable to the provisions of this chapter:
Authorized Persons shall mean City
employees acting within the course and scope of their employment as well as
individuals authorized by the Mayor, City Police or Fire Chief or Parks and
Recreation Department Director or their designee and employees of the County
Sheriff, Montana Fish, Wildlife and Parks and State Department of Natural
Resources and Conservation and United States Department of Agriculture and of
public utilities responding to an emergency.
Conservation Lands are public lands that
exist in a primarily natural state. They support wildlife and native plants and
may also serve to store flood water and recharge our aquifer. Conservation
Lands also may support secondary uses such as developed recreation and
education areas and related facilities, where such activities are compatible.
Motorized Vehicle means a vehicle
propelled by internal combustion or electric motor, including but not limited to: automobiles, motorized bicycles, scooters and
skateboards; motorcycles; utility terrain or utility task vehicles (UTVs); and
all-terrain vehicles (ATV).
Park Lands are public lands dedicated
for park and recreation use. These lands are often, but not always developed
with recreational facilities and landscaping. They also may have natural values
and functions.
Primary Commuter Trails are trails with
the primary management goal being to move commuters through the City, along
with the benefits of supporting recreation activities. They include the
Northside Greenway, the Bitterroot Trail, Ron’s River Trail, the Milwaukee
Trail, Grant Creek Trail, Rattlesnake-University Connection (RUX), and other
trails and connectors as shown in Exhibit
A, and any trail officially designated
and posted as a Primary Commuter Trail.
Trails
are paved or unpaved paths that serve as connectors, recreation areas, and
fitness loops for walking, hiking, biking, horseback riding and other
activities which allow one to move from one point to another for purposes of
travel, fitness, recreation, and access.
Trails may be multi-use or single-use. (Ord.
3641, 2019)
12.40.010 Parks, Trails, Conservation Lands -- Closed
hours.
A.
Unless otherwise posted or authorized, all city owned or city managed
public parks, trails, and conservation lands shall be closed to all but city
authorized persons between the hours of eleven p.m. and six a.m. each day, with the exception of designated Primary Commuter Trails,
which shall be open to use 24 hours per day.
B. Repealed
C. It is
unlawful for anyone other than authorized persons to be in any city owned
public park, trail, or conservation land if the area has been temporarily
closed for fire danger, seasonal closure on behalf of wildlife, erosion
control, seeding or other land rehabilitations activity, tree trimming or
cutting, public safety, or any other reason deemed necessary for temporary
closure purposes by the city pursuant to land management plans or
otherwise.
(Ord.
3747, 2024; Ord. 3641, 2019; Ord. 2999, 1996; Ord. 2859 §1, 1993; Ord. 2844 §1,
1993; prior code §21‑16.1).
12.40.020 Parks, Trails, Conservation Lands – operation
and parking of motorized vehicles.
A. It is unlawful for any
person or persons to operate or park any motorized vehicle as defined in
Section 12.40.007 within any city owned public park, trail or conservation land
under the supervision and management of the city unless otherwise specifically
provided for in this section; with the following exceptions:
1.
Motorized
vehicles may only be operated or parked in designated parking lanes, parking
areas, and parking lots within City parks and open space trailheads for the
purpose of park and trail use, and shall comply with posted time limits, and
2. Class 1 and class 2
electrically assisted bicycles, as defined in Section 10.02.094 MMC, may be
operated upon Primary Commuter Trails.
B. This section shall not
be construed to prohibit vehicles operated by Authorized Persons from use of
any park, trail, or conservation land; nor shall it be construed to limit the
right of individuals with disabilities from using other mechanical or electrical powered mobility devices (also known as other
power-driven mobility devices, or OPDMDs, as further defined by federal law) as
allowed by the Americans with Disabilities Act. Employees of public utilities
acting in the scope and course of their employment may operate vehicles in
parks, trails and conservations lands pursuant to applicable easement terms;
where the easement is silent regarding notice, such public utilities must give
at least 72 hours advance notice to the City Parks and Recreation Department Director
or their designee.
(Ord. 3650, 2019; Ord. 3641, 2019; Ord. 2999,
1996; Prior code §21‑16.2).
(Ord. 3641, 2019; Ord. 2999, 1996; Ord. 2859
§2, 1993; prior code §21‑16.3).
12.40.035 Parks, Trails, Conservation
Lands – Public Safety.
A.
Trail Safety. The Parks and
Recreation Board or the Parks and Recreation Director may establish
administrative operating rules and polices applicable to any City trail. The Missoula City Council hereby declares
that it is unlawful for any person to engage in any of the following conduct on
a City trail:
1. Travelling on trails in
excess of any posted speed limit, or failing to travel
in a careful and prudent manner and at a reduced rate of speed no greater than
is reasonable and prudent under the conditions existing, taking into account
the amount and character of traffic, other trail users’ safety, visibility, weather,
and trail conditions.
2. Operating a bicycle or scooter and failing to yield the right-of-way to
any pedestrian, horseback rider, or failing to give an audible warning before
overtaking and passing such a pedestrian, horseback rider, or another cyclist. The audible warning may be given by the voice
or by a bell or other lawful device capable of giving an audible signal to the
person or persons being overtaken and passed.
B.
City of Missoula Skatepark Safety. The City Parks and Recreation Board or the City
Parks and Recreation Director may establish administrative operating rules and
polices applicable to any City skatepark.
The Missoula City Council hereby declares that it is unlawful for any
person to engage in any of the following conduct within any City skatepark:
1.
If
under the age of 18, skateboarding, inline skating, or scooter riding on
skateable surfaces without wearing a properly fastened helmet that is
specifically sold as a helmet for skateboarding or inline skating. Helmets are
strongly recommended for all users.
2. Skateboarding, inline
skating, and use of non-motorized scooters or otherwise being present on the
skateable surfaces during any hours when posted signs indicate that such
skatepark is closed and usage is not allowed.
3. Using bicycles or
motorized vehicles on the skateable surfaces within the skatepark area.
4. Placing or using ramps,
tables, benches or other objects not constructed as an integral part of the
skatepark within the skateable surface areas.
5. Skating, scootering, or
attempting to skate on the skateable surface areas during rain, sleet, or snowy
conditions or when the surface of the skatepark is wet, snowy, or icy.
6. Using alcohol, tobacco, including vaping and e-cigarettes, or
unlawful drugs within any part of the skatepark area.
7.
Allowing
or possessing any animals within the skatepark skate area.
8. Littering or defacing
features, including placing stickers or graffiti, within the skatepark complex.
9.
Possessing
any glass or ceramic container while on the skatepark skateable surface areas.
C.
Bike Park Safety. The Parks and
Recreation Board or the Parks and Recreation Director may establish
administrative operating rules and polices applicable to any City bike
park. The Missoula City Council hereby
declares that it is unlawful for any person to engage in any of the following
conduct within any City bike park:
1. Being present in the bike park after dusk or after 10p.m., whichever is
earlier.
2. If under the age of 18,
riding without wearing a
properly fastened helmet that is specifically sold as a helmet for bicycling.
Helmets are strongly recommended for all users.
3. Riding on park features, turf, or trails when they are wet, icy, or
slippery.
4. Altering the course or adding features or other obstacles.
5. Using alcohol, tobacco, including vaping and e-cigarettes, or
unlawful drugs within any part of the bike park area.
6. Allowing or possessing
any animals within the bike course skills area.
7. Littering within the
bike park complex.
8. Possessing any glass or
ceramic container.
D.
Hunting
Pursuant to Block Management.
1. Hunting
is not permitted in any city park, trail, or conservation land except when
specifically designated in partnership with MT Fish, Wildlife and Parks as a
Block Management area for limited archery access.
E.
Trapping on City Parks, Trails, Conservation
Lands
1. Trapping, including the
use of any body-gripping trap or snare, is not permitted in any city park,
trail, or conservation land, except for management as authorized by the Parks
and Recreation Director, or their designee. (Ord. 3671, 2020; Ord. 3641, 2019)
12.40.040 Alcoholic beverages in parks.
A. Consumption of
alcoholic beverages is permitted, with restrictions and requirements, in some
City Parks.
1. Unless
otherwise authorized by the Parks and Recreation Director or designee,
consumption of alcoholic beverages is permitted only during the hours from
eleven a.m. to eleven p.m. It shall be
unlawful to possess alcoholic beverages in any city park, open space or trail
area between the hours of eleven p.m. and eleven a.m. with
the exception of Primary Commuter Trails, which allows for
transportation of alcoholic beverages only.
2. Glass
containers are not allowed; except as authorized by Section 12.40.057, Missoula
Municipal Code.
3. Alcoholic
beverage means a compound produced and sold for human consumption as a drink
that contains more than 0.5% of alcohol by volume. The terms beer, wine, and hard cider are used
as defined in § 16-1-106, Montana Code Annotated.
B. It is unlawful for any
individual or group of individuals to possess alcoholic beverages of any kind
in the follow parks, open space, or trail areas: (1) Greenough including adjoining Alvina Park; (2)
Jacobs Island Park; (3) Clark Fork Natural Area; (4) Downtown Lions Park (5)
Hellgate Park (6) Kim Williams Natural Area; (7) Ben Hughes Park; (8) West
Broadway Island Park; (9) City skate parks and bike parks; (10) any Primary
Commuter Trail, including over/under or at grade crossings, pedestrian bridges
and tunnels, except that possession of unopened alcoholic beverages for the
purposes of transport is authorized; (11) any park, open space, or trail area
that serves primarily as a wetlands, or does not have public restrooms
available within the specific park, open space, or trail area; (12)
school-partnership parks lands, including Toole Park, Westside Park,
Rattlesnake (PEAS) Farm and Playing Field; (13) at, in, upon, or within any
children’s playground or spray deck, or within any playing field or dugout during
a game or practice, (13) any parking lot within or serving a trailhead for
conservation lands or trails, or a park, unless expressly authorized by the
Parks and Recreation Director or designee, and (14) any park, trail, or open
space posted as alcohol free or alcohol-prohibited or officially designated as
being alcohol-free in the attached Exhibit B.
C.
For persons who pursuant to Montana law are
legally old enough to consume and possess alcoholic beverages, such beverages
are allowed to be possessed and consumed in certain parks and conservations
lands as authorized and provided below.
See Missoula Municipal Code sections 12.40.040 A and B and 12.40.057 for
requirements and limitations. See Exhibit B for a listing of
locations, allowances, permit types.
1) In
McCormick Park, McCormick Park Recreation Building/aquatics facility, Caras and East Parks, Bess Reed, BN/Circle
Square, Kiwanis Park, Memorial Rose Garden Park, Playfair Park, Silver Park,
and Fort Missoula Regional Park the possession or consumption of beer, wine,
and hard cider by an individual or group is allowed only pursuant to a permit
obtained from the City Parks and Recreation Department pursuant to section
12.40.057, Missoula Municipal Code. Possession of alcoholic beverages in any of
the parks listed in this subsection without a permit is unlawful, except that
unopened alcoholic beverages may be transported through these parks lawfully
and without a permit.
2) Possession and consumption of beer, wine and hard
cider is allowed for individuals or small groups of six or less without permit,
or for groups of seven or more with a permit, in parks not listed in subsection
B or C.1 above where a restroom or portable toilet is provided and is
available, see Exhibit B for a list of parks where possession and consumption
of beer, wine, and hard cider is allowed pursuant to this section.
3) It
is unlawful for any individual or group of individuals to possess an alcoholic
beverage for the purpose of consumption upon City Conservation Lands; with the
exception that the
possession and consumption of beer, wine, and hard cider is allowed for
individuals or groups of four or less on City Conservation Trails and Overlooks
if they are at least 100 yards away from any parking area, street right-of-way,
trailhead, private property, wetland, stream or creek.
4) With the exception of beer, wine, and hard
cider, possession or consumption of an alcoholic beverage is not allowed at any
City Park or Conservation Land; however, the City may authorize the possession
and consumption of all alcoholic beverages within the Caras Park Pavilion and
the Fort Missoula Bella Vista Pavilion pursuant to a permit issued under
12.40.057, Missoula Municipal Code.
5) Alcoholic
beverages are allowed at Public Markets where authorized by City Council by
Resolution, subject to the hours and rules listed in the applicable
Resolution.
(Ord. 3641, 2019; Ord. 3136, 2000; Ord. 2955,
1995; Ord. 2461 §1, 1985; Ord. 1825, 1977).
(Ord. 3641, 2019; Ord. 3317, 2006; Ord.
3136, 2000; Ord. 3012, 1996; Ord. 2999, 1996; Ord. 2955, 1995; Ord. 2859 §3,
1993).
12.40.055 (Repealed)
(Ord. 3641, 2019; Ord. 3317 §2, 2006)
12.40.057 Alcohol Beverage Permit.
A. The
permits required by the provisions of 12.40.040, Missoula Municipal Code, shall
comply with the conditions and requirements of this Section. A permit issued by the Parks and Recreation
Director or designee pursuant to this Section may extend the hours where
possession of alcoholic beverages in City parks is authorized.
B. All
permits pertaining to possession of alcohol in any City park shall be subject
to the following conditions:
1. Permit
fees and deposits shall be established by the City Council pursuant to
resolution establishing City park and recreation fees.
2.
Any permit fee and/or deposit
must be paid prior to alcohol being consumed
in any City park.
3.
No glass alcohol beverage
containers shall be allowed within any
Parks, Trails or Conservation Lands, except that state licensed caterers and
distributors may possess glass beverage containers for the purpose of pouring
into a non-glass consumer container.
4.
City park users must clean up the
park or area to a state at least as clean as when they arrived
and any permit holder shall be solely responsible for the immediate and timely
picking up and removal or proper disposal of garbage at the location where the
permittee is present within any city park, open space or trail area.
5.
The individual or group of
individuals in whose name the permit is issued shall be responsible for having
the permit present at the site, informing and supervising others with respect
to the compliance with state and local law, the safety, sobriety, conduct
and behavior of each member of the group as well as cleaning up the park
area prior to, during or immediately at the conclusion of the permit's
authorized time period for possessing alcohol in the park, open space or trail
area. (Ord. 3641, 2019; Ord. 3136, 2000;
Ord. 2955, 1995; Ord. 2461 §1, 1985; Ord. 1825, 1977).
12.40.060
(Repealed) (Ord. 3641, 2019; Ord.
3136, 2000)
12.40.065 Prohibited Conduct at City of Missoula parks, trails, and conservation lands.
A.
Unless
used by Authorized Persons with the authorization of the Director of the City
Parks and Recreation Department, the following activities are prohibited in any
Missoula city park, trail, or conservation lands, without express written
permission of Parks and Recreation Director or his or her designee. The City
Parks and Recreation Board or City Parks and Recreation Director may establish
administrative operating rules and policies in addition to the prohibitions set
forth herein.
1.
With the exception of vehicles, leaving
personal property unattended (outside of visual sight) Unattended items will be removed from play
areas, doorways, pathways, spray decks, pools and placed in Parks and
Recreation lost and found for 5 days.
Unattended vehicles are subject to removal after 5 days pursuant to
Section 61-12-401 MCA;
2.
Discharging
any bow, crossbow or other similar device which is calculated to propel or
project an arrow or dart, unless the City designates an area as a public
archery range or within a designated hunting area managed through FWP’s block
management program;
3.
Flying
or launching powered model airplanes, rockets, drones, or other unmanned aerial
systems except as authorized by permit;
4.
Launching
or driving golf balls;
5.
Cutting
or sawing any live or dead trees or woody vegetation or their parts with any
type of equipment, power or otherwise or remove any live or dead trees except
by written permission of the Parks and Recreation Director or his or her
designee in accordance with Chapter 12.32;
6.
No
signs, notices, decorations or objects of any kind shall be attached to,
located on or painted on any part of park property; except as authorized by
Parks and Recreation through an approved permit;
7.
Installing
inflatable structures; except as authorized by Parks and Recreation through an approved
permit and only from a vendor who holds an Inflatable Structures Vendor
Agreement with the Parks and Recreation Department;
8.
Conducting
or soliciting of any business, trade or occupation, private or nonprofit,
including yard or garage sales, except as authorized by Parks and Recreation
through an approved permit;
9.
Enclosing
any area, erecting any structure, or encroaching in any way onto any Park
Lands;
10. Planting of vegetation
or causing vegetation to be planted except by written permission of the Parks
and Recreation Director or his or her designee in accordance with Chapter
12.32;
11.
Digging
into the surface of park property;
12.
Defacing,
destroying, damaging, misusing or removing any park property;
13.
Interfering
with or purposefully tampering, hindering or impeding with any City employee
acting in the course of his or her official duties;
14.
Possessing
and discharging any fireworks or explosives on park property;
15.
Depositing,
leaving or spilling refuse or other substances other than in receptacles
provided for this purpose;
16.
Depositing
refuse from private premises in park property trash receptacles;
17.
Possessing
a glass beverage container at any sports field, aquatic facility, natural pond,
dog park, or playground facility;
18.
Purposely
throwing, tossing or otherwise propelling or breaking any glass object on park
property, parking area or access road leading to park property, except that
unintentional breaking of glass shall not be a violation if the broken glass is
subsequently cleaned up by the party responsible for breaking the glass;
19.
Urinating
or defecating other than in the designated facilities provided;
20.
Violating
any of the regulations that are posted at individual recreation centers or
Parks facilities;
21.
Utilizing
a playing field or trail which has been posted as closed for weather, repairs,
or safety,;
22.
Camping
or overnight parking subject to other Missoula Municipal Code provisions
authorizing overnight parking or camping in certain circumstances;
23.
Unauthorized
changes to trails, signage, structures, or vegetation, including unauthorized
picking, trimming, or extraction of material from any
tree, bush or other vegetation;
24.
Open
burning; and
25.
Discharge
of any firearm or projectile weapon or explosive of any kind, including but not
limited to BB guns, pellet guns, air guns, paint ball guns, slingshots or other
devices capable of causing injury to person or animals or damage or destruction
to property.
26.
Impeding
travel or blocking any trail, unless specifically authorized by the Parks and
Recreation Director or designee.
27.
Travelling
off, or leaving the trail on any conservation lands, unless specifically
authorized by the Parks and Recreation Director or designee.
28. Moving, removing, purposefully blocking, tampering with, or altering in
any way any surveillance camera or safety equipment.
29. Amplified sound is prohibited in parks with the
exceptions below and further defined in Exhibit C.
a. Small impromptu gatherings of 6 or fewer park users amplifying sound are
required to adhere to restrictions set forth in Exhibit C designated as Type 2 community parks and Type 3
neighborhood parks.
b. A fee based amplified sound permit is required for large events of 7 or
more park users as set forth in Exhibit C designated as Type 1 community parks and Type 4
neighborhood parks
c.
Amplified sound is
defined as any powered sound device with a volume control.
B.
A
person engaging in any prohibited activity may be asked to leave City Parks and
Recreation property or cease prohibited activities by any enforcement personnel
identified in Section 12.40.080 A. and will be subject to the penalties set
forth in 12.40.080 B.
(Ord. 3685, 2021; Ord. 3641, 2019)
(Ord.
3641, 2019; Ord. 3316, 2006)
12.40.080
Enforcement and Penalties.
A. Enforcement
shall be the responsibility of the Parks and Recreation Director or his or her designee, and shall include Parks and Recreation staff and other
City employees acting within their official duties, including the Missoula
Police Department or the City-County Health Department.
B. A
person convicted of any violation of a provision of this chapter may be
punished by a fine of not less than $25 and not more than five hundred
($500.00) dollars, and;
C. Where
the activity causes damage, including injury to or death of a pet due to an
illegally placed trap, the cost to repair, restore, or mitigate the damage or
injury shall be included in the sentencing order in addition to any fine
imposed. Incarceration in a detention
center shall not be a penalty for a violation of this chapter. City police
officers are expressly authorized to cite and release violators of this
Chapter.
D. All
enforcement personnel referenced in Subsection 12.40.080A shall be authorized
to:
1.
Confiscate
and dispose of alcohol found on persons in violation of these provisions; and
2.
Spring,
release or confiscate animal traps or any animal body-gripping trap or snare,
found within City Parks, Trails or Conservation Lands. Found or confiscated traps will be reported
and turned over to law enforcement for appropriate disposition.
(Ord. 3671, 2020; Ord. 3641, 2019; Ord. 3136,
2000)
DISPOSITION OF CITY PARK
PROPERTY
Sections:
12.41.010 Sale or Transfer of Park Property.
12.41.005 Purpose. The purposes of this chapter are as
follows:
A. To implement the policies and goals with
respect to non-conforming parklands as stated in the 2004 Master Parks &
Recreation Plan for the Greater Missoula Area (hereinafter “Master Parks
Plan”);
B. To establish procedures for the sale or
transfer of non-conforming parkland that in part supersede and supplement MCA
7-8-4201(2); and
C. To establish how the funds from the sale
of non-conforming parkland can be used. (Ord. 3270, 2004)
12.41.010 Sale or Transfer of Park Property.
A. The City Council may sell or transfer land or
an interest in land that the City owns as a public park, including any
improvements on the property, subject to the following provisions:
1.
Park Board Review. Before any
sale or transfer of parkland is presented to the City Council for approval, it
shall be reviewed by the City Parks & Recreation Board established by
Chapter 2.28. The Board shall forward a
written recommendation to the Council prior to the City Council public hearing
for the sale or transfer of such parkland, which must include documentation of
any previous agreements between the City and any neighborhood organizations or
associations. The Board recommendation
to sell or transfer the parkland shall be based upon an evaluation
matrix adopted by the Board and approved by City Council.
2.
Public Notice and Hearing. The
City shall set a public hearing to allow the public to comment on the City’s
intention to sell or transfer such parkland and give notice of the public
hearing as follows:
(i) Publish notice of the hearing and the City’s intent to
sell or transfer parkland in newspaper of general circulation in the City not
less than thirty (30) calendar days prior to the date of the hearing;
(ii)
Post copies of the notice of the hearing at conspicuous places on the parkland
proposed for sale or transfer at least thirty (30) calendar days prior to the
date of the hearing;
(iii)
Notify by mail all property owners within three hundred (300) feet of the
exterior boundaries of the parkland proposed for sale or transfer and the
neighborhood council and homeowner’s association for the area at least thirty
(30) calendar days prior to the date of the hearing;
3. Resolution. The sale or transfer must be made by a
resolution passed by a majority vote of all the members of the City Council
present and voting.
B.
The proceeds from the sale of parkland shall only be used to acquire public
parkland or improve existing parkland that is located within the community park
service area of the parkland sold per the Master Parks Plan. The City Council may designate a specific
public park that the proceeds will be dedicated to for park improvements within
the community park service area. (Ord. 3270, 2004)
Chapter 12.42
ALCOHOLIC BEVERAGES ON PUBLIC LANDS
Sections:
12.42.030 Requirements of permit.
12.42.040 Criteria for public interest.
12.42.050 Conditions for permit.
12.42.060 Nonapplicable to parklands.
12.42.010 Purpose. It is the purpose of this chapter to establish a procedure
whereby alcoholic beverages can be served on public property in conjunction
with a special event when deemed to be in the public interest by the mayor of
the city if a security deposit or bond for purpose of protecting public land
and public property is provided the city as protection against any damage,
destruction, vandalism and/or litter to public lands or public property. (Ord.
2748 §1, 1990; Ord. 2213 §1, 1981).
12.42.020 Permit
required. Alcoholic beverages may not be served
on public land owned or controlled by the city unless a permit is first
obtained from the mayor of the city. This permit requirement includes any
special event or activity of whatever nature that occurs on city‑owned or
controlled property. (Ord. 2748 §2, 1990; Ord. 2213 §2, 1981).
12.42.030
Requirements of permit.
The application for the permit required herein shall contain the name of the
person or entity requesting the permit, the location of the proposed event, the
permission of the city department head responsible for the public land involved
to utilize the land for the requested function, and the day(s), time(s) and
duration of the event. If the special event or use is on‑going renewal of
permit shall be required every two weeks and be
subject to the mayor's approval. (Ord. 2748 §3, 1990; Ord. 2213 §3, 1981).
12.42.040 Criteria
for public interest. In reviewing the application for a
permit to serve alcoholic beverages on public land, the mayor shall consider
the following factors:
A. Whether the proposed activity contributes to
the cultural, recreational or entertainment opportunities available to the
community;
B. The appropriateness of the public land or
facilities, if any for the proposed use;
C.
Any negative impact on adjacent property
the proposed use might have;
D. What security, crowd control and litter control
measures the applicant will be utilizing for the event or activity;
E. What the hours of the proposed use are and
whether there are any residences nearby that could be disturbed by late night
conduct, noise, and activity;
F. Whether the proposed activity is sponsored in
whole or in part by a public agent or entity; and
G. The mayor is further authorized some discretion
and flexibility for determining the amount of the damage deposit or bond in
Section 12.42.050 of this code in a range from two hundred dollars to one
thousand five hundred dollars in instances where a commercial establishment has
conducted at least two successful special events on public lands with minimal
litter control required by the city and no damage or vandalism occurring to
public property. Whenever the mayor exercises discretion pursuant to this provision
in addition to the criteria identified herein the mayor shall consider the
estimated number of people that will likely be at the special event as well as
the estimated amount of alcohol likely to be available for consumption. The
mayor's determination may be appealed to the city council. (Ord. 2748 §4, 1990;
Ord. 2213 §4, 1981).
12.42.050 Conditions for permit. In no event shall a permit be issued
unless the following conditions are met:
A. The event for which the permit is authorized
is open to, or may be attended by, members of the general
public;
B. A refundable damage deposit of fifty dollars
for a neighborhood residential public land use or one thousand five hundred
dollars has been posted against damage, destruction, vandalism and litter at
or adjacent to the location of the event or activity unless the damage deposit
or a smaller bond is authorized pursuant to Section 12.42.040 of this code. The bond may not be returned until at least
ten calendar days after the conclusion of the event and the mayor may deduct
from any damage deposit or make claim against any bond for any reasonable city
expenses for cleaning up litter and/or repairing or replacing damaged or
destroyed public property or public land. All moneys collected by the city
shall be deposited in the city general fund;
C. Appropriate supervision is provided by the
applicant to insure adequate supervision and security; and
D.
All state liquor control regulations have
been complied with by the applicant, and
all applicable state
permits have
been obtained. (Ord. 2748 §5, 1990; Ord. 2213 §5, 1981).
12.42.060
Nonapplicable to parklands.
This chapter does not apply to the use of alcoholic beverages in city
parklands, which is governed by Section 12.40.040 and 12.40.050 of this code;
but it does apply to special events permits regulated by Chapter 12.58 of this
code. (Ord. 2748 §6, 1990; Ord. 2213 §6, 1981).
Chapter 12.44
CEMETERIES
Sections:
ARTICLE I. CEMETERY
12.44.050
Conveyance of Assignment.
12.44.080 Repealed
12.44.090 Repealed
12.44.110 Grounds regulations.
12.44.120 Interment
arrangements.
12.44.150 Use
of bud vases on niche wall.
12.44.160 Repealed
12.44.180 Missoula City Cemetery Permit for approved
work.
12.44.210 Repealed
12.44.220 Repealed
12.44.240 Mausoleum
Section Established.
12.44.250 Repealed
ARTICLE II. CEMETERY BOARD OF TRUSTEES
12.44.270 Repealed
12.44.300
Conflict of interest.
12.44.310
Powers and duties generally.
12.44.320
Repealed
ARTICLE III. REPEALED
ARTICLE I.
CEMETERY
12.44.010 Established. There is
established the Missoula City Cemetery, to be operated as a cemetery for the
interment of the human dead and for other purposes or acts intrinsic to the
operation of a cemetery or as approved by Missoula City Council. Ownership and
control thereof is assumed by the City of Missoula, and the same shall be
governed, managed and controlled as provided by this chapter. (Ord. 3681, 2021; Ord. 3594, 2017; Ord. 3532,
2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §1, 1994; Ord. 2866 §1,
1993).
12.44.020 Location. The
Missoula City Cemetery shall be composed of that certain tract of City of
Missoula owned land located in the north portion of the city (Section 8, 9, 16,
and 17 Township 13N, Range 19W, Principle Montana Meridian – GPS Coordinates:
TN-13N/RG19W/SEC8/17-9/16), which is owned, controlled, and used by the City of
Missoula for the interment of the human dead, as well as any other uses
authorized by the City of Missoula, together with such other tracts of land as
the City of Missoula may hereafter acquire or designate for such purposes
(Ord. 3710,
2023; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord.
2910 §2, 1994; Ord. 2866 §2, 1993).
12.44.025 Repealed.
(Ord. 3532, 2014; Ord. 3292, 2005.) (Codifier’s note: in 2014 12.44.025 was repealed and recodified
as Chapter 12.44. Part 245.)
A. Register.
It is the duty of the Missoula City Cemetery Superintendent or
designated representative to maintain a register of all interments, disinterments, or memorials conducted in the Missoula City
Cemetery; including name, age, birthplace, date of death, date of interment,
and location. This register must be kept at the Missoula City Cemetery and is
open to public inspection.
B. Sales. It
is the duty of the Missoula City Cemetery Superintendent or designated
representative to maintain a listing of all sales and documents of title/right
to inter certificates issued by the Missoula City Cemetery.
C. Additional Information. The following
additional information relative to interments may be included in the Missoula
City Cemetery register as is available:
1. Personal Data. Last
known address, age, sex, date of birth, marital status, mortuary or crematory
contact, next of kin or personal representative of the estate contact
information, veteran status, and liner or vault usages.
2. Pre-needs.
The Missoula
City Cemetery Superintendent or designated representative is to maintain a
current plat map system depicting all interment locations, names of all
individuals interred in such locations, and names and locations of all pre-paid
graves, niches, mausoleums, or cremation locations pending their use.
3.
Fees. Interment
records are to contain an itemization of all related fees, payer, receipt
number, type of payment tendered, and date paid.
(Ord. 3681, 2021; Ord. 3594, 2017; Ord.
3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §3, 1994; Ord. 2866 §3,
1993) .
A. Fees. The Missoula City Cemetery shall have available in the
cemetery office a listing of all fees regarding the sales of interment or
memorial locations, required liners or vaults, required services, and
additional accessories or services available for purchase. A second interment
fee must be assessed for a second interment to go into a grave. All fees must be fully paid in advance of
use, delivery of good, or initiation of services.
B. Payment. The Missoula City
Cemetery shall follow procedures of receipting and handling of funds as
prescribed by the Missoula City Finance Department.
C. Pre-need. The Missoula City Cemetery may accept payment
for future use items and services as provided in this chapter and as authorized
by the Missoula City Finance Department.
D. Donations.
The Missoula
City Cemetery may donate grave(s) including all interment fees for infants
only. (See Section 12.44.200)
E. Re-Sale / Re-Purchase. Only
the Missoula City Cemetery may re-purchase any unused grave, mausoleum, or
cremation location that the original owner wishes to sell. Third party sales are prohibited. The Missoula City Cemetery shall repurchase
the unused location for the original purchase price. No other re-sale or grave assignments are
allowed unless specifically provided for in this chapter. For re-purchase, the Missoula City Cemetery
shall require the following information be presented as evidence of ownership
to the Missoula City Cemetery:
1. Original Ownership / Assignment Documents.
The original document of ownership or title evidencing the ownership of
the said location issued at the time of sale must accompany the written,
notarized request for the following to use a Missoula City Cemetery grave:
a.
Written grave assignment(s) which are required to be on file at the
Missoula City Cemetery office.
b.
Original “right to inter” document from the original purchaser of the
grave(s) noting grave location.
c. Heirs
must have legal grave assignment documents showing that heirs have a legal
right to the “right to inter” in the grave(s).
2. Will / estate. Heirs must be identified recipients called
out in a will or estate by legal documents in writing that state the grave
assignment(s) to heirs including the following legal documentation:
a.
Original “right to inter” document and/or a conveyance of assignment.
b.
Grave location.
c.
Legal document showing grave assignment(s) in the will or estate for
heirs to use.
d.
If there are no legal documents showing grave assignments, the grave(s)
must remain unused indefinitely.
F. Reclamation. Ownership of grave site lots purchased but
not used automatically revert to the
Missoula City Cemetery 80 years after the later of:
1.
The last interment date that is part of a group purchase of lots; or
2.
The last grave assignment of ownership of a grave site for which the
Missoula City Cemetery has been notified in writing of the assignment.
G. Veterans. Veterans and their spouses are allowed to
purchase up to two graves at a reduced fee for use only by the veteran and/or
spouse purchasing the grave for grave sites in the following areas:
1. Veterans Section. Veteran and spouse only allowed in this
section. Veteran and spouse are required
to have matching military flush markers.
Upright monuments are prohibited.
2. Designated Open Section.
Gravesites are allowed in any designated, plotted, and opened area of
the Missoula City Cemetery. Monuments
must follow the requirements in Section 12.44.170 of this Municipal Code.
(Ord.
3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §4,
1994; Ord. 2866 §4, 1993).
12.44.050 Conveyance of Assignment.
A.
Purchase. Upon payment in full for a grave, niche, mausoleum, memorial or cremation location,
the Missoula City Cemetery shall prepare a conveyance of title (a deed or right
to inter certificate) in the name specified by the purchaser. The name on the document of title signifies
the legal owner of the grave, niche, mausoleum, memorial or cremation
location. This document of title must be
attested to and signed by the Mayor and the Missoula City Clerk for the City of
Missoula. The owner shall receive the
original, attested, and signed document of title within 30 days of
purchase. It is the sole responsibility
of the purchaser to file the document of title with the Missoula County Clerk
and Recorder. The original document of title and written authorization from the
legal owner is required for assignment, re-sale, (See Section 12.44.040 E), or
conveyance of a grave, niche, mausoleum, memorial or cremation location. Without written authorization from the legal
owner or designated representative with original right to interment documents,
grave assignment documents, or interment by the legal owner, the location
remains unused.
B.
Ownership Conveyance Assignment
Change.
1. Death of Legal Owner. Upon the death
of the legal owner of a Missoula City Cemetery grave, niche, mausoleum,
memorial or cremation location, if not used by the legal owner, may be assigned
only as provided in this chapter or to any legal heirs at law.
2. Conveyance of Assignment. Any
legal owner, personal representative, or authorized heir(s) of a Missoula City
Cemetery grave, mausoleum, or cremation location may, in writing, assign the
location to another person or persons for their use. The legal owner, personal
representative, or authorized heir(s) must present a copy of the original
conveyance of title and assignment to the Missoula City Cemetery. An assignment
does not change the original conveyance of title. The following legal documentation is required
to use a Missoula City Cemetery interment location:
a. Written assignment(s).
b. Original “right to inter” document from the
original purchaser of the interment location noting the location.
c. Heirs must have documentation that
demonstrates they were assigned the legal right to use the grave, mausoleum, or
cremation location.
3. Will / estate: Heirs must be identified recipient(s) in a
written legal document that provides for the interment location assignments. If
there are no written legal documents that provide for assignment(s), the
interment location may remain unused. Written legal documents acceptable to the
Missoula City Cemetery include:
a. Written
assignment(s);
b. Original “right to inter” document and/or a
conveyance of assignment;
c. Interment location;
d. Legal documents such as a will, a legal
trust, or an order from a court of competent jurisdiction; or
e. Any other documentation deemed legally
acceptable to the Missoula City Cemetery.
4. Funeral Home Authorization. Alternatively,
a request to use a specific grave, mausoleum, or cremation location made
pursuant to written instructions from the funeral home personnel who direct a
specific interment must be honored if the funeral home personnel indicate that
permission from the heir(s) or legal owner of the location have authorized
interment arrangements with the grave assignment documents and the funeral home
personnel are satisfied the authorization is valid and documented.
(Ord. 3681,
2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord.
2910 §5, 1994; Ord. 2866 §5, 1993).
12.44.060 Cemetery
Funding. The Missoula City Council shall approve all Missoula City Cemetery
fees by resolution after conducting a public hearing. The fees shall be
available on the City’s website and at the cemetery administration building.. All funds must be for the care, maintenance and
improvement of the Missoula City Cemetery and cemetery property as required by
this chapter and Montana Law.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3440
§1, 2010; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §6, 1994; Ord. 2866 §6,
1993) .
12.44.070 Reserve Funds. It is in the best interest of the Missoula City Cemetery
and the City of Missoula to initiate a long-range financial care plan for the
Missoula City Cemetery. Therefore, the Missoula City Cemetery Board of
Trustees, Missoula City Council, and Missoula City Administration have
committed to the ongoing preservation of the Missoula City Cemetery by
designating all revenues be placed into permanent funds designated for the
long-term care of the Missoula City Cemetery unless otherwise determined by
Missoula City Council.
A. Cemetery Fund Reserve.
All
revenue generated from the sales and services of the Missoula City Cemetery, with the exception of any memorial donations, requests, and
grants, shall be deposited into the Missoula City Cemetery Fund Reserve to
offset the cost of operating and maintaining the Cemetery.
The Cemetery Fund Reserve is intended to be used for the
care, maintenance, equipment, and improvement of the Cemetery facilities and
property, as required by this chapter and Montana law. B. Memorial Fund Reserve. All donations, bequests,
and grants designated as memorials must be deposited to the Missoula
City Cemetery Memorial Fund Reserve. The Missoula City Cemetery Board of
Trustees shall approve all non-designated
expenditures from this fund.
(Ord. 3681,
2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3482, 2012; Ord. 3440 §2, 2010; Ord.
3292, 2005; Ord. 3179, 2001; Ord. 2910 §7, 1994; Ord. 2866 §7, 1993).
12.44.080 Repealed. (Ord. 3532, 2014; Ord. 3179, 2001; Ord.
2910 §8, 1994; Ord. 2866 §8, 1993.) (Codifier’s
note: in 2014, 12.44.080 was repealed and recodified as Chapter 12.44.
Part 060)
12.44.090 Repealed. (Ord. 3532, 2014; Ord. 3179, 2001; Ord.
2910 §9, 1994; Ord. 2866 §9, 1993.) (Codifier’s
note: in 2014, 12.44.090 was repealed and recodified as Chapter 12.44.
Part 060)
12.44.100 Repealed.
(Ord. 3594,
2017; Ord. 2910 §10, 1994; Ord. 2866 §10, 1993).
12.44.110 Grounds
Regulations. The following rules
and regulations are established for the government of the grounds of the
Missoula City Cemetery.
A.
The Missoula City Cemetery has the responsibility for the general care,
maintenance, and improvement of the cemetery grounds as specified in the City
Cemetery Operations Manual.
B. All
Missoula City Cemetery graves, veterans grave(s), niches, mausoleum, memorial,
cremation locations, or other named Missoula City Cemetery sections are held as
interment places for the human dead and for other purposes or acts intrinsic to
the operation of a cemetery or as approved by Missoula City Council. Strict
observance of the decorum which should characterize such a place is
required. Reserved land may be used for
other short term uses by the permission of the Missoula City Cemetery Board of
Trustees for as long as the Missoula City Cemetery Board of Trustees
authorizes. The Missoula City Cemetery Superintendent or designated
representative is authorized to refuse admission onto the grounds of any person
and to expel those who may violate any provision of this Municipal Code or the cemetery ground rules established by the
Missoula City Cemetery Board of Trustees.
C. General.
1.
All vehicles operated within the Missoula City Cemetery grounds must not
be driven at a speed exceeding 15 miles per hour.
2.
Persons accompanied by dogs shall obey the leash laws as outlined in
Missoula Municipal Code, Title 6, Chapter 6.07.
3.
No alcoholic beverages or illegal drugs of any kind are allowed within
the Missoula City Cemetery grounds.
4.
Persons with firearms, whether unconcealed or concealed, are not allowed
to bring firearms onto Missoula City Cemetery public property or to attend any
assembly of people gathered at the Missoula City Cemetery. Law enforcement public safety officials and
military honor guards are exempt from this provision.
5.
All persons are prohibited from touching any object not their own. Plucking any flowers, shrubs, plants, wild or
cultivated, or causing damage to any part of the Missoula City Cemetery grounds
is prohibited.
6.
The Missoula City Cemetery Superintendent or designated representative
shall reserve the right to enter in or upon any Missoula City Cemetery grave,
veterans grave, niche, mausoleum, memorial or cremation location or other named
Missoula City Cemetery sections and make such improvements as deemed necessary
for the continual care and maintenance of the cemetery grounds.
7.
Legal owners of locations shall not change the grade of graves, niches,
mausoleums, and memorial or cremation locations nor interfere in any way with
the general plan of improvement directed by the Missoula City Cemetery.
(Ord.
3710, 2023; Ord. 3681, 2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005;
Ord. 3179, 2001; Ord. 2910 §11, 1994; Ord. 2866 §11, 1993).
12.44.120 Interment Arrangements.
A. Information.
1. The
Missoula City Cemetery is not responsible for any mistake or error in any
communication transmission, wireless, or reception of messages by telephone,
email or fax received from funeral homes, families, or other businesses.
2. Interment requirements. The Missoula
City Cemetery requires the following legal documents to be completed before any
interment can be arranged and interment time scheduled:
a. All
related interment fees are required to be paid in full before any interment
service is scheduled according to this Municipal Code.
b. Written
assignment(s).
c.
Original “right to inter” document from the original purchaser of the interment
location noting the location.
d. Heirs
must have documentation that demonstrates they have been assigned the legal right to use the grave, mausoleum, or
cremation location.
e. Any other documentation deemed
legally acceptable to the Missoula City Cemetery.
3. Will / estate. Heirs
must be identified recipient(s) in a written legal document that provides for
the interment location assignment(s.) If there are no written legal documents
that provide for assignment(s), the interment location must remain unused
indefinitely. Written legal documents acceptable to the Missoula City Cemetery
include:
a. Written assignment(s) which are
required to be on file at the Missoula City Cemetery office.
b. Original “right to inter”
document and/or a conveyance of assignment.
c. Interment location.
d. Legal documents such as a will, a legal trust, or an
order from a court of competent jurisdiction.
4. All
required decedent information, legal right to inter documents, and directions
relative to interment services must be on record in the Missoula City Cemetery
office prior to the Missoula City Cemetery preparing an interment. (See Section 12.44.030).
B. Arrangements.
The Missoula
City Cemetery must have the following advance notification to prepare grounds
for interments. This notification time
may vary dependent on grave location, ground conditions, and weather. It is the responsibility of the funeral
director or other designated representative in charge of interment arrangements
to contact and verify the correct time for the interment. These notification
hours are adhered to year round, however, the Missoula
City Cemetery Superintendent or designated representative has the authority to
make adjustments to better serve the public while abiding by this chapter.
1. Summer. An interment
requires eight to 16 regular cemetery working hours advance notice for
preparation from the time the Missoula City Cemetery receives the following
information:
a.
Grave location.
b.
Interment type (Casket or Cremation).
c.
Date and time requested for interment.
2. Winter.
An interment requires 16 to
24 regular cemetery working hours advance notice for preparation from the time
the Missoula City Cemetery receives the following information:
a.
Grave location.
b.
Interment type (Casket or Cremation).
c.
Date and time requested for interment.
Example:
During winter months, the above information must be received by the
Missoula City Cemetery office by Wednesday for a Saturday or Monday
interment.
3. Holidays and weekends are non-working
hours and cannot be included in the above notification timelines.
C. Sundays and Holidays.
No interments are permitted on any Sunday or on any legal holiday. Exceptions may be made only with regards to
religious beliefs.
D. Storage. The Missoula City Cemetery shall at no time store an
unburied casket on the Missoula City Cemetery premises. If a service must be conducted prior to grave
preparation, the funeral director shall return the casket to the funeral home
storage until the grave preparation is completed. When grave preparation is completed, the
funeral director shall return the casket to the Missoula City Cemetery to
complete the interment. Any costs
associated with this transportation and storage are the responsibility of the
funeral home or the family.
E. Ground Conditions. Upon notification
from the funeral director or family representative, the Missoula City Cemetery
shall assess the ground conditions for the requested grave location and the
requested date and time for the interment.
The Missoula City Cemetery shall then ensure ground preparation or alert
the funeral director to any issues regarding the grave that may prevent the
grave preparation by the requested date and time. Issues that could affect the ground
preparation may include but are not limited to: tree locations, over-sized monuments, soil
conditions, and any unforeseen ground conditions.
F. Times. The Missoula City Cemetery schedules interment
services between the hours of 8:30 a.m. to 3:30 p.m. with all services
concluded by 4 p.m. The hour for the
interment services must be so arranged that the grave or niche may be properly
closed and all surplus ground removed before 4:30 p.m. An overtime fee is charged for all interments
completed outside these regular hours.
The overtime rate charged is set forth in the Missoula City Cemetery fee
listing approved by Missoula City Council. The funeral home in charge of
interment or person making arrangements must be
charged an overtime fee as follows:
1. Weekdays. An overtime fee must be charged when the
Missoula City Cemetery is required to complete the closing duties of the grave
or niche after 4:30 p.m. This fee is
equal to the OT Weekdays after 4:30 p.m. opening and closing fee as set forth
in the fee listing approved by Missoula City Council.
2. Saturdays.
a. Morning. When the Missoula City Cemetery is able to complete the closing of the grave or niche prior
to 12 p.m. on Saturday, the OT Weekend AM overtime fee must be charged as set
forth in the fee listing approved by Missoula City Council.
b. Afternoon. When the Missoula City Cemetery is required
to complete the closing of the grave or niche after 12 p.m. on Saturday, the OT
Weekend PM overtime fee must be charged as set forth in the fee listing
approved by Missoula City Council. All
interment services must be completed by 3:30 p.m. on Saturday.
G. Fees. All fees associated
with an interment must be paid to the Missoula City Cemetery office in advance
of grave preparation or, with authorization from the Missoula City Cemetery
office, fees may be paid on the day of service.
H. Placement
1. All
interments, disinterments, and re-interments must
only be performed by Missoula City Cemetery.
2. Double
casket interments are not allowed.
3. Two
decedents may be placed in the same grave under the following conditions:
a. A parent
and infant child together in one casket or vault.
b. Two
persons, with the required grave assignment documents, when one body has been
cremated. (Example: One casket and one cremation OR two cremations may be
placed in one location.)
c. The
Missoula City Cemetery reserves the right to limit, alter, designate sections
for, or eliminate multiple interments in the same location.
4. Opening and
closing, liner, vault, and possible interment, disinterment and re-interment
fees are required for each individual interment, disinterment, and
re-interment. In the event a
disinterment will be immediately followed with an interment, only the
disinterment fee will be charged for reinterment. All fees will still apply for the second
interment. For graves: A casket must be
placed first and deepest in a grave. If a cremation is interred first, the
cremation must be disinterred then re- interred after the casket has been
interred. All fees associated with disinterment, interment, and re- interment
of both individuals will apply.
5. All
cremations must be placed in a polyvault and buried
not less than 2’ deep in a grave or placed in an urn and interred into a niche,
or cremation location unless otherwise required. Polyvaults
must be purchased from the Missoula City Cemetery at fees set forth in the fee
listing approved by the Missoula City Council.
6. All caskets
must be placed in a liner and buried not less than 5’ deep in a grave. Liners
must be purchased from the Missoula City Cemetery at fees set forth in the fee
listing approved by the Missoula City Council.
7. Caskets
encased in a vault must not require an additional cement liner but must be
assessed an access fee to the gravesite. Any organization that presents a vault
for interment must be fully responsible for any damage to turf, monuments,
foundations, irrigations, and vegetation as outlined in Section 12.44.190.
I. Viewing. It is not
permissible for anyone to open a casket at the gravesite except the funeral
director in charge of the interment arrangements.
J. Design. To more efficiently
utilize Missoula City Cemetery areas and to implement beautification of
cemetery grounds, the Missoula City Cemetery shall designate various areas or
sections for specific types of interments, monuments, or other restrictions as
deemed a benefit to the Missoula City Cemetery and public needs.
(Ord.
3681, 2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001;
Ord. 2910 §12, 1994; Ord. 2866 §12, 1993).
12.44.130 Fees. Fees
for the Missoula City Cemetery must be approved by the Missoula City
Council. Fee information must be
available at the Missoula City Cemetery office. (Ord. 3594, 2017; Ord. 3532,
2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §13, 1994; Ord. 2866 §13,
1993).
A.
Name Plate or Inscription. A nameplate or inscription is required for
the purpose of identification of the location.
Walls vary in requirements as follows:
1. Bronze
Walls. A standard nameplate is
required, purchased, and installed by Missoula City Cemetery.
2. Granite
Walls. An inscription is required to
be inscribed directly onto the granite wall face. The Missoula City Cemetery requires a
specific format for unification of inscriptions that must be followed according
to the purchaser’s name designation:
|
Niche with Same Last
Name |
|
Niche with Different
Last Names |
|
|
|
|
|
SMITH |
|
SARAH |
|
|
|
JONES |
|
JOHN |
|
1955 – 1989 |
|
1927 – 1999 |
|
____________________ |
|
|
|
MARK |
|
KATE |
|
WILLIAMS |
|
1930 – 2001 |
|
1936 – 1998 |
3. Standard
format is used for all niche wall inscriptions.
When a suffix is needed (Jr., Sr., IV, etc.) it must be placed after the
first name. If the first name does not
allow room on the niche, the suffix would be omitted. Niche inscriptions are permanent. Therefore, niches with inscriptions must not be repurchased or reassigned.
4. Upon a disinterment from a niche, the
original inscription must forever remain as a memorial.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord.
3292, 2005; Ord. 3179, 2001; Ord. 2910 §14, 1994; Ord. 2866 §14, 1993).
12.44.150
Use of
bud vases on niche wall(s).
Bud vases for all the niche wall(s) are not allowed. Flowers and decorations are allowed in vases
as follows:
A. Open Sections.
Permanently affixed onto hearths only.
B. Veterans Sections.
Installed in foundations only.
C. Closed Sections.
All new vases must be installed onto a hearth. Existing vases in foundations are acceptable
but alterations require the vases to comply with Missoula City Cemetery current
standards.
D. Bronze or Granite Walls.
Vases or items taped, glued, or stuck to the niches or walls are not
allowed.
E.
The Missoula City Cemetery is not responsible for any vandalized,
damaged, or stolen flowers or plantings.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3179,
2001; Ord. 2910 §15, 1994; Ord. 2866 §15, 1993).
12.44.160 Repealed. (Ord. 3532, 2014; Ord. 3179, 2001; Ord.
2910 §16, 1994; Ord. 2866 §16, 1993).
(Codifier’s note: in 2014, 12.44.160 was repealed and recodified as
Chapter 12.44. Part 060)
12.44.170 Monument Placement.
The Missoula City Cemetery does not assume any responsibility or
liability for monuments placed by anyone other than the Missoula City Cemetery
on the Missoula City Cemetery grounds.
The Missoula City Cemetery does not assume any responsibility or
liability for damage to monuments after they are placed on the Missoula City
Cemetery grounds that is not caused by Missoula City Cemetery staff negligence. The Missoula City Cemetery does not assume
any responsibility or liability for damage to monuments due to weathering,
weather events, acts of god, general aging or deterioration over time, or for
vandalism. Monuments are the property of
the legal owner or legal heir(s) of each interment location.
A. Marker.
At time of interment, one temporary grave marker must be placed onto the
grave for identification purposes. This
temporary marker must not be replaced by Missoula City Cemetery and the grave
must be unmarked. This temporary marker consists of the decedent’s name, year
of birth, and year of death. This
temporary marker is not to be sold or given away but is designed for continued
re-use and is the property of the Missoula City Cemetery.
B. Pre-Verification.
Monument requests require a pre-verification process. Grave location is verified for stones, trees,
or shrubs that might hinder placement of a new monument or replacement of an
existing monument. Decedent information
is verified with Missoula City Cemetery records, grave ownership, and interment
assignments.
C. Variances. All variance requests must be submitted to the Missoula
City Cemetery for approval. Variances
must be in writing and include a drawing that shows the design of the monument,
the monument layout on the foundation, and include all measurements for the
monument and foundation.
D. Permit. All monuments
require completion of a monument permit, payment of all fees, and must meet
requirements listed in this chapter and Cemetery Board of Trustees policies
prior to the initiation of any work. Permit information must match
pre-verification information and Missoula City Cemetery records.
E. Installation. Missoula City Cemetery shall provide all
concrete foundations which are included in the fee schedule as set forth in the
Missoula City Cemetery fee listing approved by Missoula City Council. Foundations and monuments must be installed
by Missoula City Cemetery staff. It is
the responsibility of the company providing the monument to meet all Missoula
City Cemetery guidelines and restrictions as detailed in this municipal code.
Monuments that do not meet Missoula City Cemetery regulations or do not match
pre-verification and permit information must not be installed.
F. Sketch.
Missoula City Cemetery maintains standard guidelines for the size and
placement of monuments upon graves. A required sketch must show the design of
the monument, the monument layout on the foundation, and include all
measurements for the monument and foundation.
Any irregular monuments must have a sketch presented and approved by the
Missoula City Cemetery Superintendent or designated representative and may be
reviewed by the Missoula City Cemetery Board of Trustees prior to any
installation.
G. Benches.
A bench may be
used as a grave monument, however, park benches are
not allowed. All bench requests must
comply with monument guidelines and require pre-approval by the Missoula City
Cemetery. A drawing is required that
shows the bench design, the bench layout on the foundation, and must include
all measurements for the bench and foundation.
24” by 50” foundation
accommodates a 36” monument on a grave
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5” Min. Mow Strip |
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Will accommodate a 36” monument |
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5” Min. Mow Strip |
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24” by 96” foundation
accommodates an 80” monument on a double grave
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5” Min. Mow Strip |
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Will accommodate an 80” monument |
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5” Min. Mow Strip |
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H. Restrictions. Missoula City Cemetery and the Missoula City
Cemetery Board of Trustees at their sole discretion shall have authorization to
review, approve, or reject any monuments placed or presented for placement on
the Missoula City Cemetery grounds that do not meet the integrity of the
Missoula City Cemetery.
1. All
monuments are required to have a foundation with a measured allowance of 6” and
5” from the furthest protrusion as shown in the detailed drawing. Foundation size may not exceed 50” in length
on a single grave or 96” in length on a double grave. Foundations are required to measure 24” in
width. (See diagrams for dimension
examples.)
2. Monuments,
other than flush, must be no less than 6” or exceed 36” in height as measured
from foundation to top of monument.
However, the Missoula City Cemetery Superintendent or designated
representative and the Missoula City Cemetery Board of Trustees shall have
authorization to review all monument design, composition, and size in
accordance with the grave location to determine acceptability.
3.
Any monument, effigy, inscription or structure determined to be
offensive, improper, or injurious to the surrounding grounds must be corrected
or removed.
4.
Full and half size graves must accommodate a 36” upright monument for
two people.
5. Sections of the Missoula City Cemetery grounds
may be designated and reserved by the Missoula City Cemetery for the
designation of specific types of monuments.
6. Monuments
must be placed centered on the grave(s).
The monument must be located on the grave of the decedent as named on
the monument with the exception of memorials.
7. Memorial
monuments are allowed on the grave(s); however,
a. A memorial monument or inscription must include
the words ‘In Memory Of’.
b. A memorial inscribed on a monument may be placed
on the front or back of the monument. If
placed on the front of a monument, the memorial inscription must clearly state
who the interred is and who the memorial is for. All inscriptions must be approved by the
Missoula City Cemetery Board of Trustees, Missoula City Cemetery Superintendent or a designated representative.
All administrative fees will apply.
c. All memorials must be registered with the
Missoula City Cemetery office.
8.
Up to two monuments are permitted on a grave location. One monument must be placed in the 2’
headspace of the grave and centered upon the grave(s). A second monument is
allowed as follows:
a.
When two interments are in the same grave, a second monument may be
permitted to be placed directly in front of the first monument. The second monument must be flush with the
ground and centered on the grave(s) or directly aligned with the original
monument.
b.
When using infant pillow marker monuments, two markers may be placed in
the same foundation providing the border restrictions are met. (See diagrams for dimension examples.)
c.
Military plaques must be installed flush with the ground, in a
foundation, and centered upon the grave or military plaques may be affixed to
the back of an upright monument on the grave.
d.
Large family lot monuments require additional grave purchases for the
sole purpose of placement for the over-sized monument. The monument must be centered on the
grave(s). Designated section
restrictions must apply dependent on the size of the monument.
9. All
monuments are required to be sealed with a monument setting compound. This
includes a monument directly onto a foundation or a monument to a hearth to a
foundation. Additional requirements may
be incorporated through the internal policies of the Missoula City Cemetery.
10.
All inscriptions are required to be documented on an inscription permit
stating name(s), date(s), and grave location(s) and must be registered with the
Missoula City Cemetery.
11.
Only granite monuments/rocks or military bronze plaques are allowed in
Missoula City Cemetery.
12.
Foundations must be cement or granite.
No aggregate or dye foundations allowed.
I. Vases. Vase restrictions
are enforced according to the restrictions listed in Section 12.44.150. Vases
must be installed by a company with a Missoula City Business License, worker’s
compensation insurance, and general liability insurance on file with Missoula
City Development Services. (See Section 12.44.190) Vases are allowed as follows:
1. Open Sections.
Permanently affixed onto hearths only.
2. Veterans Sections.
Installed in foundations only.
3. Closed Sections.
All new vases must be installed on a hearth. Existing vases in foundations are acceptable
but alterations require the vases to comply with current standards.
J.
No dig in monuments are allowed without a foundation. All monuments placed on a foundation must
follow the restrictions above. The standard
military issue for the Veteran’s section is pre-mounted bronze plaques on a
granite base foundation.
K. Veteran’s Section. Only flush monuments allowed. Spouse’s monument must match the Veteran’s
monument. Bronze plaques pre-mounted on
a granite base foundation are allowed.
(Ord. 3681, 2021; Ord. 3594, 2017; Ord. 3532,
2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §17, 1994; Ord. 2866 §17,
1993).
12.44.180 Missoula City Cemetery permit for
approved work. A Missoula City Cemetery permit may be
obtained for approved work and may be used to purchase Missoula City Cemetery
labor and materials beyond the scope of normal, general maintenance practices
of the Missoula City Cemetery. Any
person requesting this service must state on the permit the location of
proposed work, what is proposed to be done pursuant to the permit, the agreed
fee to be paid to the Missoula City Cemetery and sign and date the permit.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord.
3179, 2001; Ord. 2910 §18, 1994; Ord. 2866 §18, 1993).
12.44.190 Liability.
Any person or business conducting pre-authorized work on the Missoula
City Cemetery grounds is required to have a current Missoula City business
license, workers compensation insurance, and general liability insurance in
good standing and on file with Missoula City Development Services. Such person
or business is liable for any damage to any Missoula City Cemetery gravesites,
property, shrubs, irrigation, flowers and plantings, trees, monuments, and
unnecessary damage to the lawn caused by them.
All work must occur on weekdays between the hours of 8 a.m. to 4:30
p.m. All work must be under the close
inspection of the Missoula City Cemetery Superintendent or designated
representative and must be completed promptly.
All equipment and unused materials must be removed as the work is
completed (Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3179, 2001; Ord. 2910 §19,
1994; Ord. 2889, 1994; Ord. 2866 §19, 1993).
A. Defined. Infants shall be defined as any child under
the age of three years old or under 3’ in length.
B. Donate. The Missoula City
Cemetery may donate all Missoula City Cemetery fees associated with the
interment of an infant. These donated
fees may include:
1.
Opening and Closing.
2. Polyvault for infant cremation or fetus interments.
C. Location. Infants may be
interred in one of two sections: Infant Section (smaller 5’ x 5’ graves) or in
any available regular size grave in the Missoula City Cemetery.
D. Interments. Only one interment
allowed in donated graves except following these section restrictions:
1. Infant Section. One infant per donated grave, no exceptions.
2. Open Sections.
Any full size grave available for sale may have
two interments. When one interment is an
infant, the following rules apply:
a. Two Infants. Upon review and approval of the Missoula City Cemetery Superintendent
or designated representative, two infants are allowed in the same donated
full-size grave with all fees stated above waived according to the Missoula
City Cemetery fee schedule.
b. Infant and Adult. Due to the donation of an infant
grave, if a family member wishes to be interred with the infant, written
authorization from the parents on record at Missoula City Cemetery is required
and the following fees apply:
i.
Cost of grave at current Missoula City Cemetery fee schedule.
ii.
If infant was a casket interment, a second individual is required to be
a cremation interment then open, close, and polyvault
fees apply.
iii.
If infant was a cremation interment and a second individual is a casket
interment then disinterment fees for the infant, opening, closing, and liner
fees for the casket, and re-interment fees for the infant apply.
E. Times. Interments must
occur during regular working hours or family forfeits Missoula City Cemetery
donation and full fees and requirements must be assessed per this chapter and
fee schedule.
(Ord.
3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §20,
1994; Ord. 2866 §20, 1993) .
12.44.210 Repealed. (Ord.
3532, 2014; Ord. 3179, 2001; Ord. 2910 §21,1994; Ord. 2866 §21, 1993). (Codifier’s note: in 2014, 12.44.210
was repealed and recodified as Chapter 12.44. Part 130)
12.44.220 Repealed. (Ord 3532, 2014; Ord. 3179, 2001; Ord.
2910 §22, 1994; Ord. 2866 §22, 1993).
(Codifier’s note: in 2014, 12.44.210 was repealed and recodified as
Chapter 12.44. Part 130)
12.44.230 Disinterments.
A. Disinterments must be performed on weekdays at the
convenience of the Missoula City Cemetery Superintendent or designated
representative. It is the responsibility of the involved mortuary or funeral
home to contact all persons that could contest the disinterment prior to
applying for a disinterment permit at the Missoula City-County Health
Department.
B.
State Law requires that a casket disinterment permit be presented to the
Missoula City Cemetery prior to work commencing. In addition, the presence of the following is
required:
1. Director of the Missoula City Cemetery or
designated representative.
2.
Funeral Director.
3.
Any other person as required under the disinterment permit.
C. A cremation
disinterment does not require a permit or witnesses. (Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292,
2005; Ord. 3179, 2001; Ord. 2910 §23, 1994; Ord. 2866 §23, 1993).
12.44.240
Mausoleum section
established. Detailed building and site plans must be
presented to the Missoula City Cemetery Board of Trustees for
consideration. If it is deemed in the
interest of the Missoula City Cemetery, a permit must be issued for
construction after graves are purchased.
The Missoula City Cemetery does not assume any responsibility of
maintenance of the structures. Vaults
used must be sealable airtight. Opening
of the mausoleums must be done on a permit type basis. Mausoleums in other areas are
prohibited.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3179,
2001; Ord. 2910 §24, 1994; Ord. 2866 §24, 1993).
12.44.245 Sections. The Missoula City Cemetery Board of Trustees
and Missoula City Cemetery Superintendent or designated representative are
authorized to designate sections of the Missoula City Cemetery grounds for
specific purposes. The Missoula City
Cemetery has designated the following sections:
A. Old
Section. This section consists of
the oldest grounds in the Missoula City Cemetery and is permanently closed for
all future sales. Upright or flush monuments allowed. Interments are allowed in
the following circumstances:
1. Family grave reservation.
2. Cremation interred upon an existing grave.
B. Open
Section. This section consists of all developed land ready for interments. Upright or flush monuments allowed.
C. Veteran
Section. This section is restricted to a veteran and their spouse. Monuments flush with the ground are
allowed. Veteran and spouse must have
matching flush military monuments.
D. Niche
Walls. This section allows cremation
interments in granite or bronze walls.
Niches for one or two interments are available. Inscriptions or name plaques are required on
walls. (See Section 12.44.140)
E. Infant
Section. Two infant sections are established. The original section in the oldest section of
the Missoula City Cemetery is permanently closed to any interments. The second infant section in the older
section of the cemetery remains open for use.
Upright or flush monuments allowed.
Only infants under the age of three years and under 3’ in length
allowed. One infant per grave allowed with no exceptions.
F. Trade,
Labor, Fraternal, Religious Sections.
Organizations can purchase sections available for sale in the Missoula
City Cemetery and designate those graves for use of their members or
affiliates. Upright or flush monuments
are allowed according to section restrictions defined in this chapter.
Organizations owning property must submit a notarized letter of grave(s)
assignment(s) to the Missoula City Cemetery depicting the name and grave
designated for an individual interment.
All regulations regarding the Missoula City Cemetery apply to these
sections.
G. Mausoleum Section. This section requires:
1. The owner must purchase a cemetery lot
measuring 20’ x 20’.
2. The maximum size for a mausoleum is 15’ x
15’.
3. All mausoleums require a 5’ border on all
sides of the structure within the lot.
4. There are no height or level restrictions for
the mausoleum.
5. Mausoleum designs must be presented to the
Missoula City Cemetery Superintendent or designated representative and to the
Missoula City Cemetery Board of Trustees for review, approval, or rejection.
6. Vaults used must be sealable airtight.
H. Family
Cremation Section.
1. This section allows up to four cremations.
2. Two cremations must be placed to the east of
the monument and two cremations must be placed to the west of the monument.
3.
A
solid foundation strip is installed by Missoula City Cemetery.
4. A standard monument is required to be placed
on the foundation strip. The standard
monument must:
a. Be a “Tablet” style monument with height of
32” as measured from foundation to top of monument.
b. Sit upon a hearth measuring up to 50” long
with a maximum width no wider than 15”.
c. Inscriptions must be placed on the front and
back of the monument and match the grave assignments.
5. Vases installed on the hearth are the only
flower option available.
I. Pet
Memorial Wall & Ossuary
1. A Section
separate from the other sections for human burial, that provides for a wall for
inscription of pet names with an option of placing pet cremations into an
underground ossuary.
J.
Future Sections
1. The
Missoula City Cemetery Board of Trustees and Missoula City Cemetery Superintendent
or designated representative may
authorize the addition of new sections as funding becomes available and public
interest directs.
(Ord.
3681, 2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005)
12.44.250 Repealed. (Ord. 3532, 2014; Ord. 3179, 2001; Ord.
2910 §25, 1994; Ord. 2910 §25, 1993).
(Codifier’s note: in 2014, 12.44.250 was repealed and recodified as
Chapter 12.44. Part 240)
ARTICLE II. CEMETERY BOARD OF TRUSTEES
A. Creation. There is created
and established a Missoula City Cemetery Board of Trustees. The Missoula City
Cemetery Board of Trustees shall require the same qualifications as required by
the laws of the state for the office of Mayor.
B. Composition.
The Missoula City Cemetery Board of Trustees shall be composed of five
persons, appointed by the Mayor, and approved by the Missoula City
Council.
C. Term. The Missoula City
Cemetery Board of Trustees shall serve a three-year term of office commencing
on the first day of May of the year in which they are appointed.
D. Oath.
Each duly appointed member of the Missoula City Cemetery Board of
Trustees shall take and subscribe the oath provided by the laws of the state
for city officials prior to the commencement of their duties. This oath must be filed in the office of the
Missoula City Clerk.
E. Vacancy. Vacancies must be
filled by appointment of the Mayor with the approval of the Missoula City
Council.
F. Removal. The Missoula City
Council may, at any time, by a vote of not less than two-thirds of all members
of the council remove from office any member of the Missoula City Cemetery
Board of Trustees.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292,
2005; Ord. 3179, 2001; Ord. 2910 §26, 1994; Ord. 2866 §26, 1993).
12.44.270 Repealed.
(Ord. 3532, 2014; Ord.
3179, 2001; Ord. 2910 §27, 1994; Ord. 2866 §27, 1993). (Codifier’s note: in 2014 12.44.270 was repealed and recodified
as Chapter 12.44 Part 236)
12.44.280 Organization.
The Missoula City Cemetery Board of Trustees shall organize in July of
each year by electing one of their members Chair and one Co-Chair. These
officers shall hold office for one year and until their successors are elected
and qualified. A majority of members of
the Missoula City Cemetery Board of Trustees shall constitute a quorum for the
transaction of business at any special or regularly called meeting.
(Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292,
2005; Ord. 3179, 2001; Ord. 2910 §28, 1994; Ord. 2866 §28, 1993).
A. Regular. The Missoula City
Cemetery Board of Trustees shall hold regular meetings .on a date and time
approved by the board. The date and time shall be reviewed and approved in
January of each calendar year. The meetings shall be open for public attendance
in-person in a City conference room and/or virtually via a digital platform approved
by the Missoula City Council. The Missoula City Council shall adopt public
meeting guidelines for the Missoula City Cemetery Board of Trustees meetings.
B. Special Meetings.
Special meetings of the Missoula City Cemetery Board of Trustees may be
called, from time to time, by the Chair or by three members of the Missoula
City Cemetery Board of Trustees. Two days’ notice must be given by the Chair to
all members of the Missoula City Cemetery Board of Trustees. The notice must specify the subject of the
special meeting and the meeting must be limited to
that subject. The notice must also
specify the time and place of the meeting.
C. Notice. All meetings of the
Missoula City Cemetery Board of Trustees must be open to the public. Prior to the meeting each month, sufficient
and reasonable notice of the time and place of the meeting, as well the agenda,
will be
published
on the City’s website.
D.
Meeting Attendance. Each member of the Missoula City Cemetery Board of
Trustees shall notify the chair and the
public
meeting admin in advance of inability to attend a board meeting. Absence from
three consecutive regular
meetings
without notice to the Board Chair or absences from 50% of regularly scheduled
meetings with or without
notification
during a fiscal year may be grounds for removal from board membership. The
board shall discuss this
member’s
absence and discuss what action to take. The chair may notify the Council and
request they review the
member’s
ability to serve as a productive and functional member of the board and to
determine whether the individual
should
be removed from the board or the board position be declared vacant.
(Ord. 3710, 2023; Ord.
3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §29,
1994; Ord. 2866 §29, 1993).
12.44.300 Conflict of interest.
No member of the Missoula City Cemetery Board of Trustees of the
Missoula City Cemetery shall be involved in a decision or contractual
obligation, either directly or indirectly, during the course
of public duties with the knowledge there is an opportunity to further
the member’s private interest. A
Missoula City Cemetery Board of Trustees member violating this section may be
prosecuted in accordance with Montana State law. Any contract entered into
by the Missoula City Cemetery Board of Trustees in violation of this section
are null and void. (Ord. 3594, 2017; Ord.
3532, 2014; Ord. 3292, 2005; Ord. 3179, 2001; Ord. 2910 §30, 1994; Ord. 2866
§30, 1993).
12.44.310
Powers
and duties generally.
A. Control. The Missoula City
Cemetery Board of Trustees, subject to the control of the Missoula City Council
shall have the full charge, control, custody, management and supervision of:
1.
The Missoula City Cemetery grounds and places of interment that are now
or may be owned, held or controlled in any manner by the City of Missoula in
the future.
2.
All property, real, personal and mixed which is now or may be used,
occupied or possessed in any manner in connection with any Missoula City
Cemetery grounds or places of interment in the future.
3.
All books, plats, records and other papers to any such property in any
manner belonging, appertaining to, or used in connection with the Missoula City
Cemetery.
4.
The reserve funds established for Missoula City Cemetery care including
the Capital Fund Reserve, Niche Fund Reserve, Memorial Fund Reserve, and all
other funds as designated for Missoula City Cemetery purposes.
B. Authority. The Missoula City
Cemetery Board of Trustees is authorized to make rules, policies, and
regulations for the care, management, presentations and improvement of the
Missoula City Cemetery and cemetery grounds, places of interment and property
not included in this chapter as they deem necessary and proper and to enforce
the same.
C. Rights. The Missoula City
Cemetery Board of Trustees shall have the right to interview and participate in
the selection process of a Missoula City Cemetery Superintendent as per the
qualifications set by the Missoula City Cemetery Board of Trustees and Missoula
City Administration in a job description for this position.
D. Staff. The Missoula City Cemetery and Missoula City Cemetery
Board of Trustees shall have the right to review the work performance and
conduct of the Cemetery Superintendent. (Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292; Ord.
3179, 2001; Ord. 2910 §31, 1994; Ord. 2866 §31, 1993).
12.44.320 Repealed. (Ord. 3532, 2014; Ord. 3179, 2001; Ord. 2910 §32, 1994;
Ord. 2866 §32, 1993). (Codifier’s note:
in 2014, 12.44.320 was repealed and recodified as Chapter 12.44. Part 040)
12.44.330 Public Record. The
books and papers of the Missoula City Cemetery Board of Trustees and all
Missoula City Cemetery records are public record and open to the public. (Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292,
2005; Ord. 3179, 2001; Ord. 2910 §33, 1994: Ord. 2866 §33, 1993).
12.44.340 Repealed
(Ord. 3710,
2023; Ord. 3680, 2021; Ord. 3594, 2017; Ord. 3532, 2014; Ord. 3292, 2005; Ord.
3179, 2001; Ord. 2910 §34, 1994; Ord. 2866 §34, 1993).
BOULEVARDS
Sections:
12.48.060 Standards for landscaping‑‑Variance.
12.48.070 Regulations for landscaping.
12.48.010 Defined. "Boulevard" means an area of public right‑of‑way
between the edge of the public street, whether curbed or not, and the private
property line. In the Montana Code Annotated, a boulevard is sometimes referred
to as a "parking." (Ord. 2168 §1, 1980).
12.48.020
Classification.
For purposes of this
chapter, boulevards shall be classified as follows:
A.
Developed boulevard: a boulevard landscaped primarily with grass, trees,
shrubs and other vegetation, and intended to be kept as a park‑like
space;
I B. Undeveloped
boulevard: an area of public
right-of-way between the edge of an uncurbed public street and private property
which is not landscaped with grass, trees or other vegetation, but contains
dirt, gravel, or like material, or is paved;
C. Unmaintained
boulevard: a boulevard which at one time
was a developed boulevard, contains trees, or which abuts a curbed street but
where some portion of the vegetation has died, has not been maintained or does
not exist, and which contains dirt or other debris, but no portion of which has
been paved;
D. Boulevard
median: a landscaped area located in the
middle of the public street. (Ord. 2168
§4(1), 1980).
12.48.030 Duty of landowner.
It is the duty
of the owner of any real property within the city to maintain or cause to be
maintained any boulevard that adjoins the real property. Maintain shall mean the watering of trees,
shrubs, plants, grass and vegetation within the boulevard, mowing the grass,
eliminating the weeds, and complying with the provisions of city ordinances
pertaining to the trimming, pruning, or removal of any trees, shrubs, plants or
vegetation. Adjoins shall include those
areas that are separated by only a sidewalk.
It is illegal to degrade a boulevard.
(Ord. 2168 §2, 1980).
A. Where
the city engineer has approved, prior to the passage of the ordinance codified
in this chapter, the use of a city boulevard for commercial and/or multi-family
off-street parking and the boulevard has been paved, such use may continue
unless deemed hazardous by the city engineer or determined not to be in the
public interest by the city council.
B. Where
the city boulevards, prior to the passage of the ordinance codified in this
chapter, have been used for multi-family and commercial parking prior to the
enactment of the off-street parking ordinance, such use may continue unless
deemed hazardous by the city engineer or determined not to be in the public
interest by the city council.
C. When
approving design plans for a zoning compliance permit, the city zoning officer
may allow landscaping requirements to be partially satisfied by landscaping
within the boulevard. (Ord. 2168 §4(3),
1980).
A. There shall be no parking of motorized vehicles on
developed boulevards, unmaintained boulevards or boulevard medians, unless
otherwise provided in this chapter.
I B. There shall be no storage or parking of
personal property of any type on developed boulevards, unmaintained boulevards,
undeveloped boulevards or boulevard medians.
C. There
shall be no structures of any kind, except signs erected by governmental
agencies and such other structures as allowed by regulation adopted pursuant to
this chapter. (Ord. 2168 §4(2), 1980).
12.48.060 Standards for landscaping—Variance.
A. Boulevards abutting
residential property shall contain grass, trees, shrubs, flowers or other
ornamental plants. In addition, such
boulevards may contain sidewalks, pathways, and other reasonable and customary
improvements.
B. Boulevards abutting
commercial or industrial property not located in residential areas may contain,
in addition to those items set forth in subsection A above, crushed rock or
gravel, wood chips, bark, and other materials customarily used in commercial landscaping,
so long as proper provisions are made to ensure that such material does not
spill into the street.
C. In case an abutting
property owner, his agent or lessee is unable to comply with the above
provisions because of extraordinary and
peculiar set of circumstances constituting a hardship, or because of a wish to
install a type of landscaping not specifically provided for above, but
compatible with the surrounding area and in harmony with the public purposes of
boulevards, such person may petition the design review board for a boulevard
variance, which, if granted shall be specific as to the type of landscaping to
be permitted and the reasons which justify granting the variance. (Ord. 2168 §3, 1980).
12.48.070 Regulations for landscaping. The
city zoning officer is authorized to develop regulations to implement this
chapter and to govern landscaping in the public right-of-way. Such regulations shall be approved by the
city council and shall be utilized by the city zoning officer in approving
landscaping site plans. (Ord. 3492, 2013; Ord. 2168 §5, 1980)
12.48.080 Enforcement.
This chapter shall be enforced by
the Police department, Development Services, city Parks department. (Ord. 3492, 2013; Ord. 2168 §6, 1980).
Chapter 12.50
BANNER PLACEMENT
Sections:
12.50.020 Banner sign defined.
12.50.030 Application for permit.
12.50.040 Standards for zoning officer approval.
12.50.060 Zoning officer review.
12.50.010 Purpose. The purposes of this chapter are to protect the health,
safety and general welfare of the
people residing
and visiting the city and to protect property values, enhance the appearance of
the city and promote
the tourist
industry by limiting the type, location and duration banners may be allowed to
exist within the corporate
limits of the
city. (Ord. 2384 §1, 1984).
12.50.020 Banner
sign defined. A "banner sign" means a sign
composed of lightweight material erected for a limited duration to emphasize a
particular nonprofit event, activity or celebration. Signs erected solely for
the purpose of providing directions for special events shall not be considered
banner signs and may be approved by Development Services staff. (Ord. 3492,
2013; Ord. 2384 §2, 1984).
12.50.030
Application for permit.
An application shall be made to the Development Services for the
installation of any banner sign. The application shall include the following:
A.
An
initial application fee to help defray review costs shall be established and
amended by City Council resolution after conducting a public hearing. Any
subsequent review of the identical banner placed at the same location shall be
exempt from the review fee;
B.
The
applicant's 501 nonprofit documentation form if the event, activity or
celebration promotes a nonprofit organization;
C.
The
requested dates and location of banners; and
D.
A
scaled drawing of the proposed banners, including all copy.
(Ord. 3526, 2014; Ord. 3492, 2013; Ord. 2384
§3, 1984).
12.58.035 Special event permit – Fee
The fee for a special event permit shall be established and amended by
City Council after conducting a public hearing. This fee applies to all events
that conduct a special event within a public sidewalk, street, sidewalk or
public right-of-way. The permit fee is waived for special events conducted
under 12.58.030
(B) (13) and (14) and 12.58.090.
(Ord. 3526,
2014)
12.50.040 Standards
for zoning officer approval. Banners shall be strictly limited to
promoting nonprofit organizations as verified with 501 nonprofit documentation
form or noncommercial activities. The banner shall not display any commercial
message or commercial enterprise's name except one logo not exceeding one
hundred forty‑four square inches per side. (Ord. 2384 §4, 1984).
12.50.050 Maximum
duration. Banner(s) may only be displayed for a
maximum duration of two weeks during any
calendar year
for the promotion of any organization, event or celebration. (Ord. 2384 §5,
1984).
12.50.060 Zoning
officer review. The zoning officer shall collect,
record, review and approve or deny all applications in accordance with the
standards provided in this chapter for safety considerations. (Ord. 3492, 2013;
Ord. 2384 §6, 1984).
12.50.070 Variance. Any banner request not meeting the standards set forth in
this chapter may only be approved by a two‑thirds council vote after
review by the plat, annexation and zoning committee. (Ord. 2384 §7, 1984).
STREET NUMBERS
Sections:
12.52.020
Renumbering‑‑Appeal‑‑Failure to comply.
12.52.060 Numerals required‑‑Size and
reflective quality.
12.52.010 Assignment. For each lot or tract of land abutting any street or
avenue in the city a street number shall be assigned by the city’s Geographical
Information Services (GIS) office. (Ord.
3492, 2013; Ord. 2116 §1, 1980).
12.52.020
Renumbering ‑‑Appeal‑‑Failure to comply.
A.
Whenever existing street numbers for structures:
(1) Are
out of sequence;
(2) Indicate
that the structure should be found on the other side of the street;
(3) Identify
houses on corner lots as being on one intersecting street when by virtue of
their access they should be on the other intersecting street;
(4) Need
to be changed to bring numbers assigned by the county into conformity with
numbers assigned by the city;
(5) Do
not conform to the system and the modifications thereto used by the city’s GIS
office in assigning street numbers; or
(6) Do
not comply with one or more of the other requirements of this chapter; the
city’s GIS office may order the owner or the affected property owner to change
the number to one selected by the city’s GIS office.
B. The order of the city’s GIS
office may be appealed by sending a written notice of appeal to the city
council within thirty days of issuance of the order. The city council shall
refer the appeal to an appropriate committee.
C. After hearing the appeal, the
committee shall affirm, modify or rescind the city GIS office’s order.
D. Upon expiration of the time
for appeal or upon a decision of the appeal, the affected property owner shall
change the house number as required by the city’s GIS office or the city
council. Failure to comply with the order shall constitute a misdemeanor. Each
day shall constitute a separate offense.
(Ord. 3492,
2013; Ord. 2116 §2, 1980).
12.52.030 Numbering system. The city GIS office shall assign numbers in accordance
with the following system: The south side of streets running east and west
shall bear odd numbers, and the north side of such streets shall bear even
numbers. The west side of streets running north and south shall bear odd numbers and the east side of such streets shall bear even
numbers. The city GIS office shall follow this system as they deem it
applicable. Where problems arise in the application of the above system, the city
GIS office shall have discretion to assign numbers or select such a numbering
system as best meets the needs of the particular case.
(Ord. 3492, 2013; Ord. 2116 §3, 1980).
A. Street
numbers shall be placed on the exterior wall of all residential structures in
such a position as to be clearly visible from the public highway or street to
which the number relates.
B. Where
multi‑family structures have separate street numbers for each unit, such
numbers shall be placed on the doors or within three feet of the doors on
adjacent walls. If such numbers are not clearly visible from the nearest public
highway or street, the numbers shall also be listed elsewhere on the premises
on which the structure is located so as to be clearly
visible from the public highway or street.
C. Street
numbers for mobile homes shall be placed on exterior walls within three feet of
the main entrances. If such numbers are not clearly visible from the public
highway or street to which the number relates, the numbers shall also be listed
elsewhere on the premises on which the structure is located so
as to be clearly visible from such public highway or street. Where the
city GIS office deems it necessary, he/she shall require the owners of mobile
home parks to erect a map at the entrances thereto depicting the layout of
streets and the location of lots to which street numbers are assigned.
D. Where
multi‑family structures have a primary street number to designate the
structure and the secondary numbers or letters to designate individual units
therein, the primary street number may be placed on the premises near the
structure as well as on the exterior wall pursuant to subsection A of this
section. Secondary numbers or letters designating individual units shall be
placed on doors or on adjacent walls within three feet of the doors.
(Ord. 3492,
2013; Ord. 2116 §4, 1980) .
12.52.050 Commercial
uses. Nonresidential and mixed
residential/nonresidential structures shall have street numbers displayed on
exterior walls or doors. Multiple nonresidential uses of buildings shall be
given separate street numbers only when there is a separate entrance from the
street to such use. (Ord. 2116 S5, 1980).
12.52.060 Numerals
required‑‑Size and reflective quality. Every street number placed on an exterior wall or other
structure as required by this chapter shall be expressed in numerals. The
numerals shall either have a reflective surface or shall contrast distinctly
with the background on which they are placed so that they are readily visible
at night from the street to which the number relates. Numerals used on
nonresidential and mixed residential/ nonresidential structures shall be at
least four inches high. (Ord. 2116 §6, 1980).
OPEN SPACE ACQUISITION
Sections:
12.56.015 Terms and their
Definitions as used in this Chapter.
12.56.040 Types of acquisitions authorized.
12.56.045 Improvements to open space land
12.56.070 Citizens Advisory Committee on Open Space.
12.56.080 Committee’s Review of Open Space Proposals.
12.56.090 Alternative and supplemental sources of
funds.
12.56.100 Open space land conservation by other
organizations.
12.56.110 Conversion or diversion of open space land.
12.56.010 Short
title. This
chapter may be cited as "The City of Missoula Open Space Ordinance." (Ord. 3653, 2019; Ord. 3220, 2002; Ord.
2958, 1995; Ord. 2183 §1, 1981).
12.56.015 Terms and their Definitions as
used in this Chapter
Open Space – A broad term
intended to track the definition found in 76-6-104(3), MCA, generally including
parks, trail corridors, greenbelts or greenways, conservation lands, riparian
areas, and agricultural lands that are provided or preserved for public
benefit.
Open
Space Plans – Any City Council adopted land use or issue plan that
addresses the vision, goals, and strategies related to City Open Space. May include components of various management
plans, active transportation plans, or other planning documents which promote,
protect, administer, and provide for open space.
Conservation
Bond Fund – A fund created to hold voter approved general
obligation bond proceeds from (1) the City’s portion of the 2006 Missoula County open space bond, a
ten million dollar general obligation bond authorized by a vote of Missoula
County voters on November 7, 2006, and (2) the City’s portion of the 2018
Missoula County open space bond, a fifteen million dollar general obligation
bond authorized by a vote of Missoula County residents on November 6, 2018.
Open Space Fund
– A separate fund or funds created to hold the proceeds of donations,
bequests, grants, and appropriated moneys that are specifically earmarked for City open space
acquisition projects. (Ord. 3653, 2019)
12.56.020 Purposes. The purposes of this chapter
are:
A. To
implement, with respect to the City of Missoula, MCA 76-6-104(3) the Montana
Open-Space Land and Voluntary Conservation Easement Act of 1969
and City Council adopted open space plans, including applicable land use and
open space management plans.
B. To
establish procedures for the conservation and enhancement of open space lands
located within or near the City’s borders; and
C. To
establish procedures for the administration and use of the proceeds of open
space bonds including, but not limited to: 1) the Missoula Conservation Bond, a
five hundred thousand dollar general obligation bond issue authorized by a
vote of the people November 4, 1980 (Ord. 2183 2, 1981), 2) A subsequent
Missoula Conservation Bond, a five million dollar general obligation bond issue
authorized by a vote of the people November 7, 1995, 3) the City’s portion of
the 2006 Missoula County open space bond, a ten million dollar general
obligation bond authorized by a vote of Missoula County voters on November 7,
2006, the City’s portion of the 2018 Missoula County open space bond, a fifteen
million dollar general obligation bond authorized by a vote of Missoula County
voters on November 6, 2018, and other such bonds which may be issued; and
D. To provide guidance for the expenditure of
other funds, bequests, donations, or grants of money, property, service,
or other transfers with conditions or restrictions related to open space
conservation and enhancements. (Ord.
3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §2, 1981).
12.56.030 General
policies. It shall be the
policy of the City:
A. To
preserve significant open space land, including conservation land, parkland,
trails, greenways, views and vistas, agricultural land, riparian land, and
urban forest, which, because of its aesthetic, scenic, recreational, historic
or ecological value, it is in the public interest to preserve;
B. To
preserve conservation open space lands in such a manner and under such
conditions as to ensure that they remain substantially undeveloped for a
significant period of time, preferably in perpetuity;
C. To
acquire and administer public parks, trails, and other appropriate open space
lands in such a manner as to ensure their availability for public benefit;
D. To
make a vigorous effort to preserve open space land under terms and conditions
involving the least possible outlay of public funds;
E. To
preserve our native forest, protect and enhance our planted forest, and
encourage continued forestation of urban lands through acquisition,
restoration, reforestation, and other means;
F. To
preserve significant agricultural lands in their historic use and preserve
agricultural soils;
G. In
preserving open space land other than by gift, to utilize sources of funding
other than the conservation bond fund and open space bonds to the maximum
extent feasible, and thus to conserve the bond funds to the greatest extent
practicable; and
H. In
some cases, funds may be used for the purchase of lands with the intent to
pursue limited development or to hold all
or a portion of the land for prospective trade or
sale from which the proceeds shall be used for acquisition or enhancement of
open space real property, in accordance with the goals of open space
plans. These lands are not to be subject to the provisions of Section
12.56.110 pertaining to the diversion or conversion of lands; and
I.
In some cases, funds may be used to improve or enhance open space lands
as enumerated in section 12.56.045 below.
(Ord. 3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §3, 1981).
12.56.040 Types
of acquisitions authorized.
A. Acquisition
of open space real property interests by the City or in partnership with the
City may be by purchase (whether by bargain sale or otherwise), gift, bequest,
donation, grant, lease, easement, conservation easement, trade, or a
combination of the above; and
B. The
type of open space real property interest acquired shall be sufficient to
ensure its preservation as open space land in accordance with the City policies
listed in 12.56.030 A through H except in the event that
the conditions enumerated in Section 12.56.100 occur. (Ord. 3653, 2019; Ord. 3220; 2002; Ord.
2958, 1995; Ord. 2183 §4, 1981).
12.56.045 Improvements to open space land. Improvements shall meet the requirement
of the Montana
Open-Space Land and Voluntary Conservation Easement Act, MCA § 76-6-101, et
seq., as amended, and/or the intent of the funding source.
A. In connection with
real property acquired, conserved, or designated for the purposes of the
Montana Open Space Land and Voluntary Conservation Easement Act, the City may
provide or arrange for the provision, construction, maintenance, operation, or
repair of any natural or public infrastructure that may be necessary for the
provision, conservation, maintenance, and management of the property as open
space land.
B. In compliance with
applicable management plans, the City may expend open space bond funds to
restore and make improvements to open space lands to ensure they continue to
serve the public purposes for which they were protected. City Council shall review and approve
proposals to restore or improve open space lands. (Ord. 3653, 2019)
A. Administration
of Fund. The proceeds of the City’s allocation of the 2006 open
space bond and 2018 open space bond shall be placed in a special earmarked fund
referred to as the conservation bond fund, dispersible only as provided hereinafter. The
money in the conservation bond fund shall be invested so as
to secure the maximum rate of return to the City, subject to the
limitations and conditions set forth in Montana law and the Internal Revenue
Code, and subject also to the possible need to have all or part of the fund
available for immediate disbursement. Proposed investments of the
fund shall be reviewed by the Finance Department with recommendations to City
Council to insure that the time period of the
investment is not inconsistent with anticipated needs for disbursement;
B. Disbursements.
1. Disbursements
of funds out of the conservation bond fund shall be specifically authorized by
the City Council.
2. The
City Council may in no event authorize disbursements from the conservation
bond fund until the review procedures specified in Section 12.56.080 have been
fully complied with. Upon receipt of the
recommendations of the Citizens Advisory Committee on Open Space, the Council
may, in its discretion, hold a public hearing on the open space proposal before
taking action on the proposal.
C. Restricted
Purpose of Disbursements. Disbursements from the conservation bond
fund may be made only for the purpose of acquiring open space real property
interests, trail development and matching other sources of funds for trail
development, and improvements to open space land. Open space real property
interests acquired through disbursements from the conservation bond fund may be
held in either the name of the City or a qualified partner. Ancillary
expenses of acquisition, trail development, or improvements to open space land,
including but not limited to payment of attorneys' fees, appraisal fees, survey
fees, and consultants' fees (whether direct charges to the City or
reimbursements for expenses incurred by a landowner), may be drawn from the
fund, so long as they are directly related to the acquisition, development or
improvement of an open space real property interest in a particular parcel of
land by the City or, with the approval of the City, by a qualified private
organization or public agency.
(Ord. 3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §5, 1981)
12.56.060 Repealed. (Ord.
3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §6, 1981).
12.56.070 Citizens
Advisory Committee on Open Space.
A. There
is established a committee, known as the Citizens Advisory Committee on Open
Space, which shall consist of eleven citizens, at least six of whom are
qualified electors residing in the City, and the remainder of whom are
qualified electors residing either in the City, or in an area within the
Missoula Planning Region. The City Council shall appoint seven members and the Mayor shall appoint three members, with the
remaining seat held, or appointed, by the City Parks and Recreation
Board. Each member of the Committee shall serve for a period of three
years from date of appointment, with the initial terms being staggered to
provide that the terms of four members of the Committee expire annually,
except that every third year only three members' terms shall expire;
B. The
Committee shall operate in accordance with bylaws approved by the City
Council, which shall provide, among other things, that meetings of the
Committee shall take place in accordance with the provisions
of Montana law;
C. The
City shall provide appropriate staff support for the Committee;
D. In
appointing citizens to the Committee, the Council and Mayor shall require full
disclosure by applicants of existing or potential conflicts of interest, and may consider the same in making
appointments. Members of the Committee shall have a continuing
obligation to fully to disclose existing or potential conflicts of interest to
the Committee, which shall have the power to disqualify any one of its members
for such a conflict. In no event may a Committee member who has an
actual or apparent conflict of interest with respect to a particular open space
proposal participate in any manner in the Committee's review of that proposal.
E. It
shall be the duty of the Committee to:
1. Do
everything in its power to implement city open space plans, particularly
concerning the acquisition of, and capital expenditures for improvements to,
parks, trails, or other open space lands using conservation bond funds; and
2. Provide
the Council with written recommendations concerning the acquisition,
improvement, and disposal of lands using funds from the conservation bond fund
or open space fund pursuant to the guidance of applicable city open space plans
as adopted by the City Council.
(Ord. 3653, 2019; Ord. 3220, 2002; Ord. 3011, 1996; Ord. 2958, 1995; Ord. 2498
§1, 1986; Ord. 2183 §7, 1981)
12.56.080 Committee’s
review of open space proposals.
A. In
its review of open space acquisition proposals the Committee may hear
testimony, require and consider reports, make on‑site visits, and hold
work sessions with or without expert assistance, for the purpose of determining
the desirability of any proposed acquisition, and of recommending on what
terms such an acquisition should occur if found desirable. In
making these determinations, the Committee shall consider, along with any other
matters it deems relevant, the following matters:
1. The
selection criteria included in applicable city open space plans;
2. Whether
the conditions imposed upon or associated with the acquisition proposal,
including the specific legal conditions to be set forth in any grant instrument
and the guidelines proposed for managing the open space lands are adequate to
accomplish and ensure conservation and are in the public interest;
3. Whether
there are additional terms or conditions, or land management guidelines or
policies, that should be incorporated in or set forth in relation to the
proposal;
4. Whether
the costs associated with the proposal are reasonably related to the land’s
value to the community as open space;
5. Whether
the proposal will accomplish conservation at the least possible cost (for
example, if a fee simple purchase is proposed, whether easements have been
explored); and
6. Whether
the extent of disbursements from the conservation fund necessary to carry
through the proposal are reasonably related to the goals of applicable city
open space plans, or whether the disbursements would give disproportionate
emphasis to one parcel or type of land, to the detriment of the community's
interest in preserving other parcels or types of land.
B. Upon
concluding its deliberations with respect to an open space acquisition proposal
pursuant to subsection A, or a conservation bond funded capital improvement
proposal pursuant to subsection D, the Committee shall forward a written report
to the Council expressing its findings and recommendations. Such a
report may include minority recommendations, if any, and such appendices as
the Committee may think desirable for the information of the Council.
C. In the case of the proposed acquisition of a
conservation easement, the matter shall also be submitted to the appropriate
Missoula County planning authority for review, in accordance with the Montana
Open-Space Land and Voluntary Conservation Easement Act.
D. In the case of open space capital improvements
using money from the conservation bond fund, the Committee may hear testimony,
require and consider reports, make on‑site visits, and hold work sessions
with or without expert assistance, for the purpose of determining the desirability
of a proposed improvement, and shall make a recommendation to City Council
regarding the proposed improvement.
(Ord.
3653, 2019; Ord. .3220, 2002; Ord. 2958, 1995; Ord. 2183 §8, 1981).
12.56.090 Alternative
and supplemental sources of funds.
A. In
connection with the acquisition of a particular parcel of open space land, the
City may, for the purpose of defraying all or part of the cost (including ancillary
expenses), accept and expend donations (whether of money, property, or
services) from private parties and organizations; grants from governmental,
charitable or other entities; and moneys specifically appropriated by other
governmental entities for this purpose. In addition, the City may,
in its discretion, appropriate funds for this purpose in accordance with the
provisions and limitations of
the Montana Open-Space Land and Voluntary Conservation
Easement Act;
B. In
addition, the City may, for the purpose of furthering its general open space
acquisition program and having additional funds available for use in future
acquisitions, accept donations, bequests, grants, and appropriated moneys
and accumulate and expend them as set forth in subsections C through E below;
C. In
addition to the conservation bond fund described in Section 12.56.050, the
City may create other earmarked open space funds for the purposes of open space
acquisition, in which shall be deposited all of the
funds mentioned in subsections A and B above;
D. Disbursements
from an open space fund may be made only in the manner and for the purposes set
forth in Section 12.56.040. Until disbursements are made, or in case
part of the fund remains unexpended after disbursements, the moneys in the fund
shall be invested in a reasonable and prudent manner so as to
ensure the maximum rate of return on the money, and the interest so earned
shall be deposited in and accumulated in the fund; and
E. If
not in conflict with the specific terms of the grant or donation, the City may
sell, trade, or otherwise reasonably dispose of any property donated to it for
purposes of acquisition of open space (as distinguished from property donated
as open space land) or acquired using money from an open space fund. The City shall deposit the proceeds in an
open space fund. (Ord.
3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §9, 1981).
12.56.100 Open space land
conservation by other organizations.
A. No provision
of this chapter is intended to or shall prevent any qualified private
organization, as that term is defined in the Montana Open-Space Land and
Voluntary Conservation Easement Act from acquiring or holding open space land
located within or near the City; and
B. When it is in
the public interest to do so, the City may acquire, hold and administer open
space land cooperatively with other governmental entities or qualified private
organizations, under such terms and conditions as will best fulfill the
purposes and policies of this chapter.
C. When it is in the public interest to do so, the City
may provide funds from the conservation bond fund for acquisition of open space
real property interests by or in the name of a qualified private organization
or other public agency. If funds are provided to or for the benefit
of a qualified private organization or public agency for the acquisition of an
open space real property interest, the City shall enter into an agreement with
the qualified private organization or public agency sufficient to ensure that
such acquisition is and remains consistent with the general policies expressed
in Section 12.56.030. Such agreement may provide the City with a
reversionary interest in the open space real property
interests.
(Ord. 3653, 2019; Ord. 3220, 2002; Ord. 2958,
1995; Ord. 2183 §10, 1981).
12.56.110 Conversion
or diversion of open space land.
A. No
open space land acquired by the City using conservation bond funds described in
section 12.56.050 shall be converted or diverted from open space use,
including uses described in Section 12.56.030 (F), unless the provisions of
the Montana Open-Space Land and Voluntary Conservation
Easement Act have been fully complied with. In addition, no open
space land acquired by the City, except land identified in Section 12.56.030
(H), may be converted or diverted from open space use unless:
1. The
City Council has, after public hearing, made the findings called for in
subsection B of this section and passed a resolution calling for a referendum
on the matter of such conversion or diversion at a general or special City
election; or
2. A
petition calling for such a referendum, signed by fifteen percent of the
registered voters in the City, has been submitted to the City in a regular
manner; and in either case,
3. At
the election called pursuant to subsection (1) or (2) above, more than fifty
percent of those voting upon the referendum vote in favor of conversion or
diversion.
B. The
City Council may not consider a resolution for a referendum on the conversion
or diversion of any parcel of open space land until it has
found, on the basis of the public hearing, either that:
1. Due
to changed circumstances, the land has lost its value as open space land
significant to the community; or
2. That
there exists an overriding public interest in conversion or diversion of the
land.
C. Any
moneys or other valuable consideration received by the City in connection with
any conversion or diversion of open space land are required to be deposited in
the earmarked fund established by Section 12.56.090 (C); and
D. The referendum
procedures established by subsection A of this section are special referendum
procedures relating specifically to conversion or diversion of open space land,
and in no way imply that the acquisition of open space land or other property
by the City is a legislative act. (Ord.
3653, 2019; Ord. 3220, 2002; Ord. 2958, 1995; Ord. 2183 §11, 1981) .
SPECIAL EVENTS PERMITS
Sections:
12.58.030
Special event permit requirement.
12.58.035
Special event permit – Fee
12.58.040 Duties of the permittee/sponsor.
12.58.050 Public conduct during special events.
12.58.060 Revocation of special events permit.
12.58.080
Hold
harmless and indemnification.
12.58.090 Temporary
street or alley closures for residential block parties.
A. The city is
interested in and encourages support of community sponsored events. The city recognizes the many social, cultural
and financial benefits that are the result of including special events in the
life of the community. Such benefits
include general quality of life, economic growth, tourism, recreation,
recognition of fine arts, charitable aid and many others that are both tangible
and intangible. The city is aware of the
need to blend the community events with other citizen activities in the community.
B. Notwithstanding the recognized importance of
special events, it is incumbent upon the city to establish ordinances, policies
and procedures which will allow for the advance planning and management of city
personnel and financial resources as well as the public sidewalks, streets and
rights of way under its control. The
city urges the private sector to increase its role in community activities so
that impacts on operating budgets and staffing of city departments can be
minimized or eliminated. Further, the
city urges that any organization, entity or applicant for requesting
permission to use public sidewalks, streets and rights of way under the city's
control also consider scheduling their event at a location other than a
sidewalk, street or public right of way and submit their application to the
city at least two weeks in advance whenever possible in order to facilitate the
ability of city employees to, in advance, adequately plan, organize and assist
in preparation for the event scheduled to be conducted.
C. The city encourages and supports community
events while working with event sponsors.
This chapter establishes procedures for submission and processing of
requests, conduct and requirements for special events proposed to be conducted
on/in or having a direct effect upon public sidewalks, streets and rights of
way under the city's control or traffic flow within the city.
(Ord. 3464, 2011; Ord. 3135, 2000; Ord.
2648 (part), 1989).
12.58.020 Definitions. As used in this chapter:
A."Demonstration"
means any public gathering of twenty-five or more persons for the purpose of a
public display of grievances or in the support of any legal purpose.
B."Parade"
means any organized group, marching or in procession, whether on foot, animal
or vehicle or some combination thereof which does not comply with normal and
usual traffic regulations and controls.
C.
“Parade Route” means the city approved route of
travel of any permitted parade or fun run including the assembly, staging and
disbanding areas.
D.
“Special event" means any parade,
demonstration, block party, march, fun run, walk-a-thon, athletic event,
bicycle race or any such gathering of people in which the activity takes place
on, in, or through any public sidewalk, street or right-of-way.
E.
"Political speech’ is the public expression of
views in support of or opposition to public figures or political candidates or
any laws, regulations, actions, or policies of any branch of local, state,
federal, or global governmental institution and its executory and enforcement
agencies.
F.
"Religious speech” is the public espousal of or
support for a particular religious or spiritual view or support or opposition
to actions or policies of established religious institutions.
(Ord.
3464, 2011; Ord. 3242, 2003; Ord. 3135, 2000; Ord. 2648 (part), 1989).
12.58.030 Special
event permit requirement.
A.
A special event permit shall be issued by the police
department with respect to public right-of-way or by the parks and recreation
department for park usage in order to conduct a
special event within a public sidewalk, street, sidewalk or public
right-of-way, whenever in the opinion of the city police department, city
public safety regulation or control of motor vehicle or pedestrian traffic or
public safety police protection is required for conducting the special
event. It is unlawful to conduct a
special event regulated by this chapter without a permit. A special event permit for use of a public
sidewalk, street, sidewalk or public right-of-way shall be obtained from the
city police department. The entity or
person organizing, sponsoring or conducting the special event shall be
responsible for obtaining any required liability insurance policy coverage as
well as for applying for a special event permit. It is recommended the entity
or person organizing or sponsoring the special event start the permit process
at least two weeks in advance when time permits. If the submittal is received by city
officials at least two weeks in advance of the event, the application may be
circulated through intra-city departmental mail. However, if it is received less than two
weeks prior to the event the applicant shall be responsible for going
individually to the fire, Development Services , parking commission, and park
departments to obtain any necessary approval.
Completing those approvals, the applicant must return the application to
the police department for police review.
The request is then forwarded to the Mayor for final consideration.
B.
The issuance of a special event permit shall be
governed by the following standards:
1.
The applicant or sponsors of the special event shall
provide liability insurance providing coverage for their organization and
naming the city as an additional insured.
To the extent reasonably possible, liability insurance coverage shall be
in the minimum amounts of $750,000 per claimant and $1,500,000 per
occurrence. Any liability insurance
requirements for residential block parties shall be governed by section
12.58.090, MMC, pertaining to residential block parties.
2.
The applicant for any special event must have a
traffic control plan which has been reviewed and approved by Development
Services staff and if barricades or
traffic control devices are deemed necessary the applicant shall be solely
responsible for renting, placing and removing any required barricades or
traffic control devices.
3.
No permit shall be necessary for sidewalk picketing
or marching being conducted solely on public sidewalks when the picketing is
conducted in such a manner that allows pedestrian traffic an opportunity to
pass by unobstructed and that allows pedestrian and/or motor vehicle traffic an
unobstructed opportunity for ingress and egress to property.
4.
No special event shall be conducted on a public
street, sidewalk or right-of-way between the hours of nine p.m. and eight a.m.
5.
No special event permit shall be issued to conduct a
special event anywhere on Brooks Street from the intersection of Brooks and
Bancroft southwest on Brooks to the city limits, for the reasons that this area
is an area with a great amount of motor vehicle traffic congestion with higher
speed limits and greatly restricted alternative motor vehicle traffic routes as
a result of large areas of land not having streets pass through them as a
result of the Bitterroot railroad tracks, several large shopping center
complexes, the Sentinel High School and Missoula Vocational Technical campuses,
the County Fairgrounds and Play Fair Park and little league baseball field
complex. A special event permit may be
issued for motor vehicle convoys or parades using Reserve Street when passing
through the Missoula community from a beginning point outside of the city.
6.
The police chief or his designee shall be empowered
to reasonably designate the route of a parade or event to be consistent with
one of the recommended routes approved by the Police Department and Development
Services. If the applicant is unwilling
to modify the application to incorporate this change, the application shall be
denied.
7.
The police chief or his designee may limit use of a
street for a special event to one side or portion of a street whenever
necessary in the public interest in order to provide
and preserve public safety and traffic control in order to permit simultaneous
use of streets by those participating in the special event and other motor
vehicle traffic.
8.
If the proposed special event is for the primary
purpose of commercial advertising and it would disrupt streets or public places
ordinarily subject to great congestion during the time of the special event, or
would require such a diversion of police protection that it would deny
reasonable police protection to the city, the application may be denied, unless
the applicant modifies the proposed special event to satisfactorily deal with
these concerns in a manner reasonably acceptable to the police chief or his
designee.
9.
A special event permit application requiring police
protection for public safety shall be denied if the application requests the
conducting of a special event at the same time as another special event
requiring police protection that is being conducted in a different vicinity at
a different geographical location and the additional diversion of police
protection would deny reasonable police protection to the city.
10. A special
event permit application shall be denied if it would require such a substantial
amount of police protection for public safety that it would deny reasonable
police protection to the remainder of the city, even when additional off-duty
police officers would be employed on an overtime basis.
11. A special
event permit application shall be denied if the request is for a time and
location where a special event or street excavation or construction project has
already been scheduled for that time and location and an irreconcilable
conflict exists between the two so that they could not reasonably be conducted
at the same time and location.
12. A special
event permit application shall be denied if it would be:
a.
Obscene pursuant to Montana state law; or
b.
Hazardous to public health or safety; or
c.
Would create an extraordinary amount of litter and
the applicant has not presented an acceptable, effective plan for the applicant
to clean up the litter immediately after the conclusion of the special event;
or
d.
Would substantially interfere with emergency
ambulance, fire or police service and the applicant fails to modify the
application request to satisfactorily alleviate or eliminate this interference
with emergency services.
13. When such an
event will be an exercise of political and religious rights protected by the
First and Fourteenth Amendments to the United States Constitution, the
application shall be processed promptly, without requiring liability insurance.
14. Spontaneous
special events in response to political and public controversies may not be
denied a special event permit.
C. An applicant
desiring to appeal any denial of a permit application may immediately appeal to
the mayor, or in the mayor's absence, the city council president, or in the
city council president's absence, the city council vice president. A decision on any appeal must be issued
within twenty-four hours after the appeal is submitted.
(Ord. 3492, 2013; Ord. 3464, 2011; Ord. 3242,
2003; Ord. 3135; Ord. 2648 (part), 1989).
12.58.035
Special event permit – Fee
The fee for a special event permit is) one hundred forty
five dollars ($145.00) per event. This fee applies to all events that
conduct a special event within a public sidewalk, street, sidewalk or public
right-of-way. The permit fee is waived for special events conducted under 12.58.030
(B) (13) and (14) and 12.58.090.
(Ord. 3503 §1, 2013; Ord. 3479, 2012; Ord.
3464, 2011)
12.58.040 Duties of the permittee/sponsor. The permittee shall comply with all permit
conditions and directions and with all applicable laws and ordinances. The permittee, sponsor or other person
leading or directing the special event shall carry a copy of the permit upon
his/her person during the conducting of the event and if not available at the
site designate another individual to be present and have possession of a copy
of the permit at the site. (Ord.
3135, 2000; Ord. 2648 (part), 1989).
12.58.050
Public conduct during special events.
A. The following types of
public conduct shall not be allowed during a special event:
1.
Any person unreasonably
hampering, obstructing, impeding or interfering with the reasonable conduct of
any special event;
2. Any
driver of any vehicle driving between the vehicles or persons comprising any
parade, assembly or similar activity when such vehicles or persons are
conspicuously engaged in a parade, assembly or similar activity, provided that
this provision shall not apply to authorized emergency vehicles such as police,
fire, ambulance and service vehicles which may be engaged in an
emergency situation;
2. Participants
in any parade, march or procession, whether driving, riding or walking, shall
not consume, use, display or be under the influence of alcohol or illegal drugs
which violate any law or ordinance;
3. No
participant in a parade or procession shall throw, cast or drop candy, trinkets
or any other articles to the people along the parade route but may walk along
the side edges of the parade route and hand out these items.
B. The chief of police shall have the authority
to prohibit or restrict parking of vehicles along any street constituting the
route of a parade or procession and in any street proximately located to the
site of a special event when such parking restrictions or prohibitions are
necessary to the safe conduct of the activity.
The chief of police shall order the posting of signs and/or barricades
to such effect and it shall be unlawful for any person
to park or leave unattended any vehicle in violation thereof except emergency
or service vehicles engaged in an emergency situation. Further, if any street is entirely closed off
for the purpose of conducting a special event, other than a parade, within the
closed street the organizer or sponsor of the special event shall have the
responsibility of providing street barricades and signs informing the public of
the street closure. The placement of
signs and barricades for all special events located within the city
right-of-way shall be approved by Development Services staff. Barricades and signs shall be used that
comply with the Manual on Uniform Traffic Control Devices (MUTCD). (Ord.
3492, 2013; Ord. 3135, 2000; Ord. 2648 (part), 1989).
12.58.060 Revocation of special events permit.
All permits issued pursuant to
this chapter are without advance notice, subject to revocation for cause at any
time by the chief of police or other police official in charge whenever the
public interest, general welfare, health and safety would be best served by
revocation for cause. The chief of
police or other police official in charge upon revoking a permit may require
the participants and spectators to disperse whenever the permittee is failing
to satisfy the conditions and/or obligations under the permit or whenever there
is imminent danger of public disturbance or disorder. (Ord.
3135, 2000; Ord. 2648 (part), 1989) .
12.58.070 Violation‑‑Penalty.
Any person who
shall be guilty of any provision of this chapter shall be guilty of a
misdemeanor and shall be punished by a fine of not less than ten dollars and
not more than five hundred dollars. There shall be no penalty of imprisonment
for a violation of any provisions of this chapter. (Ord. 3135, 2000; Ord. 2648
(part), 1989).
12.58.080 Hold
harmless and indemnification. Applicants for a special event permit shall
agree in writing to defend, hold the city and its employees harmless and
indemnify the city for any and all claims, lawsuits or
liability including attorneys' fees and costs allegedly arising out of loss,
damage or injury to person or person's property occurring during the course of
or pertaining to the special event caused by the conduct of employees or agents
of applicants. (Ord. 3135, 2000; Ord. 2648 (part),
1989).
12.58.090 Temporary street or alley closures for residential block
parties. Residential block parties may be
authorized by the mayor in consultation with Police, Fire and Development
Services departments at residential locations not involving closure of any
arterial or collector streets and during hours between 8:00 a.m. and 9:00 p.m.
approved by the mayor subject to the following conditions:
A.
All abutting or adjacent property
owners as well as the property owners on the corner lots immediately across the
intersection on the opposite side of the street closure shall be contacted and have the opportunity to voice concerns to the applicant and
the city;
B.
The applicant for any special
event must have an approved traffic control plan and shall be solely
responsible for obtaining, placing and removing any required barricades or
traffic control devices;
C.
The applicant or sponsors of the
event to the extent reasonably possible shall provide liability insurance
protecting themselves as well as naming the city as an additional insured;
D.
Comply with any conditions imposed
by the city police, fire or Development Services departments.
E.
The applicant must agree to
defend, indemnify and hold harmless the city from any claims or lawsuits that
arise out of the temporary street closure usage.
(Ord. 3492, 2013; Ord.
3464, 2011; Ord. 3135, 2000)
12.58.100 Exceptions. The mayor may grant exceptions to the
provisions of Section 12.58.030 (B)(1) (pertaining to liability insurance
requirement limits) and/or Section 12.58.030(B)(4) (pertaining to hours of
event) taking into account the general public health,
safety and welfare associated with the request for exception, as well as the
liability risk and the applicant’s ability to pay. When the mayor considers
requests for exceptions, the mayor shall base the mayor’s decision on the
factual circumstances presented and decide the specific request on its merits
and the mayor may not discriminate on the basis of actual or perceived (as
defined in MMC 9.64.020) race, color, national origin, ancestry, religion,
creed, political ideas, sex, age, marital or familial status, physical or
mental disability, sexual orientation, or gender identity or expression, unless
based on a bona fide liability risk, general welfare, health or safety
reason(s). (Ord. 3428 §13, 2010; Ord. 3135, 2000)
REGULATIONS
GOVERNING CAMPING ON CITY RIGHT-OF-WAY
AND
OTHER CITY PROPERTY
Sections:
12.60.020
Camping on Public Streets in the City Limits.
12.60.030
Camping on City Property.
12.60.040 Designated Temporary Camping Sites and Safe
Parking Sites.
12.60.060
Annual Review of Urban Camping, Programs, and Regulations.
The following
words, terms and phrases, when used in this Chapter, shall have the following
meaning ascribed to them, except where the context clearly indicates a
different meaning:
A. “Camping”
or “camp” is defined as means to pitch, erect, create, use or occupy camp
structures for the purpose of habitation.
B. “Camp
structure” or “camp structures” is defined to mean a soft-sided structure
intended to provide more than rudimentary protection from the elements such as
tents.
C. “City
property” means real property owned by the City of Missoula or an entity
chartered, administered, or otherwise owned or operated by the City of
Missoula.
D. “Unsheltered
Individual” means an individual having no means to acquire one’s own permanent
or temporary housing; the availability of congregate shelter space does not
qualify as shelter for the purposes of this provision.
E. “Vehicle”
means any vehicle as defined in 10.02.390, MMC, including any motor home,
camping trailer, tent trailer, truck camper, camper van, car camper, or other
recreational vehicle with or without motive power designed for use as temporary
living quarters.
(Ord. 3763,
2024; Ord. 3747, 2024)
12.60.020
Camping on Public Streets in the City Limits.
B. Vehicle
Camping Permit. The City shall establish a permit system to regulate the use of
public streets in the City for Vehicle camping. Upon application for a permit,
City staff shall determine compliance with the Time and Place regulations set
forth in subsection C. and D. The City shall actively monitor for compliance
with the Manner regulations set forth in subsection E. The Mayor or their
designee is authorized to adopt administrative rules concerning the permit process, and is additionally authorized to close certain
public streets to camping, by posting of signs notifying the public of such
prohibition, at the Mayor’s or designee’s sole discretion. The notice and
posting rules of this Chapter do not apply to routine maintenance and repair of
streets, surface transportation infrastructure, or public utility
infrastructure, and may require Vehicle campers to move to a new location to
allow the project to proceed.
C. Vehicle
Camping Time Regulations. Permits for camping in a Vehicle on public streets in
the City shall be issued for a period not to exceed 30 days. In
the event that the Manner regulations of subsection E. are complied
with, the permit may be reissued for up to two additional 30-day periods. In no
event shall a Vehicle camping on a public street be located on the same named
street for more than 90 days. Regardless of whether the permitted Vehicle has
moved through the course of this period, after ninety days the Vehicle may not
occupy that named street and must move to a different named street.
D. Vehicle
Camping Place Regulations. Where feasible, up to two Vehicles may be permitted
on a block. No more than three Vehicles used for camping purposes per quarter
mile of public street. An Unsheltered Individual camping in a Vehicle public
streets in the City shall not camp:
1.
Adjacent to or immediately across from any
parcel or lot containing a residential dwelling.
2.
Within 100 feet of a public entrance of any
commercial business or non-profit organization.
3.
Within 300 feet of (approximately the length of
a City block) of any shelter facility (e.g. those providing shelter to unhoused
populations, victims of domestic violence, transitional housing, etc…).
4.
Adjacent to or immediately across from the
boundary of any public park.
5.
Adjacent to or immediately across from any
parcel or lot containing any public or private school, including secondary,
elementary, or preschool, or any lot or parcel containing a daycare.
6.
In violation of any posted parking signs or
painted curbs prohibiting parking or otherwise limiting the hours of parking.
7.
In a bike lane; median; sidewalk; public
pathway or trail.
E. Vehicle
Camping Manner Regulations.
1.
The immediate area surrounding the Vehicle
being used for camping on public streets in the City must be maintained in a
clean and orderly manner. A clean and orderly manner includes, but is not
limited to, all waste, debris and trash being in a container. Personal items,
when not actively being used, must be stored inside the Vehicle.
2.
No waste, sewage, debris, trash, personal
items, or additional vehicles or trailers may be discarded or stored in the
right of way, except as outlined in 4, below. Pet waste must be properly
disposed of and pets must be leashed.
3.
No fires are permitted within the public
right-of-way.
4.
Generators must be stored and located on a
paved surface. Fuel must be in containers designed for the fuel stored therein.
5.
Camping within the paved surface of a street
may only be done in a Vehicle. Camping on the paved surface of any street in a
tent, tarp, or in only sleeping bags, blankets, or other rudimentary forms of
protection from the elements, is prohibited.
6. No
structures may be built or maintained on the public right-of-way pursuant to
Title 12, MMC.
(Ord. 3763, 2024; Ord. 3747, 2024)
12.60.030 Camping on City Property
A. Regulated Camping on City Property Allowed. An Unsheltered
Individual may camp in a camp structure on City property open to general public use so long as they comply with the rules and
requirements of this Chapter. The rules of this Section only apply to camping
on City property, and do not apply to the mere act of sitting, lying or
sleeping on City property where such activity is done for limited periods and
not involving a camp structure.
B. City to Help Coordinate Supportive Programs with Service
Providers and Willing Partners. The City will continue to coordinate,
collaborate and communicate with service providers and willing community
partners regarding programs to address the needs of Homeless Individuals
without Access to Shelter. The City may work with willing service providers and
partners to (1) provide lockers/small storage spaces that may be assigned to
such individuals; (2) provide for trash collection services in areas used by such
individuals; (3) provide for permanent or temporary bathrooms for use by such
individuals; and (4) coordinate with service providers other similar services
or support to allow clean, safe, and sanitary camping on City property. City
Staff shall periodically provide a report to the City Council concerning this
program and engagement with the service providers. The City shall distribute an
urban camping resource guide, detailing locations for trash disposal, storage
facilities, sharps disposal, public facilities, and a list of resources and
services available in Missoula.
C. Rules Governing Camping on City Property. An Unsheltered
Individual camping on City property must comply with the following time, place
and manner regulations:
1.
Time: An Unsheltered Individual may camp between the hours of 8 p.m.
and 8 a.m. After 8 a.m., an Unsheltered Individual must dismantle the camp
structure and remove all personal property and camp structures from the camp
site until 8 p.m. From the period starting on November 1 through March 1, these
hours shall be modified to allow an Unsheltered Individual to camp between the
hours of 6:00 p.m. and 8:00 a.m.
2.
Place: No camping in camp structures on City property is permitted,
regardless of the availability of shelter space, in the following locations:
a.
Within 100 feet (approximately the length of a regulation basketball court) of
a structure containing a residential dwelling unit (as defined by the 2021
International Building Code, as amended and adopted by the Montana Department
of Labor and Industry).
b.
Within 100 feet of a public entrance of any commercial business or non-profit
organization.
c.
Within 300 feet (approximately the length of a standard City block) of any
parcel or lot containing any public or private school, including secondary,
elementary, or preschool, or any lot or parcel containing a daycare.
d.
Within 300 feet of any shelter facility (e.g. those providing shelter to
unhoused populations, victims of domestic violence, transitional housing, etc…)
e.
Within 300 feet of an area designated by the Mayor as safe parking sites or
designated temporary camping sites.
f.
Within conservations lands regulated by Chapter 12.40.
g.
Within City parks regulated by Chapter 12.40.
h.
On or within 10 feet of a bike lane, public pathway, trail, or trailhead, or so as to block free passage on a sidewalk (sidewalks must
have six feet of clear, unobstructed space).
i. Within 50 feet of the high water mark
for the Clark Fork River, Bitterroot River, Rattlesnake Creek, or Grant Creek,
including any side channels or backwaters thereof, where those waterways are
located within City limits.
j.
Areas temporarily or permanently signed or designated on the City’s urban
camping webpage as no camping due to environmental degradation or because of
public health, safety and or welfare concerns.
3.
Manner: An Unsheltered Individual camping or utilizing a camp structure
on City property (for the purposes of this subsection referred to as “campers”)
shall abide by the requirements of this subsection. Failure to abide by the
affirmative requirements outlined below shall be a violation enforceable as
laid out in this Chapter.
a.
Campers must maintain access to private property or businesses, leaving
entrances/exits unobstructed.
b.
Campers must keep property clean, sanitary and safe, and thus must properly
dispose of all garbage, debris, unsanitary or hazardous materials, sewage, drug
paraphernalia, syringes, or other evidence of conspicuous drug use in
accordance with the provisions of Chapter 8.28. Personal items, when not
actively being used, must be stored inside a camp structure. Pet waste must be
properly disposed of and pets must be leashed.
c.
Campers shall not start or maintain any fire for the purpose of burning any
combustible material. CSA or ULC approved portable camp cooking stoves that
have a maximum flame length not exceeding 15 cm are allowed and not considered
prohibited fires. d. Campers shall not camp within the paved boundaries of a
street.
e.
Campers shall only use camp structures that are readily and easily portable,
such as tents and similar packable structures; and shall not erect, install,
place, leave or set up any type of permanent or temporary fixture or structure
(for example wood or pallet structures) in or upon City property.
f.
Campers must protect sensitive environmental areas, for example by: (1) not
dumping or disposing of waste or garbage in rivers, ponds, waterways or
wetlands; (2) not damaging vegetation/trees or infrastructure; and (3) not
digging, excavating, terracing soil, cutting vegetation/trees, altering the
ground or infrastructure or other cause environmental damage in or around a
camp structure.
(Ord. 3763,
2024; Ord. 3747, 2024)
12.60.040 Designated
Temporary Camping Sites and Safe Parking Sites
A. City
to Permit Designating Camping/Parking Sites. The City may permit camping sites
and safe parking sites on City property or on private property where the owner
of the property is voluntarily willing to allow use of their property under
agreed upon terms and conditions enforceable by the City. City Council may
approve the permit if it is deemed feasible, practicable, and in the public
interest. If a service provider organization is willing to operate a permitted
designated camping or parking site, the City may make City-owned parcels
available to that organization to operate such a site or sites if the City and
the organization agree on program terms and conditions. If a service provider
organization is willing to operate a designated camping or parking site, the
City may make City-owned parcels available to that organization to operate such
a site or sites if the City and the organization agree on program terms and
conditions.
B. Rules
for Temporary Camping Sites. In the event a temporary camping site is located
on City property, no more than 30 camp spots may be located within each site.
Individual camp spots should be no more than 10’x10’ in size. The City shall
provide bike racks for bikes, so that they will not be stored within the camp
spot. The camp shall have a central cook space, so that cooking does not occur
within a camp spot. The City shall develop rules for the possession and storage
of volatile chemicals (e.g. propane, gas, etc…). The
Fire Department shall develop and post rules concerning the use of heat sources
within the camping site. No open drug use or disruptive behavior shall be
allowed within the camp site. The Mayor, or their designee, shall develop other
rules of occupancy for the site, including quiet hours that run from at least
10:00pm to 7:00am.
C. Rules
for Safe Parking Sites. The Mayor is authorized to make rules concerning safe
parking sites either generally or based upon the circumstances of each site.
D. Agreements
with Property Owners Authorized. The Mayor is authorized to execute agreements
with private property owners to allow limited camping on private property where
the owner of the property is voluntarily willing to allow use of their property
for such purposes. Such agreements shall spell out the rules governing the use
of the property for such a program, including a maximum number of occupants of
a site, rules of occupancy for the site, as well as how campers will be
selected for the site (e.g. owner’s selection/designation; lottery; first
come-first serve, etc…). The City shall enforce the
terms of such agreements, including, when requested by the owner of their
designated agent, the removal of individuals who violate the rules of
occupancy.
(Ord. 3763,
2024; Ord. 3747, 2024)
A. Policy
Goal and Required Pre-Enforcement Actions. The City believes that enforcement
of the rules applicable to an Unsheltered Individual is best achieved through a
graduated response with enhanced resources and incentives provided before
citations or judicial enforcement is pursued. The City believes that any
enforcement action should compassionate and should attempt to minimize adverse
impacts on the individuals subject to the enforcement to the extent feasible
and practicable under the circumstances.
1. Site
Assessment and Monitoring Process. The City shall develop and
implement a site assessment, monitoring, and prioritization process to evaluate
sites to determine whether enforcement action is justified or whether
monitoring and connecting to services may remediate the documented problems.
2. Required
Outreach. Before conducting an enforcement or abatement action
against an individual a city official enforcing this Chapter must:
i. Refer
an Unsheltered Individual camping on City property or public streets to an
available shelter facility or other available temporary housing;
ii. [Repealed]
iii. Provide
information, in written or verbal format, concerning other available support
services for individuals in the situation of the Unsheltered Individual
creating the enforcement concern.
B. Violations.
1. [Repealed]
2. Violations
to Be Enforced as a Misdemeanor Offense. Violations of this Chapter
are a misdemeanor offense. If the City or private party incurs costs to
remediate the area around an individual’s camp structure due to violations of
the Time, Place, and Manner requirements above, those costs may be imposed as
restitution.
3. Deferred
Imposition of Sentence. The City shall offer a deferred
imposition of sentence to an individual for their first citation issued to
enforce the terms of this Chapter. If no further offenses under this Chapter
occur for a period of six months after the deferred imposition of sentence is
ordered, the first offense shall be dismissed.
4. Penalty
Authorized. Violations of this Chapter are a misdemeanor offense
punishable by a $50 fine. Jail time is not an authorized penalty under this
Chapter.
C. Abatement.
1. 120-Hour
Notice for Unsanitary or Unsafe Conditions on City Streets.
Except as provided in subsection 2 and 3 below, for violations necessitating
abatement due to violations of the regulations set out in this Chapter or
otherwise due to unsanitary or unsafe conditions, the City may abate or cause
to be abated any debris, trash, camp structure, property, or item left on City
property or the public right-of-way by posting a 120-hour notice on or near the
camp structure. After 120 hours, any property remaining will be considered
abandoned. No notice is required to abate a violation posing an imminent risk
to public health or safety.
2. 72-Hour
Notice for Unsanitary or Unsafe Conditions on City Property (Not Including
Streets). Except as provided in subsections 1 and 3 herein, for
violations necessitating abatement due to violations of the regulations set out
in this Chapter or otherwise due to unsanitary or unsafe conditions, the City
may abate or cause to be abated any debris, trash, camp structure, property, or
item left on City property (not including City streets) by posting a 72-hour
notice on or near the camp structure. After 72 hours, any property remaining
will be considered abandoned. No notice is required to abate a violation posing
an imminent risk to public health or safety.
3. 24-Hour
Notice for Violations of Time or Place Regulations. The
City may remove or cause to be removed any camp structure in violation of the
Time or Place regulations after posting a 24-hour notice on or near the camp
structure. After 24 hours, any property remaining will be considered abandoned.
No notice shall be required if the camp structure is impeding or obstructing
traffic or poses an imminent risk to public health or safety.
4. Notice
Contents. Where notice is required prior to abatement, the notice
shall contain information related to the regulation being violated, possible
remedies that would resolve the need for abatement, and the timeframe to come
into compliance. The notice shall also contain the following statement:
You
must remove your belongings from the site within the timeframe stated on the
notice. You should not leave behind any belongings you want to keep. All
belongings left behind will be removed by the City. Items that are clearly
discarded or valueless, hazardous, soiled, or subject to rotting or spoiling
will be discarded. The City will store remaining personal property for a period
of 30 days. The City will post an Impound Notice if belongings are stored
during the clean-up process.
If
you think your belongings were stored, you can claim them by following the
directions on the Impound Notice after the clean-up is complete. Information
about how to claim your belongings is also available on the City’s website. You
may retrieve any stored belongings without being asked about your criminal
background or outstanding warrants.
5. Procedure
During Abatement. When shelter is available, the City shall
provide shelter service information to any person occupying the area to be
abated. The City shall evaluate reasonable requests for additional time or
assistance to remove items and may accommodate those requests to the extent
practicable. Any person who returns to an encampment during an abatement shall
be allowed to remove their personal property from the site. The City shall
document the abatement through photograph or video recording before the
abatement begins and at the time of completion. The City shall also photograph or video record all items to be stored.
6. Weather
During Abatement. Staff shall monitor the weather leading up to
the event to determine whether there may be extreme weather events (such as
extreme heat, cold, rain or snow) that could create health or safety risks to
unhoused individuals or staff during the abatement event, and if such risks
exist the abatement should be delayed until the event passes.
7. Abandoned
Personal Property. Unclaimed or abandoned items found in an
abatement site shall be eligible for storage if: circumstances indicate that
the item belongs to a person, the item has apparent utility in its current
condition and circumstances (i.e. the item is not damaged, deteriorating, or
falling apart), and the item can be safely retrieved from the site.
i. Examples
of items potentially eligible for storage include identification and associated
paperwork, medication stored in medication bottles with identifying
information, and items that reasonably appear to have sentimental value in
their current condition. An item need not be in a new or perfect condition to
have apparent utility.
ii. An
eligible item found during an abatement shall be put into storage and be able
to be reclaimed for a period of 30 days, unless it meets one the following
disqualifying conditions:
1. hazardous,
including items contaminated with human waste, animal waste, or bugs,
explosives, weapons, liquids, drug paraphernalia, or mold;
2. likely
to become hazardous in storage, including perishables, wet materials that might
become moldy, and items covered in mud;
3. practically
un-storable, due to large size, weight, or other
similar characteristic;
4. contraband
or stolen; or
5. is on
the City’s current list, published on the City’s website, of common types of
items that, in the experience of City staff, individuals regularly abandon
during abatement, and there is no contrary indication as to the specific item.
iii. The
City shall place a notice of the location to claim stored items at the
abatement site. A person may retrieve stored items based on a description with
sufficient specificity to demonstrate ownership. A person may retrieve stored
items without inquiry into the person’s criminal background or outstanding
warrants.
8. Towing
Vehicles; Costs. In the event a Vehicle camp structure
belonging to an Unsheltered Individual is towed and/or impounded by the city,
no fees will be associated with the towing or impoundment; however any costs
incurred by the City to cleanup public or private property surrounding the
towed vehicular camp structure, due to accumulation of garbage and refuse
around the vehicle, must be paid to the City before the vehicle is released. In
the event the city tows or causes to be towed the same vehicular camp structure
more than two (2) times due to violations of this Chapter, costs of towing and
impoundment may be assessed.
9. Rescheduled
Abatements. If abatement is delayed or rescheduled, the City may
conduct abatement within seven days of the posted Notice of Clean-Up without
reposting a new Notice of Clean-Up. If abatement is delayed longer than seven
days, the City shall repost a Notice of Clean-Up with a new date.
D. Authority
to Enforce.
1. Citation
Authority. Citations for a violation of this Chapter may be issued
and enforced by any city law enforcement officer.
2. Abatement/Removal
Authority. Determinations regarding abatement or emergency removal
without notice shall be made by the Director of Public Works, the Director of
Parks and Recreation, or the Director of Community Planning, Development, and
Innovation or their designee.
(Ord. 3763,
2024; Ord. 3747, 2024)
12.60.060 Annual Review of Urban Camping, Programs, and
Regulations.
The
City Council shall annually review the state of urban camping in the City, as
well as the programs that support the Unsheltered Individuals who are urban camping
in the City. Additionally, during this annual review, the City Council shall
review the regulations that apply to urban camping, and determine whether to
amend, repeal, or leave in place such regulations.
(Ord. 3763,
2024; Ord. 3747, 2024)