Title 2
Chapters:
2.22 Compensation for City officials
2.24 Compensation for Board Members
2.28 Parks and Recreation Board
2.36 Bureau of Fire Prevention
2.38 Fire Prevention Outside City
2.48 Board of Library Trustees
2.70 Departmental Reports to Council
2.80 Residency Requirements for Emergency Public
Safety Employees
2.82 Establishment of Continuous Residency
Requirements for City Senior Leadership
2.84 Historic Preservation Commission (Repealed)
2.86 Capital Improvement Program Fund
2.92 Records
and Information Governance Program
2.96 Bicycle Pedestrian Advisory Board
* Current salary resolutions for city
officials are on file in the city clerk's office. For provisions concerning
the city zoning officer, see Chapter 19.80; for
the zoning commission, see Chapter 19.82; for the board of adjustment, see Chapter 19.84; for the zoning design
review board, see Chapter 19.86; for the cemetery board of trustees, see
Chapter 12.44.
Sections:
2.02.010 Duties
designated. The mayor is the chief executive
officer of the city and shall:
A. Nominate
and, with the consent of the council, appoint all non-elective officers of the
city provided for by the council, except as provided by state law;
B. When he may deem proper, suspend and, with the
consent of the council, remove any non-elective officer, stating in the
suspension or removal the cause therefor;
C. Cause
the ordinances of the city to be executed and supervise the discharge of
official duties by all subordinate officers;
D. Communicate to the council at the beginning of
every session, and more often if deemed necessary, a statement of the affairs
of the city with such recommendations as he may deem proper;
E. Recommend to the council such measures
connected with the public health,
cleanliness and ornament of the city and the improvement of the government and
finances as he deems expedient;
F. Approve all ordinances and resolutions of the
council adopted by it. In case the same do not meet his approbation, he shall
return the same to the next regular meeting of the council with his objections
in writing, and no ordinance or resolution so vetoed by the mayor shall go into
effect unless the same be afterwards passed by two-thirds vote of the whole
number of the members of the council;
G. Veto any objectionable part of a resolution or‑ordinance
and approve the other parts. If the mayor fails to return any resolution or
ordinance to the council, the same shall take effect without further action;
H. When he may deem proper, call special meetings
of the council. He must state the object of such meeting at the time of calling
same, and the business of the meeting must be restricted to the stated object;
I. Cause
to be presented, once every three months, a full and complete statement of the
financial condition of the city;
For statutory
provisions on the powers of the mayor, see MCA §§7‑4‑4303‑‑7‑4‑4306,
7‑4‑4114(2), 7‑5‑4102(1),
7‑5‑4122,
7‑5‑4205 and 7‑5‑4206.
J. Bid in for the city any property sold at a tax
or judicial sale in which the city is a party or interested;
K. Have in his control the seal of the city;
L. Take and administer such oaths as he deems
proper;
M. When he may deem proper, call on any citizen of
the city over the age of eighteen years to aid in the enforcement of the laws
and ordinances in case of riots; call out the militia to aid him in suppressing
the same or other disorderly conduct, in preventing and extinguishing fires,
for securing the peace and safety of the city and for carrying into effect any
law or ordinance. Any person who does not obey such call shall forfeit to the
city a fine not exceeding twenty‑five dollars;
N. When he may deem proper, require of any of the
officers of the city an exhibit of his books and papers;
0. Grant pardons and remit fines and forfeitures
for offenses against city ordinances when in his judgment public justice would
be thereby served; but he must report all pardons granted, with the reasons
therefor, to the next regular council meeting;
P. Perform such other duties as may be prescribed
by law or by resolution or ordinance of the council;
Q. Have such power as may be vested in him by
ordinance of the city in and over all places within five miles of the
boundaries of the city for the purpose of enforcing health and quarantine
ordinances and regulations thereof. (Prior code §2‑33.1).
Sections:
2.03.010
Statement of purpose.
2.03.030
Administrative rule defined.
2.03.060 Construction and effect.
2.03.070
Right of repeal‑‑Amendment.
2.03.010
Statement of purpose. The purpose of this chapter is to
provide the mayor with the authority to adopt administrative rules pursuant to
Section 7‑1‑4126 MCA which states, "the governing body may by
ordinance authorize the Chief Executive to adopt administrative rules." It
is imperative that the mayor have the power to adopt administrative rules for
the following reasons:
A. In order for the mayor to perform his/her responsibility of
administering city ordinances and resolutions, it is desirable and necessary
that such city ordinances and resolutions be implemented through city policy
and practice in a personnel policy manual and/or an administrative rule book;
B. It
is desirable and necessary for the mayor to exercise authority over the
activities and personnel in city administration;
C. In order to insure consistency of
policy and procedure, it is desirable and necessary
for the mayor to refer to written administrative rules in administering city
services and supervising city activities and personnel in a fair and equitable
manner; and
D. It is desirable and necessary that city
practices and procedures be written so that all affected parties can readily
ascertain what is expected of them. (Ord. 2232 §1, 1981).
2.03.020 Authority. The
mayor is authorized to adopt administrative rules pursuant to Section 7‑1‑4126
MCA and as provided in this code. (Ord. 2232 §2, 1981).
2.03.030 Administrative rule defined.
An administrative rule, for the purposes of this chapter, is a city regulation,
standard, or statement of general applicability that implements, interprets, or
prescribes city law or policy or describes city practice or procedure. (Ord.
2232 §3, 1981).
2.03.040 Application. This
chapter shall include but not be limited to
A. Personnel policy rules and procedure;
B. City motor vehicle use;
C. Implementation of all city ordinances
and resolutions;
D. Descriptions of city policies and
practices. (Ord. 2232 94, 1981).
2.03.050 Public
notice. For two weeks prior to adoption, all
administrative rules under consideration shall be posted in the city clerk's
office. All administrative rules so adopted shall be entered into an
administrative code that is available in the city clerk's office. (Ord. 2232
§5, 1981).
2.03.060 Construction
and effect. No administrative rules adopted
pursuant to this chapter shall conflict with or supersede any duly passed
ordinance or resolution of the city council. (Ord. 2232 §6, 1981).
2.03.070 Right of
repeal‑‑Amendment. The city council reserves the right
and authority to enact ordinances or resolutions repealing or amending
regulations promulgated pursuant to this chapter. (Ord. 2232 §7, 1981).
2.03.080 Savings
provision. This chapter does not affect rights
and duties that matured or proceedings that were begun before the effective
date of the ordinance codified in this chapter. (Ord. 2232 §8, 1981).
FEES FOR SERVICES
Sections:
2.04.010 Statement
of purpose.
2.04.020 Form of implementation.
2.04.010 Statement of
purpose. The purpose of this chapter is to
establish a procedure for the adoption, amendment or repeal of fees for
services provided by the city pursuant to the legislative power granted a
municipality pursuant to Section 7‑1‑4123, MCA, authorizing the
adoption, amendment and repeal of ordinances and resolutions required in order
to impose a special assessment reasonably related to the cost of any special
service or special benefit provided by the municipality or impose a fee for
the provision of a service. (Ord. 2520 §1, 1986).
2.04.020 Form of
implementation. Pursuant to the legislative power
granted to it pursuant to Section 7‑1‑4123, MCA, for the purpose of
adopting, amending or repealing a special assessment reasonably related to the
cost of any special service or special benefit provided by the municipality or
imposing a fee for the provision of a service, all such fees shall be adopted,
amended or repealed pursuant to either an ordinance or resolution adopted by
the city council. Once any fee is established pursuant to the power and
authority of Section 7‑1‑4123, MCA, and it is necessary to
establish procedures for the imposition and/or collection of any fee, the mayor
may implement any necessary procedure pursuant to the mayor's authority to
adopt administrative rules pursuant to Ordinance 2232*, adopted October 26,
1981. Any proposed administrative rule implementing any necessary procedure
shall be submitted to the city council for comment prior to actual
implementation. (Ord. 2520 §2, 1986).
* Editor's Note: Ordinance 2232 is codified in Chapter 2.03 of this code.
Sections:
2.06.030 Meetings‑‑Time and place.
2.06.040 Special
meetings‑‑Calling.
2.06.010 Powers
generally.
The city council has and shall exercise all legislative powers,
functions and duties
conferred upon
the city or its officers. (Prior code 52‑4).
* For
statutory provisions on powers of city council, see MCA §7‑5‑4101;
for provisions regarding the authority of the council to determine rules for
its proceedings, see MCA 5§7‑5‑4103 and 7‑5‑4123.
A.
The city council shall make all orders for the doing of work or the making or
construction of any improvement, bridge or building.
B. It shall levy all taxes, apportion and
appropriate all funds, and audit and allow all bills, accounts, payrolls and
claims and order payment thereof.
C. It shall make all assessments for the cost of
street improvements, sidewalks, sewers and other work, and improvements or
repairs which may be specially assessed.
D. It shall make or authorize the making of all
contracts, and no contract shall
bind or be obligatory upon the city unless made and approved either by a roll
call vote of the city council, ordinance or resolution adopted by the council
or pursuant to any other approval procedure established and adopted by the city
council. All contracts and all ordinances and resolution making or authorizing
the making of contracts shall be drawn by the city attorney, or approved by
such officer as to form before the same is made or passed.
E. The council may, from time to time, require
any superintendent or officer to report to the council in writing respecting
the business of his department or office on matters connected therewith. (Ord.
2943 §1, 1995: Ord. 2654 §1, 1989; prior code §2‑6).
2.06.030 Meetings‑‑Time and place.
The city council shall hold regular meetings on the first, second, third and
fourth Mondays of each month, at an hour set forth in the city council rules.
The council may adjourn any regular meeting at any
specific time, and such adjourned meeting shall be considered a regular meeting
for the transaction of all business which may come before the council. (Ord.
2943 §2, 1995; prior code §2‑7).
2.06.040 Special
meetings‑‑Calling. Special meetings may be called, from
time to time, by the mayor, or by eight councilmen, upon written notice thereof
being given by the city clerk to all of the members of
the council in the city, and special meetings may be held at any time, without
notice, when all members of the council are present. (Prior code §2‑8).
2.06.050 Quorum. A
majority of the members of the council constitute a quorum for the transaction
of business, but a less number may meet and adjourn to any time stated and may
compel the attendance of absent members, under such rules and penalties as the
council may prescribe. (Prior code §2‑9).
2.06.060 Presiding
officer. The mayor, and in his absence, or his
inability to act, the president of the council, shall preside at all meetings
of the council. In the event of the absence of both the mayor and the president
of the council, or their inability to act, the vice president of the council,
shall preside at all meetings of the council. In the event of the absence of
the mayor, the president of the council and the vice president of the council,
or their inability to act, the council may appoint one of its members to preside.
(Ord. 2654 §2, 1989; prior code §2‑10).
2.06.070 Place of
meetings. All meetings of the council shall,
unless otherwise ordered by the council, be held in the council chambers at
city hall. (Prior code §212) .
CITY ATTORNEY*
Sections:
2.08.020 Private practice prohibited.
2.08.030 Delivery of papers to successor.
2.08.040 Appointment of City Attorney
A. The city attorney shall, upon the expiration
of his term of office, or his resignation thereof, or removal therefrom,
furnish the city council with a full and complete report of all cases pending
in the courts of record in which the city is interested as a party thereto.
B. The city attorney shall, when requested by the
city council, furnish a report in writing to the city council, containing a
statement of all suits instituted and pending in the courts of record in which
the city is plaintiff or defendant, in which report shall be stated the names
of all defendants and plaintiffs, the nature of the actions, the date of commencement
and the several steps that may have been taken in court during his term of
office to bring such suits to a final determination, to be accompanied with
such explanatory remarks as he may deem fit to append to the end that the
council may be kept fully advised of the legal affairs of the city. (Prior
code §231) .
* For statutory provisions on the city
attorney, see MCA §§7‑4‑4601‑‑7‑4‑4605.
2.08.020 Private
practice prohibited. The city attorney shall be a full‑time
officer of the city and shall not engage in any private practice. His office
shall be established in the Missoula City Hall. (Ord. 1811, 1977).
2.08.030 Delivery of papers to successor.
Upon the expiration of his term of office, or his resignation thereof, or
removal therefrom, the city attorney shall forthwith, on demand, deliver to his
successor in office all papers in his hands belonging to the city and all
papers in actions prosecuted or defended by him, then pending or undetermined.
(Prior code §2‑30).
2.08.040
Appointment of City Attorney. The
mayor, with the advice and consent of a majority of
the city council, may appoint a city attorney. (Ord. 3301 §1, 2005)
PUBLIC
WORKS DEPARTMENT
Sections:
2.10.020 Director of public works‑‑Duties
generally.
2.10.030 Assistant
director of public works‑‑Duties generally.
2.10.040 City engineer‑‑Duties generally.
2.10.010 Composition.
The public works department of the city
shall consist of a public works director, assistant public works director, and
various divisions consisting of the streets division, sewer facilities
division, vehicle maintenance division, and other divisions as determined by
the city council. (Ord. 3492, 2013; Ord. 2655 §1, 1989).
2.10.020 Director of
public works‑‑Duties generally.
A.
The director of public works shall manage and have
charge of repair and maintenance of streets, sidewalks, alleys, lanes, bridges,
viaducts, and other public highways; of watercourses; of boulevards, squares
and other public places and grounds belonging to the city or dedicated to
public use, except parks and playgrounds and buildings not part of the
department. The Director shall
coordinate with the Development Services Director to implement construction and
improvement projects and the making and preservation of all surveys, maps,
plans, drawings, and estimates for Public Works and Development Services. The Public Works Director shall manage sewage
collection and disposal facilities and all public utilities of the city. They shall have charge of the cleaning,
sprinkling, and lighting of streets and public places; and the preservation of
contracts, papers, plans, tools and appliances belonging to the city and
pertaining to the department.
B. He/She shall be the
supervisor of plats of the city. He/She shall see
that the regulations governing the platting of all
lands in regard to streets, alleys, drainage and
public utilities are conformed with.
C.
The director of public works may also be the city engineer or may designate
another city official to serve in that capacity.
D. The director of public works shall serve as
street commissioner and be responsible for the duties of that position as
specified by the Montana Codes Annotated. (Ord. 3492, 2013; Ord. 2655 §2,
1989).
2.10.030 Repealed. (Ord. 3492, 2013; Ord. 2655 §3, 1989).
2.10.040 Repealed. [Codifier’s
note: In 2013, this section was
repealed and recodified as Section 2.11.050] (Ord. 3492, 2013; Ord. 2655 §4, 1989, prior
code §2‑32).
Chapter 2.11
Sections
2.11.010 Development
Services Established
2.11.030 References
to Office of Planning and Grants in City regulations
2.11.040 Development
Services Director—duties generally
2.11.050 City
Engineer—duties generally
2.11.060 Building
Official—powers and duties
2.11.070 Building
Official—method of appointment
2.11.080 Jurisdiction
for municipal building official
2.11.010 Development Services
Established
The Development Services office is hereby established. Development Services is responsible for the
effective provision of services to the community on the city’s behalf including:
administration, planning, engineering, code compliance, permitting, land
use, transportation services, and public and private building/construction
projects. (Ord. 3491, 2013)
Development Services shall include a Development Services Director,
Assistant Director, City Engineer, Certified Building Official and various
divisions including: Planning, Development and
Building Review, Transportation Services and Engineering. The Development Services Director shall be
appointed by the Mayor with the advice and consent of City Council. The Development Services Director may appoint
a person to serve as Assistant Director who shall assist the Development
Services Director in carrying out the duties prescribed herein. (Ord. 3491,
2013)
2.11.030 References to Office
of Planning and Grants in regulations
Wherever there is a reference to the “Office of Planning and Grants”
or any of its subdivisions in city laws,
city regulations and plans, city contracts, city agreements or letters
pertaining to the city, after January 1, 2013, such reference shall be
understood to mean Development Services. (Ord. 3491, 2013)
2.11.040 Development Services
Director—Duties generally. The Development Services Director shall
operate under the supervision of the Chief Administrative Officer and the
Mayor. The Development Services
Director may designate one or more employees to assist in carrying out the
following duties:
A. The
Development Services Director shall plan, direct, oversee and administer the
activities and operations of Development Services for the City of Missoula in
accordance with state and local laws and regulations.
B. The
Director shall serve as the city’s zoning officer/official and shall administer
the City’s zoning regulations, including Title 20 Missoula Municipal Code; and
C. The
Director shall be responsible for the administration and maintenance of City
Council adopted land use policies, laws and plans.
D. The
Director shall serve as the city’s street commissioner and is responsible for
administration and management of the
City’s right-of-way; and
E. The
Director is charged with supervising plats of the city and shall see that
regulations governing the platting of all lands conform to regulations approved
by the City; and
F. The
Director shall coordinate and cooperate with City and County personnel to
ensure the efficient and effective delivery of services.
(Ord. 3491, 2013)
2.11.050 City engineer—Duties
generally.
The city engineer shall perform such duties as specified by the
Development Service Director, those duties as specified in the Montana Code
Annotated, and other such duties as specified in this code. The City Engineer may also serve as a
division head in Development Services. (Ord. 3491, 2013)
2.11.060 Building
Official—Powers and duties
A. The city establishes the building
inspection division of the Development Services office, as the Building Code
enforcement agency, exclusive of the International Fire Code, for the city and
its jurisdictional area. The division shall be under the administrative and
operational control of the building official. (Ord. 3491, 2013)
B. The powers and duties of the building
official are as set forth in the state building codes which are adopted by the
city. All reference in these codes to
the "authority having jurisdiction" shall refer to the building official.
(Ord. 3491, 2013)
2.11.070
Building Official--Method of appointment.
The building
official shall be appointed in the same manner as all other division heads
within Development Services. (Ord. 3491, 2013)
2.11.080 Jurisdiction for municipal building
official.
The Building
Official has jurisdiction and authority
as authorized by Montana state law. (Ord. 3491, 2013)
CITY
JUDGE*
Sections:
2.12.030 Acting judge‑‑Procedure.
2.12.040 Acting judge‑‑Compensation.
2.12.050 Acting judge‑‑vacation.
2.12.010 Duties generally.
It shall be the duty of the municipal judge to keep the docket required by the
laws of the state to be kept by justices of the peace, to hear and determine
all cases that may be instituted in the municipal court under the ordinances of
the city, and to pay all fines collected for the violation thereof to the city
treasurer daily or oftener if required. (Ord. 2051 §6, 1979; prior code §2‑26).
* For statutory provisions on the city judge,
see MCA 553‑6‑201‑‑3‑6‑203.
2.12.030 Acting judge‑‑Procedure.
When the judge of the municipal court has been disqualified or is sick or
unable to act, the judge shall call in a practicing attorney of the county in
which the court is located, who shall be acting judge with the same powers for
the purposes of such cause as the judge of the municipal court. (Ord. 1860 §1,
1977) .
2.12.040 Acting judge‑‑Compensation.
Whenever an acting judge is called in to preside over municipal court, the
amount of his or her compensation shall be the same as that of the municipal
court judge. In all cases in which an acting judge is called in to preside over
the municipal court, the compensation of the acting judge shall be based on the
number of hours actually worked. (Ord. 1860 §2, 1977)
.
2.12.050 Acting judge‑‑Vacation. The city will provide compensation for an acting judge to
replace the municipal court judge during vacation for a period not to exceed
three weeks each year. Should the municipal court judge retire, or his or her
term expire without having taken three weeks' vacation, the judge shall not be
entitled to compensation for the unused leave. (Ord. 1860 §3, 1977).
CITY TREASURER*
Sections:
2.16.010 Violation of bond.
It shall be a violation of the treasurer's bond if he deals in, uses or
speculates upon, directly or indirectly, either by agent or by associating
himself in business with a partner or partners, by buying or selling, or in any
other manner, city warrants, orders or other evidence of indebtedness to the
city, or if he applies in any manner any money of the city, warrants or funds,
in his possession as treasurer, to his private use or benefit, and he shall be
prosecuted therefor as provided by law. (Prior code §2‑29).
* For statutory provisions on the city
treasurer, see MCA §§7‑6‑4104‑‑7‑6‑4106, 7‑6‑4402,
7‑6‑4601 and 7‑6‑4602.
CITY OFFICERS GENERALLY*
Sections:
2.18.010 Appointments generally.
2.18.020 Council authority to appoint deputies and assistants.
2.18.010 Appointments generally.
The mayor is empowered, with the advice and consent of the city council, to
appoint a city attorney, city clerk, city treasurer, chief of police,
fire chief, public works director and any other officers necessary to carry out
the provisions of Title 7, MCA. The city
council may by ordinance prescribe the duties of all city officers and fix their
compensation. (Ord. 3019, 1997; Ord.
2657 §1, 1989; prior code §2‑13).
2.18.020 Council
authority to appoint deputies and assistant. The council may from time to time authorize
and empower the department heads to appoint such deputies and assistants as may
be necessary and required in the different offices of such departments
consistent with federal and state employment laws and the city's personnel
policies for hirings. (Ord. 2657 §2, 1989; prior code §2‑15).
CITY OFFICERS' BONDS"
Sections:
2.20.010 Required amounts‑‑Approval‑‑Filing.
2.20.010 Required
amounts‑‑Approval‑‑Filing.
A.
The following officers shall furnish the city a surety bond, conditioned upon
the faithful performance of their duties or trusts, in the following amounts:
1. City
clerk $ 5,000.00
2. City
treasurer $100,000.00
3. Deputy
city treasurer $ 10,000.00
4. Municipal
court judge $ 5,000.00
5. Clerk
of municipal court $ 5,000.00
6. Building
inspector $ 5,000.00
B. The city council may require bonds for city
officers and employees in addition to those enumerated in this section. All
bonds must be conditioned according to law and in such amounts as the council
may determine.
C. All official bonds enumerated in this section
must be approved by the city council.
D. All official bonds enumerated in this section,
after approval by the city council, shall be filed with the city clerk, except
the bond of the city clerk, which must be filed with the city treasurer. (Ord.
2051 §5, 1979: Ord. 1809, 1977; prior code §2‑22).
* For
statutory provisions on the duties of a city clerk, see MCA §§7‑4‑4501‑‑7‑4‑4503,
7‑5‑4409, 7‑6‑4107 and 7‑6‑4403;
for provisions on the authority of the council to abolish appointive officers,
see MCA §7‑4‑4105; for provisions on the consolidation of offices
by the council, see MCA §7‑4‑4106.
** For statutory provisions on bonds of city
officers, see MCA §§29‑801‑‑29‑805.
COMPENSATION
FOR CITY OFFICIALS
Sections:
2.22.010 Salaries
of city officials and employees.
2.22.010 Salaries of
city officials and employees. The
city council shall determine by ordinance or resolution the salaries and
compensation of elected and appointed city officers and all city employees,
which may be accomplished pursuant to the annual adoption of an ordinance or
resolution establishing the city budget. (Ord. 2658 §1, 1989: Ord. 2051 §9,
1979).
COMPENSATION
FOR BOARD MEMBERS
Sections:
2.24.010 Compensation of certain board members.
2.24.010 Compensation
of certain board members. All members of the city‑county
library board, park and recreation board, board of trustees of the cemetery,
zoning commission, board of adjustment, parking authority, housing authority,
urban renewal board, city‑county planning board, animal control board,
design review board, city‑county health board, historic preservation
advisory commission, citizens advisory committee on open space acquisitions,
building code board of appeals, public art committee, and gambling commission
shall serve without compensation being paid specifically for serving on the
respective board, authority or commission. (Ord. 2659 §1, 1989: Ord. 2051 §3,
1979; prior code §2‑3).
HOUSING
AUTHORITY
Sections:
2.26.010 Purpose.
Based upon the findings and determinations, contained in Ord. 1900, made
upon study, observation and inquiry relating to the available housing to persons
of low income and elderly families and upon the facts presented and discussed
in the public hearing held as mentioned in Ord. 1900, the City Council
concludes that it is to the best interests of the city and all of the
inhabitants thereof as well as the inhabitants of the surrounding area that a
Housing Authority be created and the Mayor be authorized to appoint seven commissioners to act as an authority in
accordance with the terms of the statutes of the state. (Ord.
3265 §1, 2004; Ord. 1900 §1, 1978).
2.26.020 Powers
limitation. The housing authority shall not have
the power to acquire any property by eminent domain. (Ord. 1900 §2, 1978).
Sections:
2.28.010 Established—qualifications--Terms‑‑Oaths.
2.28.020 Powers‑‑Duties‑‑Meetings.
2.28.010 Established—Qualifictions--Terms‑‑Oaths.
A.
There is created and established a parks
and recreation board for the city composed of seven persons to be appointed by
the mayor in consultation with the appropriate city council committee and with
advice and approval of the city council.
B.
The seven appointed members must be at
least 18 years of age, a current resident of the City of Missoula and a United
States Citizen.
C. The
term of office of each parks and recreation board member shall be three years,
their terms commencing May 1st of the year of which they are appointed.
D. The
parks and recreation board shall constitute a city board exercising authority
and empowered as provided in this chapter and Montana state law.
E. The
city park board shall designate one of its members to serve on the city open
space advisory committee.
F. Before
entering upon the discharge of duties, each parks and recreation board member
shall take and subscribe the oath provided by the laws of the state for city
officials, which oath shall be filed in the office of the city clerk.
(Ord. 3640, 2019; Ord. 3010, 1996; Ord. 2868
§1, 1993:‑ prior code §2‑37).
2.28.020 Powers‑‑Duties‑‑Meetings.
A. The city board of parks and recreation shall have such powers, hold
such public meetings with public record minutes provided to the city clerk and
perform such duties as are provided by the laws of the state and any other
powers or duties not inconsistent therewith granted to it by the provisions of
this code or other ordinance of the city.
B. Pursuant to § 7-16-4222, Montana Code Annotated, the city park and
recreation board may exercise the following powers and duties for any park or
open space matter that has not been specifically addressed by city ordinance,
resolution or the applicable portion of the city budget:
1. to make all rules for the use by the public
of parks as well as open spaces, greenways and trails placed under the care and
control of the city parks and recreation board;
2. to make all rules necessary or convenient to
protect and promote the growth of trees and plants in parks, streets, avenues,
alleys, boulevards, and public places under the care and control of the board
and for the protection of all birds inhabiting, frequenting, or nesting in the
parks, streets, avenues, boulevards, and public places; and
3. to provide penalties for the violation of the
rules that do not involve municipal court fines or imprisonment.
C. The city park and recreation board shall
serve as an appellate body for any appeals by a property owner adjacent to any
city boulevard tree for which the city parks and recreation department intends
to remove the tree or trim more than half of the tree's branches. Notice to adjacent property owners and any
appeal shall be pursuant to the city tree ordinance.
D. The mayor and city council retain authority granted to them by state law
in the following areas:
1. To
have all personnel decisions made by the mayor pursuant to the policies and
regulations governing other city personnel decisions;
2. To
have all claims allowed or disallowed pursuant to contract and claim procedures
established by the governing body of the city;
3. To
have all warrants signed by the city clerk and countersigned by the mayor;
4. To determine the city fees for park or
facilities use, admissions, programs or services;
5. To determine the city parks department budget
and any individual program funding; and
6. Any
city management policies with respect to use and management of parks, open
space and trails specifically addressed by city ordinance or resolution. The
city parks and recreation board may provide timely advice and recommendations
to the mayor and city council concerning subsections 4, 5 and 6 or any other
matters related to city parks. (Ord.
3010, 1996; Ord. 2868 §2, 1993; prior code §2‑38).
* For statutory provisions on the board of
park commissioners, see MCA §7‑16‑4201 et seg.
A. The parks and recreation
director shall be appointed by the mayor with the advice and consent of the
city council pursuant to the mayor's general appointment authority in Section
2.18.010.
B.
The city clerk may designate the director as the clerk's designee as ex officio
clerk of the board of park commissioners who shall attend all meetings of the
board and keep correct minutes of all proceedings of the board in a book to be
provided for that purpose with a
copy provided timely to the city clerk for distribution to city elected
officials. (Ord. 3010, 1996; Ord. 2868 §3, 1993; prior code §2‑39).
POLICE
COMMISSION*
Sections:
2.30.020 Duties‑‑Compensation‑‑Officers.
2.30.010 Appointment‑‑Terms.
The mayor shall nominate and, with the consent of the city council, appoint
three residents of the city, who shall have the qualifications required by law
to hold a municipal office therein, who shall constitute a board to be known by
the name of "police commission," and who shall hold office for three
years, except that the first board appointed under the provisions of the ordinance
codified in this chapter shall consist of one member for a term of one year,
one member for a term of two years and one member for a term of ' three years.
One member of such board must be appointed annually at the first regular
meeting of the city council in May of each year. (Prior code §2‑34).
2.30.020 Duties‑‑Compensation‑‑Officers.
The duties of the police commission are such duties as are prescribed by state
law and such other duties as are prescribed in the ordinances of the city. Each
member of the police commission shall be compensated at the rate of ten
dollars per day for each day's attendance at sessions of the police commission
or at hearings or trials before the police commission, not to exceed, however,
the sum of fifty dollars compensation in
any one month. The board may be reimbursed for its necessary expenses. The
board shall select one of their number chairman and one secretary. (Ord. 2051
§8, 1979; prior code §2‑35).
* For statutory provisions requiring a police
commission, see MCA §7‑32‑4151 and 7‑32‑4152.
2.30.030 Records.
The secretary of the commission shall keep correct minutes of all proceedings
of the commission in a book to be provided for that purpose by the city to be
called "record of the police commission," and he shall perform such
other services as the commission may require. (Prior code §2‑36).
POLICE DEPARTMENT*
Sections:
2.32.030 Chief of police‑‑Duties generally.
2.32.040 Chief
of police‑‑Obedience to health officer and public works director.
2.32.050 Assistant chief of police‑‑Duties
generally.
2.32.060 Authority to arrest – extension of
jurisdiction outside city limits
2.32.070 Annual
Report to the City Council
2.32.010 Composition.
The police department shall consist of the chief of police and such number of
policemen as the city council may designate. (Prior code §25‑1).
2.32.020 Duties
generally.
It shall be the duty of the chief of police, assistant chief of police
and all policemen to enforce the ordinances of the city and preserve the
peace, good order and quiet thereof, and also to
enforce therein the criminal laws of the state. (Ord. 2660 (part), 1989; prior
code §25‑5).
2.32.030 Chief of
police‑‑Duties generally.
A.
The chief of police shall direct the planning, organization, coordination and
operation of the police department divisions through the respective division
captains.
B.
The chief of police shall be responsible for carrying out the primary police
tasks which include repression of crime; regulation of conduct; prevention of
accidents and congestion; apprehension of criminals; recovery of stolen
property; gathering of evidence and its preparation for the prosecution of individuals
charged with criminal offenses; elimination of commercialized vice;
investigation of conditions affecting health and moral welfare of the community; and the prevention of crime
committed by juveniles.
C. The chief of police shall develop, execute and
periodically review department policies and procedures.
D.
Within the limits of delegated authority, the chief of police shall be
responsible for the selection, placement, promotion, training, development,
safety, appraisal and discipline of department personnel.
E.
The chief of police shall review and revise the division captains' budget
estimates and consolidate same into a department budget.
F. The chief of police will cooperate with
county, state and federal officers in the apprehension of wanted
persons, and
supervise the preparation of reports for the mayor and city council. He shall
furnish the city council a quarterly summary of the work of his department as
outlined in Section 2.70.020 of this title.
G. The chief of police or his designee
shall attend upon the city court regularly and at the request of city officials
attend meetings and perform related work as well as perform those duties
prescribed by the city council. (Ord. 2660 §1, 1989: Ord. 2049 §3, 1979; prior
code §25‑7).
* For statutory provisions on the police
department generally, see MCA §§7‑32‑4018 and 7‑32‑4113.
2.32.040 Chief of
police‑‑Obedience to health officer and public works director.
A.
The chief of police shall cause to be executed all the orders of the health
officer so far as they may relate to the preservation of the health of the
city.
B. He
shall also execute all the orders of the public works director for the
protection of the streets, alleys and sidewalks of the city, and shall, upon
such order, arrest any and all persons not in the
employ of the city who may be found obstructing or interfering with the same,
without a written permit from the public works director. (Ord. 2660 §2, 1989;
prior code §25‑9).
2.32.050 Assistant
chief of police‑‑Duties generally.
A.
The assistant chief of police shall aid and assist the chief of police in the
performance of his duties, and shall in the absence of the chief of police or
his inability to act, perform the duties of the chief of police, He shall have
the same powers as the chief of police and perform the same duties, and shall
have charge of all the policemen at such times and during such hours as the
chief of police may direct.
B. He shall be subject to the same penalties for
the misfeasance or nonfeasance of duty as is the chief of police. He shall be
subject to the orders of the chief of police in the performance of his duty,
but all policemen shall obey his orders and respect his authority when not in
conflict with orders received from the police chief. (Ord. 2660 (part), 1989;
prior code §25‑10).
2.32.060 Authority to arrest – extension of
jurisdiction outside city limits
Pursuant
to MCA 7-32-4301 (2), this section authorizes Missoula city police officers
jurisdiction and authority to make arrests within five miles of the city
limits. (Ord. 3431 §1, 2010)
2.32.070 Annual Report to the City Council
During December of each
year, the Missoula Police Department shall update the City Council on police
activity initiated outside the Missoula city limits and under the authority of
MMC Section 2.32.060. (Ord. 3431 §2, 2010)
FIRE
DEPARTMENT
Sections:
2.34.020 Chief and assistant chief‑‑Duties
during fire.
2.34.030 Chief and assistant chief‑‑Right
of entry.
2.34.040 Regulation adoption authority.
2.34.010 Composition. The fire department of the city shall consist of a chief,
assistant chief and such number of firemen as the city council may from time to
time designate by ordinance or resolution. (Ord. 2661 §1(part), 1989; prior
code §11‑10).
2.34.020 Chief and
assistant chief‑‑Duties during fire. The chief of the fire department, or, in his absence, the
assistant chief, may, during the progress of any fire, whenever in his judgment
it becomes necessary in order to check or control same, order any building, fence or structure to be cut down
or removed. He shall, with the consent. of the mayor, or with the consent of
two members of the city council, have power to cause any building or structure
to be blown up for the purpose of checking or extinguishing any fire. He shall
have power, with the consent of the city council, to order removed any portion
of any building which may be standing after a fire, whenever, by resolution of
the city council, such portion of any building so remaining may be adjudged to
be dangerous to persons or property. (Ord. 2661 §1(part), 1989; prior code §11‑12).
2.34.030 Chief and
assistant chief‑‑Right of entry. The chief or assistant chief of the fire department shall
have power to enter and examine any building within the city, or within three
miles thereof, in which fire is being used, or is to be used, for the purposes
of inspecting the same; provided, that such inspection be within reasonable
hours; and with the concurrence of the city council, he may condemn such
building and order it rebuilt or repaired. so as to be
entirely consistent with public safety. (Ord. 2661 §1(part), 1989; prior code
§11‑16).
2.34.040 Regulation
adoption authority. The city council shall have the power
to adopt such rules and regulations governing the conduct of members of the
fire department and imposing a penalty for the violation of such rules and
regulations as the council shall deem necessary. (Ord. 2661 §1(part), 1989;
prior code §11‑13).
BUREAU OF FIRE PREVENTION
Sections:
2.36.010 Established. The Bureau of Fire Prevention is hereby established in the
city fire department and shall be operated under the supervision of the chief
of the fire department for the purposes of enforcing the fire code adopted
pursuant to Chapter 15.08.. (Ord. 3436 §1, 2010; Ord.
2662 §l, 1989; prior code §11‑17).
2.36.020 Membership. The
bureau of fire prevention shall consist of a fire marshal and such other
personnel as
the council may
provide. The chief of the fire department may assign such members of the fire
department as inspectors
as shall, in
his opinion, be necessary. (Ord. 2662 §2, 1989; prior code §11‑19).
2.36.040 Repealed. (Ord. 3436 §2, 2010; Ord. 2662 §3,
1989) .
FIRE PREVENTION OUTSIDE CITY
Sections:
2.38.010 Fire prevention outside city.
2.38.010 Fire
prevention outside city. All agreements, contracts or special
provisions that establish special conditions for delivering fire department
services to any corporation, firm, governmental agency or individual located
either inside or outside the city, shall be coordinated through the chief of
the fire department or his designee with the final approval of the city
council. (Ord. 2663 §1, 1989; prior code §11‑34).
ELECTIONS*
Sections:
2.40.010 Precincts. The election precincts of the city shall correspond with the election precincts
within the city as fixed by the board of county commissioners for
state and county elections. (Prior code §8‑1).
2.40.020 Polling
places. The polling places in the election
precincts in the city shall correspond with the polling places fixed by the
board of county commissioners for each election precinct within the city.
(Prior code §8‑2).
Sections:
2.42.015 Assessment
of Municipal Court administrative fees
2.42.017 Administrative
fees and charges assessed prior to May 21, 2018
2.42.020 Municipal court clerk position established.
2.42.030 Limitation of Appeals to State District Court
2.42.010 ESTABLISHED. (1) There is
established in the city municipal court to be known as “The Municipal Court of
the City of Missoula”. The time of such establishment shall be the second day
of May 1977. This section is adopted pursuant to the provisions of MCA Section
3-6-101.
(2) Effective the first Monday of January
2022, January 3, 2022, there shall be two additional elected municipal court
judges for a total of three municipal court judges elected at the November 2,
2021 general city election.
(3) The three municipal court judges
shall adopt a procedure by which they either (A) select a chief municipal court
judge at the beginning of each calendar year; or (B) select a chief judge for a
specific period of time;.
(A)
the procedure shall specify that the chief municipal court judge is selected by
at least two municipal court judges
(4) If the municipal court judges cannot
agree, the municipal court judge with the most seniority shall serve as the
chief municipal court judge. However, if there is no municipal court judge with
seniority, the chief judge shall be the municipal court judge who received the
most votes at the preceding general city election.
(5)The chief municipal court judge shall
provide for the efficient management of the municipal court in cooperation with
the other municipal court judges, and shall:
(A) maintain a
central docket of the court’s cases;
(B) provide for
the distribution of cases from the central docket among the judges in order to equalize the work of the judges;
(C) request the
jurors needed for cases set for jury trial;
(D) temporarily
reassign or substitute judges among the departments as necessary to carry out
the business of the court; and;
(E) supervise
and control the court’s personnel and the administration of the court.
(Ord. 3683,
2021; Ord. 1817, 1977: Ord. 1816, 1977; prior code §2‑40).
the
city into wards, see MCA §§7‑5‑4401(1), (2) and (3), 7‑32‑4108
and 7‑32‑4113.
** For
statutory provisions on municipal courts, see MCA §§3‑6‑101‑‑3‑6‑106,
3‑6‑201‑‑3‑6‑204 and 3‑6‑301‑‑3‑6
303.
2.42.015 Assessment of
Municipal Court administrative fees
Municipal Court shall assess an administrative
fee of twenty-five dollars ($25.00) as part of the disposition of all citations
and complaints, criminal, traffic and parking citation appeals for which there
is a conviction or plea of guilty entered in addition to the regular fines,
surcharges and fees at the time the defendant pleads or is convicted of any
charges.
The Municipal Court shall assess a time
pay fee on all time payment contracts allowed the defendant for payment of
fines, costs and charges in Municipal Court on an installment basis in the
amount of $5.00 for each time pay contract.
The Municipal Court Judge may waive the time pay fee in cases where the
judge determines it is an undue financial burden on the defendant to pay the
fee. Fee waivers granted by the judge
shall be noted in official court records.
Fees and fines collected by Municipal
Court must be deposited in accordance with state law. (Ord. 3611, 2018)
2.42.017 Administrative
fees and charges assessed prior to May 21, 2018
Administrative
fees and charges assessed by Missoula Municipal Court prior to May 21, 2018, in
accordance with resolutions adopted by the Missoula City Council are affirmed
and deemed to be assessed pursuant to this chapter.
Fees and fines collected by Municipal
Court must be deposited in accordance with state law. (Ord. 3611, 2018)
2.42 020 Municipal court clerk position established. Pursuant to state law, the position of municipal court
clerk is established within the municipal court. The municipal court clerk
shall assist the municipal court judge in the recording and signing of court
proceedings as well as in creating, maintaining and retaining municipal court
records. Each year as part of its annual city budget the city council shall set
the salary of the municipal court clerk
and provide for other
necessary expenses that may be incurred in operating the municipal court. (Ord.
2890 §1, 1994).
2.42.030 Limitation of Appeals to State District Court.
A. Appeals from municipal court to state
district court shall be governed by Montana State law and the Montana Uniform Municipal Court Rules of
Appeal to District Court adopted by the Montana Supreme Court.
B. Appeal from a municipal court judgment shall
be limited in the following cases:
1. In civil causes, a
minimum amount in controversy shall exceed $1,000.00, before the district court
has jurisdiction to hear the appeal.
2. In criminal causes,
a minimum amount in controversy, fine or restitution shall exceed $300.00
before the district court has jurisdiction to hear the appeal, except if the
judgment includes incarceration, no minimum fine may be required for appeal.
3. Appeals may be taken in criminal
cases as provided in Montana State law. (Ord. 3062, 1998)
CITY PRINTING*
Sections:
2.44.010 Contract
rejection and award.
2.44.010 Contract
rejection and award. The city council may reject any and all bids on all contracts if the bids are deemed by
the city council to be too high, or if the bidders are deemed irresponsible by
the city council. All contracts awarded by the city council for the performance
of work or services must be let to the lowest responsible bidder. (Ord. 2664
§1(part), 1989; Ord. 2051 §2, 1979; prior code §2‑2).
LIBRARY**
Sections:
2.46.020 Library fund‑‑Tax levy.
2.46.030 Destruction or theft of library property.
2.46.040 Unlawful retention of library property.
2.46.050 Giving
false name or address.
* For statutory provisions on municipal
printing contracts, see MCA §7‑5‑4108.
** For statutory provisions on city
libraries, see MCA §22‑1‑301 et seq.
2.46.010 Established.
There is established in the city for the use of the citizens thereof a free
public library, the same to be under such rules and regulations as may be
prescribed by a board of trustees provided for in Chapter 2.56. (Prior Code §17‑1).
2.46.020 Library fund‑‑Tax
levy. At the same time as other taxes are
levied, the city council shall levy a special tax, not to exceed four and one‑half
mills on the dollar, upon all property in the city, for sufficient funds to
maintain adequate public library service. This shall constitute a separate
library fund and shall not be used for any other purposes. No money shall be
paid out of the library fund except upon order or warrant of the library
board. (Prior code §17‑3).
2.46.030 Destruction or theft or library property.
Any person who shall willfully and maliciously or wantonly and needlessly
destroy, mutilate, deface, break, cut, tear, write upon or in any way injure or
steal, take or carry away, contrary to the library regulations, any book,
pamphlet, newspaper, map, chart, manuscript, plate, picture, engraving, statue
or other property belonging to or deposited in the public library of the city
shall be punished as provided by Section 1.20.010. To the fine and penalty imposed
by such section there shall be added the cost of repairing or replacing the
injured or stolen property. All fines and costs of replacing property so taken
or injured, collected in any prosecution under this chapter, shall be paid to
the city treasurer to the credit of the library fund. (Prior code §17‑2).
2.46.040 Unlawful
retention of library property. It is unlawful for any person to
retain any book, newspaper, magazine, pamphlet, manuscript or other property
belonging to or in or on deposit with the public library or any branch, reading
room or institution operated in connection therewith, for a longer time than
that prescribed by the rules of the library. Upon notice in writing to the borrower
requesting the return of such property it shall be immediately returned. Notice
mailed postage prepaid to the borrower's address on file in the library shall be
deemed sufficient. (Prior code §17‑4).
2.46.050 Giving false
name or address. Any person who knowingly and willfully
gives a false name or wrongful address to the library when borrowing books or
other property shall, on conviction thereof, be deemed guilty of a misdemeanor.
(Prior code §17‑5).
BOARD OF
LIBRARY TRUSTEES
Sections:
2.48.010 Composition‑‑Terms‑‑Vacancy
filling.
2.48.020 Members‑‑Interest in contracts
prohibited.
2.48.050 Rules and regulations.
2.48.060 Powers and duties generally.
2.48.010 Composition‑‑Terms‑‑Vacancy
filling.
A. The affairs of the library shall be managed
by a board of five trustees, one of whom shall be appointed by the mayor, with
the advice and consent of the city council, four of whom shall be appointed by
the board of county commissioners, and at least one of the county
commissioners' appointments shall be a city resident. The trustee appointed by
the mayor must be a citizen and resident of the city.
B. Trustees
shall serve without compensation, but their actual and necessary expenses
incurred in the performance of their official duties may be paid from library
funds. A trustee shall hold his/her office for three‑year terms. A term
expires on December 31st of the year in which it expires. A trustee shall serve
no more than two full terms of three years in succession. (Ord. 2379 91, 1984;
prior Code §17‑6).
2.48.020 Members‑‑Interest
in contracts prohibited.
No members of the board of trustees shall be interested either directly
or indirectly in any contract entered into by the
board, and any contract entered into by the board in
violation of this section shall be absolutely null and void. (Prior Code §17‑11).
2.48.030 Members‑‑Removal.
The city council may at any time, by a vote of not less than two‑thirds
of the members of the
council, remove from office its member of the board of trustees of the public
library. (Ord. 2379 §2, 1984; prior code §17‑7).
2.48.040 Meetings.
The board of trustees of the public library shall hold regular meetings at such
time as it shall
by resolution
or otherwise appoint. Special meetings may be called by the president, and must
be called by him upon
the written
request of three or more members of the board. Written notices of all special
meetings, signed by the president or secretary of the board, must be served
personally upon each member of the board, or directed to each member
of the board
and deposited, postage prepaid, in the post office in the city, at least twenty‑four
hours previous to the time of holding any special
meeting. Any special meeting of the board, organized when all members are
present and participate in the business transacted, shall be a legal meeting‑of
the board, although no notice of such meeting was given. (Prior Code §17‑9).
2.48.050 Rules and
regulations. The board of trustees of the public
library may adopt such rules and regulations to govern its meetings, and manner
of. transacting its business as it shall determine upon, not inconsistent with
any of the provisions of this chapter. (Prior code §17‑10).
2.48.060 Powers and
duties generally. The library board of trustees shall
have exclusive control of the expenditures of the library fund, of
construction or lease of library buildings and of operation and care of the
library. The trustees shall:
A. Have the power to contract, including the
right to contract with regions, counties, cities, school districts, educational
institutions, the state and other libraries, to give and receive library
service, and to pay out or receive funds to pay such costs;
B. Have the power to acquire by purchase, devise,
lease or otherwise, and to own and hold real and personal property in the name
of the city, for the use of the library, and to sell, exchange or otherwise
dispose of all property no longer required by the library and to insure the
property‑of the library;
C. Prepare an annual budget indicating what
support and maintenance will be required from public funds and to submit the
same to the city council. A separate budget request shall be submitted for new
construction or capital improvements to existing library property;
D. Make an annual report to the city council on
the condition and operation of the library, including a financial statement.
Trustees shall provide for keeping and submission of such records as are
required by the state library in its requests for annual reports;
E. Have
the powers to accept gifts, grants and donations from whatever and to expend
the same for their specific purposes. These gifts, grants and donations shall
be kept separate from regular library funds and shall not be subject to
reversion at the end of the fiscal year;
F. Exercise such other powers, not
inconsistent with law, necessary for effective use and management of the library;
G. The
library board shall appoint and set the compensation, subject to the budgetary
authority of the city and the county, of the library director (chief librarian)
and shall hear grievances from library employees. The library director shall
hire and fire other employees of the library in accordance with the county
personnel plan;
H. The library board shall prescribe the duties
and responsibilities of the library director and other employees;
I. The library board shall adopt bylaws and
rules not inconsistent with the state law for its own transaction of business
and for the governance of the library, including the days, time and number of
regular meetings of the board. The board shall select a chairman and vice‑chairman
to serve one year terms which may be consecutive and
unlimited in number; and
J. The board of trustees shall oversee the
development of additional funding sources to supplement city‑county
appropriations.
A report on funding from such other sources including gifts shall be included
in the library's budget
presentation.
(Ord. 2379 §3, 1984; prior code §17‑2).
DEPARTMENTAL
REPORTS TO COUNCIL
Sections:
2.70.020 Submission of reports.
2.70.030 Other reports as requested.
2.70.010 Purpose. It is the purpose of this ordinance to
establish a process for receiving regular updates regarding strategic plan
objectives on a semi-annual basis. It is
also the purpose to continue regular quarterly financial reporting by the
Finance Office. (Ord. 3048, 1998; Ord. 2323 §1, 1983).
2.70.020 Submission
of Reports.
The strategic plan status report will be compiled and submitted to the
Mayor and City Council for review in January and August of each year. Quarterly
financial reports will be prepared and distributed by the Finance Office. (Ord. 3048, 1998; Ord. 2323 §2, 1983).
2.70.030 Other
Reports as Requested.
From time to time the City Council may request information on specific
projects or issues. Individual
departments, City agencies, authorities and commissions may be asked to respond
either in writing or orally before a Council Committee. Departments, City agencies, authorities and
commissions may also want to update the City Council on issues affecting their
responsibilities and will refer those reports to the appropriate Council
Committee when necessary. (Ord. 3048,
1998; Ord. 2323 §3, 1983).
2.70.040 Contents of
report.
Any status report required by this ordinance shall contain any
information pertinent to the strategic objectives outlined in the strategic
plan. The financial report shall include
information regarding expenditures, revenues collected, percent of current
budget expended, and actual budget amounts remaining. (Ord. 3048, 1998; Ord. 2323 §4, 1983).
RESIDENCY
REQUIREMENTS FOR EMERGENCY
PUBLIC SAFETY EMPLOYEES
Sections:
2.80.020 Applicability of chapter.
2.80.030 Continuous residency requirement.
2.80.050 Failure to comply with chapter.
2.80.060 Measurement of forty-five
minute average and reasonable response time.
2.80.010 Purpose.
The purpose of this chapter is to better protect the health, safety, and
welfare of the citizens of the city by establishing a continuous residency
requirement for emergency public safety employees of the city who are employed
in the police and fire departments, while not unduly impacting recruiting and
retention of qualified applicants. The city council declares that such a
regulation is necessary and desirable in order to
better ensure a relatively quick response time by public safety emergency
personnel whenever emergency public safety employees must be called to work
from their residence and desirable regulation in order to
promote a feeling of greater personal responsibility for the welfare of the
municipality of the city. (Ord.
3755, 2024; Ord. 3694, 2022; Ord. 2381 §1, 1984).
2.80.020 Applicability
of chapter. The provisions of this chapter shall
be applicable to all peace officers and firefighters employed by the city. The
definition of a "peace officer" shall have the same meaning as it
does in Montana State law Sections 45-2-101and 46-1-202 , MCA. The definition
of a "firefighter" shall have the same meaning as it does in Montana
State law Section 19-13-104. (Ord. 3694, 2022; Ord. 2381 §2, 1984).
2.80.030 Continuous residency requirement. Except as otherwise provided in Chapter
2.82, every individual employed by the City as a firefighter, represented by
IAFF Local 271, shall be required to reside either within the City of Missoula
or within an area located no more than sixty (60) road miles from any City of Missoula
fire station. The distance shall be determined by using Google Maps. This residency
requirement applies continuously from the date of initial employment through
the end of employment as a City of Missoula firefighter.
(Ord. 3775, 2025; Ord. 3755, 2024; Ord. 3694, 2022; Ord. 3495, 2013; Ord. 2978,
1996; Ord. 2381 §3, 1984).
2.80.040 Repealed. (Ord. 3694, 2022; Ord. 2381 §4, 1984).
2.80.050 Failure to comply with chapter. Failure of a city peace officer or city firefighter to
comply with the provisions of this chapter shall result in the automatic
termination of the individual as a peace officer or firefighter employed by the
city. (Ord. 3755, 2024; Ord. 3694, 2022; Ord. 2381 §5, 1984).
2.80.060 Measurement of Distance and Time. The measurement of distance and time,
including reasonable response time, will be measured from the city limits as
verified by the employee's respective department chief. For time measurements,
the average response time may be used. Final say on the measurement will rest
with the employee's respective chief. (Ord. 3755, 2024; Ord. 3694, 2022;
Ord. 2978, 1996; Ord. 2381 §6, 1984).
ESTABLISHMENT
OF CONTINUOUS RESIDENCY REQUIREMENTS FOR CITY SENIOR LEADERSHIP TEAM
Sections:
2.82.010 Purpose
of city senior leadership team residency requirements
2.82.020 City senior leadership team employees subject
to this chapter
2.82.030 Continuous
residency requirement
2.82.040 Exception
for individuals currently employed by the City of Missoula.
2.82.050 Failure
to comply with provisions of this chapter shall result in automatic termination
as senior leadership team member
2.82.060
Measurement of fort-five minute average and reasonable
response time.
2.82.010 Purpose of city senior leadership team residency
requirements. This chapter
establishes a requirement that City senior leadership team members reside
continuously within a forty-five-minute (45) drive of Missoula city limits. The
purpose of this requirement is to ensure a physical connection to the City and
timely access to City Hall with short notice, should the need arise, while
still allowing employees to achieve their personal and family goals for
residency.
(Ord. 3961, 2022; Ord. 3495, 2013)
2.82.020 City senior leadership team members subject to this
chapter. This chapter
shall be applicable to staff on the senior leadership team, generally
consisting of the following positions:
A. Chief
of Police;
B. Fire
Chief;
C. Chief
Operating Officer;
D. Chief
of Parks and Recreation;
E. Chief
of Public Works and Mobility;
F. Chief
of Community Planning, Development, and Innovation;
G. Chief
Human Resources Officer
(Ord 3961, 2022; Ord. 3497, 2013; Ord. 3495, 2013)
2.82.030 Continuous
residency requirement. After the effective date of this ordinance, every
individual hired by the city as a member of the senior leadership team
identified in section 2.82.020 shall be required to maintain residence within a
forty-five (45) minute average and reasonable response time from city limits.
This requirement applies from the date 180 days after initial employment
through the duration of employment as a senior leadership team member. The term
“residence” shall mean the employee’s permanent domicile and legal residence
which shall be the permanent physical abode, house or other dwelling place in
which the employee resides and to which the employee goes and remains when not
called elsewhere for labor or other special or temporary purpose and to which
the employee returns in times of repose. (Ord. 3691, 2022; Ord. 3495, 2013)
2.82.040 Exception for individuals currently employed by the City of
Missoula and City
officers. Any individual continuously employed by the City of
Missoula since July 3, 2013 is not subject to section 2.82.030 of this
ordinance and is eligible for promotion without city residency
requirements. City officers, department
heads, or employees not included in MMC 2.82.020 or MMC chapter 2.80 have
permission to live outside city limits as well as outside the boundary
established pursuant to this chapter.
Pursuant to Mont. Code Ann. § 3-6-202(2) a municipal court judge is
authorized to be a county resident. As long as § 3-6-202(2) is law a municipal
court judge is not subject to this ordinance. (Ord. 3691, 2022; Ord. 3495, 2013)
2.82.050 Failure to comply with provisions of this chapter shall
result in automatic termination as senior leadership team member. Failure of a senior leadership team employee to
comply with the provisions of this chapter shall result in automatic termination of the
individual as a department head. Any employee terminated under this chapter may
be eligible for city employment exclusive of positions provided for in this
chapter. (Ord. 3691, 2022; Ord.
3495, 2013)
2.82.060 Measurement of
forty-five minute average and reasonable
response time. The mayor shall adopt administrative rule(s) in accordance
with Missoula Municipal Code Chapter 2.03 to set standards for calculating the
average and reasonable response time and to implement this ordinance. (Ord.
3691, 2022)
Chapter 2.84
HISTORIC
PRESERVATION COMMISSION (Repealed, Ord. 3409, 2009)
Sections:
2.84.010 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §91‑‑3, 1987).
2.84.020 Repealed (Ord. 3409, 2009; Ord. 3184, 201; Ord. 2585 §4, 1987).
2.84.030 Repealed (Ord. 3409, 2009; Ord. 3271, 2004; Ord. 3184, 2001; Ord.
2585 §6, 1987).
2.84.040 Repealed
(Ord. 3409, 2009; Ord.
3184, 2001; Ord. 2585 §4, 1987)
2.84.050 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §7, 1987).
2.84.060 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord.
2585 §8, 1987).
2.84.070 Repealed (Ord. 3409, 2009; Ord. 3184, 2001; Ord. 2585 §9, 1987).
CAPITAL
IMPROVEMENT PROGRAM FUND
Sections:
A.
Pursuant to the authority granted to the city pursuant to Section 7‑6‑4134
MCA as part of a prudent, well planned and well managed city capital asset
program, there is established a separate fund in the city budget to be known as
the capital improvement program fund. The monies allocated to this fund shall
be earmarked for the replacement and acquisition of property,
plant or equipment costing in excess of five thousand
dollars, with a life expectancy of five years or more.
B. The mayor shall annually, as part of the
annual city budget preparation, review and make recommendations to the city
council for the city council's review and consideration, as amended by the
city council, an annually updated five year capital
improvement program. (Ord. 2764 51, 1991).
CODE OF ETHICS
Sections:
2.88.020 Organizational Responsibility
2.88.040 Just and equitable treatment.
2.88.060 Gifts and Things of Value.
2.88.070 Conflicts of Interest.
2.88.090 Contemporaneous
employment.
2.88.100 Subsequent employment.
2.88.110 New employee training.
2.88.120 Ethics Advisory Committee
2.88.130 Violation of ordinance.
The
Code establishes minimum standards of conduct and is designed to assist public
officers, officials and employees in understanding their obligations. This Code of Ethics applies to all officers,
officials and city employees, whether full-time, part-time, seasonal or
temporary.
Public
confidence in government is essential and the City can help sustain it by
establishing and enforcing rules to assure the impartiality and honesty of
officials and employees in all public transactions and decisions. Each affected agency of city government
should inform its employees of the provisions of this chapter and strive to
effectively enforce its requirements by seeking appropriate assistance from the
City Attorney, Mayor’s office or Personnel office. (Ord. 3110, 1999)
2.88.020 Organizational
Responsibility. The
administrative and legislative affairs of the city shall be conducted in a
manner free from influences and/or activities that compromise the integrity of
the process. Services and goods procured
by and for the city shall be done so in a fair and unbiased manner. (Ord. 3110, 1999)
2.88.030 Definitions. Unless the context specifically
indicates otherwise, the meanings of terms used in this ordinance shall be as
follows:
A.
Department shall mean and include all divisions, agencies, offices,
departments, boards and commissions, authorities or committees of the city.
B.
Employee shall mean and include any person in the employ of the city
or of any agency or department thereof, whether receiving compensation or not.
C.
Gift shall
mean any benefit, favor, service, privilege, or thing of value which could be
interpreted as influencing an employee’s impartiality. Gifts include, but are not limited to: trips, money, merchandise, foodstuffs, and tickets to
sports, civic or cultural events; services or work provided by City suppliers
and offers of future employment from City suppliers. Gifts do not include items that would not
ordinarily be interpreted as affecting an employee’s impartiality; such as an
occasional business lunch, potted plants or flowers, boxes of candy for office
personnel, “gimme caps” or advertising office supplies, such as pencils,
calendars, or pens, or other token gifts of small value.
D.
Immediate and direct official action shall mean any vote, decision,
recommendation, approval, disapproval, or other action, including inaction,
which involves the use of discretionary authority.
E.
Officer shall mean and include any person in the service or employ
of the city whose office is set forth in the City of Missoula Charter.
F.
Official shall mean and include any person who individually, or
collectively with others, employs the employees or controls the personnel of
any group of employees defined by subsection (1) hereof to be a department,
together with any person who individually or collectively with others
constitutes a “department” as so defined regardless of whether the person is
technically deemed an “officer” or “employee” of the city.
G.
Substantial conflict of interest shall mean a situation, which is likely
to affect the judgment or actions of an officer, official, or employee in the
performance of duties as such officer, official, or employee.
H.
Financial Interest shall mean any interest which shall
yield, directly or indirectly, a monetary or other material benefit (other than
duly authorized salary or compensation for services to the City) to the
employee or any other person retaining the services of the officer, official or
employee. (Ord. 3110, 1999)
A. Use of Public Property. No officer, official or employee shall
request or permit the use of city-owned vehicles, equipment, materials or
property or the expenditure of city funds for personal convenience or profit unless
authorized by other agreement. Use or expenditure is to be restricted to such
services as are available to the public generally or for such employee in the
conduct of official business.
Administrative Rule # 11 specifically addresses employees’ use of
city-owned vehicles in the course of their work.
B. Obligations to Citizens. No officer, official or employee shall grant
any special consideration, treatment or advantage beyond that which is
available to every other citizen.
C. Except as authorized by law and in the
course of his or her official duties, no officer, official or employee shall
use the power or authority of his or her office or position with the city in a
manner intended to induce or coerce any other person to provide such officer,
official or employee or any other person with any compensation, gift, or other
thing of value directly or indirectly.
D. No officer, official or employee may ask
for or receive, directly or indirectly, any compensation, gift, or thing of
value, or promise thereof, for performing or for omitting or deferring the
performance of any official duty, or action by the city other than the
compensation, costs or fees provided by law.
(Ord. 3110, 1999)
2.88.050 Campaign
activities.
City employees are encouraged to participate in the political process on
their own time, with their own personal resources, and outside of the workplace
by working on campaigns for the election of any person to any office or for the
promotion of or opposition to any ballot proposition. Employees shall not use or authorize the use
of the facility of the City of Missoula for such purposes except as authorized
by law. See subsection 2 –2-121 (3) MCA
which applies to public officers, officials and employees. City employees may provide neutral,
objective, and factual data regarding campaign related issues or
individuals. (Ord. 3110, 1999)
Gifts
do not include items for which fair market value is paid or which are
reimbursed by the city, or items received but donated to a charitable
organization within 30 days of receipt of the gift. If the gift is a perishable item, such as
flowers or candy, it may be placed on a public counter and shared with the
public. Meals are not considered gifts
or items of value. (Ord. 3110, 1999)
No
officer, official or employee shall engage in any act that is
in conflict with the performance of official duties. An officer, official or employee shall be
deemed to have a conflict of interest if he or she directly or indirectly:
A.
Receives
or has any financial interest in any purchase, sale or lease to or by the city
of any service or property when such financial interest was received or
obtained with the prior knowledge that the city intended to purchase, sell or
lease such property or service;
B.
Is
beneficially interested, directly or indirectly, in any contract, sale, lease,
option or purchase that may be made by, through, or
under the supervision of the employee, in whole or in part, or accepts,
directly or indirectly, any compensation, gift or thing of value from any other person beneficially interested
therein;
C.
Accepts
or seeks for others, directly or indirectly, any employment, travel expense,
service, information, compensation, gift or thing of value on more favorable
terms than those granted to other city employees or the public generally. These favorable terms may not be solicited from any person doing business, or
seeking to do business with the city in an area for which the employee has
responsibility or with regard to which he or she may
participate. This subsection shall not
apply to the receipt by elected officials, or by employees who are supervised
directly by an elected official, of meals, refreshments or transportation within
the boundaries of the city when given in connection with meetings with
constituents or meetings which are informational or ceremonial in nature. (Ord.
3110, 1999)
A. During or for six (6) months following
termination of office or employment, obtain employment in which he or she will
take direct advantage, unavailable to other, of matters with which he or she
took immediate and direct official action during his or her term of employment;
B. Engage in any action or litigation in which
the city is involved, on behalf of any other person or entity, when the action
or litigation involves an issue on which the employee took immediate and direct
official action while an employee of the city, for one (1) year following
termination of service with the city. (Ord. 3110, 1999)
2.88.120
Ethics Advisory Committee. An Ethics Advisory Committee shall be
established to provide advice and counsel to officers, officials and employees
who may have a question regarding an issue that relates directly to them. The Committee shall consist of the Chair of
Administration and Finance Committee or his or her designee, City Attorney,
Chief Administrative Officer, and Personnel Director. The recommendations or comments of the
committee are only advisory and hold no weight or affect on the direction the
officers, officials and employees take with regard to
the issue raised. Members of the
committee are charged with keeping all information confidential. They shall monitor the Code of Ethics and
recommend changes as the need arises.
(Ord. 3110, 1999)
2.88.130
Violation of ordinance. Violation of this ordinance shall be ground
for discharge or other disciplinary action. Disciplinary action and grievance
procedures will be conducted according to the City’s Personnel Policies and
Montana Code Annotated where appropriate.
(Ord. 3110, 1999)
2.90.010 Repealed (Ord. 3708, 2023;
Ord. 3112, 1999)
2.90.020 Repealed (Ord. 3708, 2023;
Ord. 3112, 1999)
2.90.030 Repealed (Ord. 3708, 2023;
Ord. 3112, 1999)
2.90.040 Repealed (Ord. 3708, 2023;
Ord. 3112, 1999)
2 90.050 Repealed (Ord. 3708, 2023; Ord. 3112, 1999)
2.90.060
Repealed (Ord. 3708, 2023; Ord. 3563, 2016; Ord. 3112, 1999)
Sections:
2.92.020 Repealed
2.92.030
Records and information governance program established
2.92.050
City records and information declared public property
2.92.060
Public access to records
2.92.070 Repealed
2.92.075
Adoption of records retention schedules by reference
2.92.080
Designation of records and information manager
2.92.085
Duties and responsibilities of the records and information manager
2.92.090
Duties and responsibilities of senior leadership team
2.92.100 Repealed
2.92.110 Repealed
2.92.120 Repealed
2.92.130
Exceptions for destruction of records under schedules
2.92.140 Repealed
2.92.150
Preservation of permanent records
2.92.160 Repealed
2.92.170
Recovery of City records
The purpose of
this chapter is to establish a comprehensive records and information governance
program for the City of Missoula, ensuring the creation, maintenance and
preservation of municipal records and information in accordance with legal
requirements and best practices. This program aims to improve access to
information, protect the rights of citizens, promote transparency, and
facilitate efficient and effective governance. (Ord. 3178, 2001; Ord. 3727,
2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
A records and information
governance program is established to govern the lifecycle of municipal records,
including their creation, organization, retention, preservation, and disposal.
The Mayor directs the program, and the City Clerk coordinates records and
information governance program operations among the City offices and
departments.
The program is
binding on all offices, departments, divisions, programs, bureaus, boards,
commissions, committees or similar entities of the City and records are
created, maintained, and disposed of in accordance with the program. (Ord.
3178, 2001; Ord. 3727, 2023)
The following
words and phrases, when used in this chapter, have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
"Public
information" See 2-6-1002 MCA
"Public record" See
2-6-1002 MCA
“Records and information
governance program” means a systematic, lifecycle approach to guide the
creation, maintenance, retention, preservation and disposal of municipal
records.
“Senior
leadership team (SLT)” means city employees who are supervised by the Mayor
and/or Chief Administrative Officer or are hired by a city appointed board or
commission and are city officers authorized to carry out the provisions of
7-5-4124 MCA subject to 2-6-1205 MCA. (Ord. 3178, 2001; Ord. 3727, 2023)
All public
records and public information created or received by the City are the property
of the City. Unauthorized destruction or removal from official city storage
repositories is prohibited. Custodians of public records and information are
required to deliver to a successor, or if there isn’t one, to a supervisor, all
public records and information created, kept or received in the transaction of
official business. (Ord. 3178, 2001; Ord. 3727, 2023)
Public access
to City records is provided as authorized by Montana law and city council
resolution. (Ord. 3178, 2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
The City of Missoula adopts
current and future versions of the following records retention schedules
approved for use by local governments by the state Local Government Records
Committee:
Schedule 8A—Function Based Local Government Records
Retention Schedule
Schedule 30—Email Managed Under a Capstone Approach
(Ord. 3178,
2001; Ord. 3727, 2023)
The City Clerk
is designated as the City records and information manager and oversees the
City’s records and information governance program. (Ord. 3178, 2001; Ord. 3727,
2023)
Administer the records and information governance
program and provide assistance to senior leadership
team in its implementation.
Develop records management administrative rules,
systems, guidelines, standards, and procedures.
Develop strategies to ensure the permanent
preservation of historically valuable records of the City.
Monitor records retention schedules and administrative
rules issued by the State of Montana to ’ensure the City’s records and
information governance program is in compliance with
state regulations.
Provide training and guidance to municipal staff on
records management practices and their duties and responsibilities.2
Ensure compliance with legal and regulatory
requirements related to records and information management, and reporting
non-compliance to the Mayor and Chief Administrative Officer.
Regularly
review and update the records and information governance program to reflect
changes in technology, laws, and best practices. (Ord. 3178, 2001; Ord. 3727,
2023)
In addition to other duties
assigned in this chapter, senior leadership team shall:
Cooperate with the records manager in carrying out the
policies and procedures established by the City for the efficient and
economical management and preservation of records and information in their care
and ensuring record disposal is documented and carried out in accordance with
records retention schedules listed in 2.92.075.
Adequately document the transaction of government
business for which the senior leader and their staff are responsible ensuring
records and information are organized in a logical and consistent manner to
facilitate their retrieval and use throughout their lifecycle.
Coordinate the purchase, acquisition, and application
of any technology to the creation, use and disposition of city records and
information with the City Clerk and Information Technology Director.
Identify
records and information necessary for business continuity in the event of a
disruption to city operations and take steps to ensure their availability to
respond and recover. (Ord. 3178, 2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
A record whose
retention period has expired according to an approved records retention
schedule listed in 2.92.075 and in compliance with state laws relating to
records shall be destroyed unless the record is subject to an open public
records request or is subject to a legal or regulatory hold imposed by the City
Risk Manager, the City Attorney, a court, or a regulatory body. (Ord. 3178,
2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
The records
manager develops guidelines and procedures to insure
the permanent preservation of historically valuable records of the City
including accessioning certain records to the University of Montana Archives or
the Historical Museum at Fort Missoula. (Ord. 3178, 2001; Ord. 3727, 2023)
(Ord. 3178,
2001; Ord. 3727, 2023)
The city
attorney has the authority to take steps to recover city records which have
been removed or wrongfully retained from city custody and may, when necessary,
institute actions of records recovery or replevin on behalf of the city. (Ord.
3178, 2001; Ord. 3727, 2023)
PUBLIC ART
2.94.030 Percent for Art Program Established
2.94.040 Exemptions from the Percent for Art Program
2.94.060 Public Art Committee established
2.94.070 Duties and responsibilities of the Public Art
Committee
2.94.080 Procedure to commission public art for
eligible projects
2.94.090 Eligible
expenses for the Percent for Art Program
2.94.100 Selection
of artworks
2.94.110 Criteria
to be used in selection public art
2.94.120 Selection
processes for public art
2.94.130 Public
art management/maintenance
2.94.010 Purpose.
The purpose of this ordinance is to establish
a public art program for City of Missoula funded capital improvement projects
and to provide for the funding, selection, creation and maintenance of public
art and establishing responsibilities relating to administering the City’s
public art program.
The City of
Missoula recognizes and accepts responsibility for beautification of its public
areas. The City Council has found that
such enhancement adds greatly to the enhancement of the quality of life of
Missoula’s citizens, attracts tourism, and provides incentives to business to
locate in the City, thereby expanding Missoula’s economic base. (Ord. 3221 § 1, 2002)
2.94.020 Policy. It is hereby declared to be the policy of the
City of Missoula to include works of art within City of Missoula public works
projects equal to one percent (1%) of construction project funds for public
art. (Ord. 3221 § 2, 2002)
2.94.030 Percent for Art Program
established. There
is hereby established a Percent for Art Program. The Mayor is responsible
for directing the program and the Mayor and City Council shall appoint a Public
Art Committee of the City Council, to coordinate and administer the program.
The Percent for Art Program focuses on the outside and the inside of new
and remodeled City owned public spaces. The art may serve a function,
express a theme, or commemorate an important person. It may underscore or
provide a counterpoint to the architecture and surrounding site. It may
serve as a landmark that adds definition to the City of Missoula.
The Percent for Art Program requires one and one half
percent (1.5%) of eligible construction costs of City capital improvement projects,
paid wholly or in part by the City of Missoula to construct or remodel any
public or city building, structure, park or any portion thereof, to be
allocated for public art. No less than eighty percent (80%) of one
percent (1%) of this allocation will be used for on-site artwork; up to twenty
percent (20%) of this one percent (1%) may be used for program administration
necessary to carry out the provisions of this chapter. A half percent
(.5%) of this allocation will be deposited in a public art trust fund used to
provide maintenance for existing artworks.
If the public art trust fund exceeds $200,000, the Public Art Committee
has the discretion to put the half percent (.5%) toward artwork. When the
eligible construction costs of a City capital improvement project are less than
$100,000, the Public Art Committee has discretion to determine that a
particular piece of on-site art is not required and may designate one hundred
percent (100%) of the one and one half percent (1.5%) allocation for art to be
deposited in a public art trust fund for maintenance of artworks and/or to fund
additional art projects.
The Percent for
Art Program shall be implemented without discrimination based on actual or
perceived race, religion, sex, marital
or familial status, color, national origin, ancestry, creed, physical or mental
disability, age, sexual orientation, or gender identity or expression (as
defined in MMC 9.64.020). (Ord. 3558,
2015; Ord. 3428 §10, 2010; Ord. 3221 § 3, 2002)
2.94.040 Exemptions from the Percent for Art Program. The
following categories of projects are exempt from the Percent for Art
requirements:
A. Water, stormwater or wastewater facilities, except for office
buildings.
B. Street construction and repair, inclusive of
the public right of way improvements, such as curb, sidewalk and traffic
control facilities and landscaping.
C.
Maintenance
projects.
These
exemptions do not preclude the Department from proposing and including funding
for art in a project. Departments are
encouraged to include art to some degree in these exempted categories. (Ord. 3221 § 4, 2002)
A. “Architect”
is the person or firm designing the project to which the one percent (1%)
funding applies. Where the architect is
a firm, the term architect shall mean the principal of that firm in charge of
designing the project for which the one percent (1%) funding applies.
B. “Artist” is a practitioner in the
visual arts, generally recognized by critics and peers as a professional of
serious intent and recognized ability who produces artworks and is not a member
of the project architectural/design firm.
C. “Artwork” includes but is not limited
to, paintings, murals, inscriptions, stained glass, fiber work, statues,
reliefs or other sculpture, monuments, fountains, arches, or other structures
intended for ornament or commemoration.
Also included are carvings, frescoes, mosaics, mobiles, photographs,
drawings, collages, prints, crafts, both decorative and utilitarian in clay,
fiber, wood, metal, glass, plastics and other materials. Landscape items include the artistic
placement of natural materials or other functional art objects. Works of art
may be portable as well as permanent.
D. “Capital Improvement Program” (CIP)
means the annual Capital Improvement Program adopted for City financed public
improvement projects.
E. “City” is the City of Missoula.
F. “Construction Cost” is the contracted
sum for construction of the designated project including any change orders
included in the initial contract notice of award. Construction costs do not include costs such
as professional fees, cost of land, rights of way and financing.
G. “Construction Project” means any
capital improvement project paid wholly or in part by the City of Missoula to
construct or remodel any public or city building, structure, park or any
portion thereof.
H. “Consultant” is any firm, individual,
joint venture or team of firms or individuals with which the City contracts for
design or other consulting services related to construction projects.
I. “Public Art Trust Fund” is a funding
mechanism which aggregates portions of the individual private, site-specific percent
for art requirement and redistributes these funds to maintain public art
projects throughout the City. A half
percent (.5%) of each project allocation for public art will be deposited in a public
art trust fund to be used by the City to provide maintenance for existing works.
J. “Visual Arts Professional” shall mean
any of the following who is respected in his/her field and knowledgeable about
(contemporary) visual arts: artist, curator, art critic, art historian,
architect, landscape architect, or fine arts professional.
K. ”Deaccessioning” is a procedure for the
withdrawal of an artwork from the public collection.
L. “Eligible Construction Cost” is that
portion of the construction cost of any construction project paid for by the
City of Missoula to construct or remodel any building, decorative or
commemorative structure, parking facility, recreational facility, or any
portion thereof, located on City property, provided that the source of funds
for such project(s) is not restricted by law or regulation as to its use for
artworks.
M. “Missoula Public Art Committee” is a
committee created in 1985 by Mayor John Toole and reaffirmed by this ordinance
as a standing city committee designated to review, advocate and develop public
art projects in the public domain for the City of Missoula. It will develop a formal structure in which
to create, develop and maintain public art as well as further public
accessibility to the arts.
N. “Maintenance” is the periodic work on a
facility required to maintain its original functionality.
O. “Remodel” is work required to
substantially change or enhance the functionality of a facility.
P. “Staff Representative” is the
designated professional responsible to advise and assist the City of Missoula
and the Missoula Public Art Committee. (Ord. 3558, 2015; Ord. 3221 § 5, 2002)
2.94.060
Public Art Committee established. The
Missoula Public Art Committee shall be made up of nine (9) members. Six (6) members will be nominated by the
Mayor and confirmed by the City Council, and two (2) of the members will be
appointed by the City Council. Terms shall be for four years, except that the
Mayor and/or Council may designate shorter terms initially in
order to insure that the terms are
staggered. The City Council President
shall appoint a City Council member to the board after each municipal election
and as the need arises. Other members
shall be selected because of their expertise in historical preservation, visual
arts, architecture, or affiliation with a local business association or public
entity. (Ord. 3558, 2015; Ord. 3387 §1,
2008; Ord. 3221 § 6, 2002)
2.94.070 Duties and responsibilities of the Public
Art Committee. The Public Art
Committee shall endeavor to develop a collection of public art that is of the
highest quality, that will encompass a broad aesthetic range reflecting the
City and the minds of its citizens, that will improve the quality of life in
the area, that will be accessible to all individuals and be a source of pride
to all residents. The Public Art
Committee shall seek to develop this Percent for Art Program and the associated
collection in such a way so that it is intimately integrated into the fabric of
the City of Missoula and reflects a broad range of community input and
involvement by artists and art professionals.
The Public Art Committee is responsible for reviewing, advocating and
developing public art projects in the public domain for the City of
Missoula. It will develop a formal
structure in which to create, develop and maintain public art as well as
further public accessibility to the arts.
A. Specifically, the Percent for Art Program
objectives include:
B. Develop a public art program that is unique to
Missoula.
C. Increase the understanding and enjoyment of
public art by Missoula residents.
D. Invite public participation in the interaction
with public spaces.
E. Provide unusual and challenging employment opportunities for
artists.
F. Encourage collaborations between artists and architects, and
artists and engineers.
G. Support artist participation on design teams for planning public
projects.
H. Encourage variety of art forms: temporary and permanent, object and
event, single or dispersed locations.
I. Spread commissions among a wide number of Artists and strive for
overall diversity in style, scale and intent.
All Public Art Committee meetings shall
be conducted in accordance with the Montana Open Meetings Law. (Ord. 3221 § 7,
2002)
2.94.080
Procedure to commission public art for eligible projects.
A. Upon adoption of the Capital Improvement Plan the Finance Office
shall immediately alert the Missoula Public Art Committee of all plans for
construction or renovation projects. The
Finance Office will also identify all projects for which the Percent for Art
Ordinance applies. This should be done
in a timely fashion so the Percent for Art Committee can assist the City in
developing any particular project requirements and/or
bond language.
B. Architects/Engineers invited to submit a proposal for construction
or renovation project which includes the Percent for Art should be advised of
requirements and guidelines. The Architect shall work closely with the Missoula
Public Art Committee and the Selection Committee on the designation of
appropriate sites and shall incorporate the Artist's or Artwork's special
requirements within the construction documents, including the time of delivery
and installation of the Artwork.
C. Upon the designation of an Artist or an Artwork by the Selection
Committee, the Artist shall enter into a contract with
the City for the Artist's services or for the purchase and installation of the
Artwork. This contract shall require the Artist to produce or deliver the
Artwork for a price guaranteed to be no greater than the maximum contracted
cost.
D. Where the Selection
Committee determines that an expenditure from a specific Project is
inappropriate, funds from that Project may be transferred to other Percent for
Art projects, with the approval of the Contracting Agency. (Ord. 3221 § 8,
2002)
2.94.090
Eligible expenses for the Percent for Art Program.
Appropriations
for Percent for Art Program projects may be spent for:
A.
The
Artwork itself, including but not limited to:
1. Artist's
design fees.
2. Additional
labor and materials required for production and installation of Artwork.
3. Artist's
operating costs.
4. Travel
related to the Project.
5. Transportation
of the Artwork to the site and installation.
6. Any
required permit or certificate fees.
B. Identification
plaques and labels.
C. Frames,
mats, mountings, anchorages, containments, pedestals, or materials necessary
for the installation, location or security of the artwork.
D. Photographs
of completed artworks.
E. Communication
and other indirect costs including insurance.
F. Expenses
for special advisors or consultants.
G. Historical
artifacts displaced by construction.
H. Expenses
related to the administration of carrying out the directives of this Ordinance,
including but not limited to:
1. Technology
services and subscriptions (e.g., a web-service for promoting an art-call).
2. Advertising,
publicity, promotion, and invitation expenses.
3. Expenses
related to public events related to artwork (e.g., rental of PA equipment and
catering expenses).
4. Due
diligence expenses required for the responsible consideration of artwork (e.g.,
engineering or environmental consultation).
5. Expenses
related to augmenting artwork (e.g., addition of lighting, landscaping or
general enhancements to artwork).
Appropriations
for Percent for Art Program projects may not be spent for:
A.
Reproduction, by mechanical or other
means, or original artworks, except in cases of film, video, photography,
printmaking or other media arts.
B. Decorative,
ornamental, or functional elements which are designed by the architect or
consultants engaged by the architect, as opposed to an artist commissioned for
this purpose.
C. Those
elements generally considered to be components of a landscape architectural
design or landscape gardening.
D.
"Art objects" which are mass
produced of standard design, such as playground sculptures.
E.
Directional or other functional
elements, such as supergraphics, signs, color coding, maps, etc. except where a
recognized artist is employed.
F.
Those items which are required to
fulfill the basic purpose of a resident agency. Examples are artworks in the
collection of the Missoula Museum of the Arts, and artworks fulfilling an
interpretive or educational role in a city park, library or university gallery. (Ord. 3558, 2015; Ord. 3221 § 9, 2002)
2.94.100 Selection of artwork(s). All
Percent for Art Program projects, whether they are permanent or temporary
Artworks, will be developed to respond to a specific site or building location,
with the exception of Artworks that are conceptually
intended to circulate among various sites or facilities within the Project
Area.
The Public Art Committee in conjunction
with the Agency Representative and the Project Architect shall analyze and
discuss appropriate locations, amount to be spent for purchased or commissioned
Artworks, suitable art forms, Artists' prerequisites, specifics of
Artist/Artwork selection process which includes open competition,
limited/invitational competition and direct purchase.
A prospectus will be prepared and
advertised by the Public Art Committee. The competitions may be in stages, with
the final selection chosen from a group of finalists.
In making the final selection, the
Selection Committee shall be guided by the goals and purposes of this ordinance
and the criteria set forth in this document and any regulations promulgated to fulfill the criteria. The
Committee shall select Artworks which will be technically feasible to produce
and display; the selection of Artist(s) who will provide art integral to the
project will be made as early in the conceptual design stage as practical, so
Artist(s) will be able to work with the Architect from the beginning of the
project.
If necessary, the Public Art Committee
may advertise nationally or internationally for proposals.
The Selection Committee has the option
of making no selection. If no proposal
is accepted, the Committee has the right to reopen the competition or to
propose other methods of selection.
All Selection Committee meetings shall
be conducted in accordance with the Montana Open Meetings Law.
Each proposed Percent for Art project
will also be evaluated as to: its artistic excellence,
appropriateness in terms of scale, material and content relative to the
immediate and general architectural, social and historic context; and long term durability against vandalism, weather, theft and
excessive maintenance.
Acting on behalf of the City of Missoula
and the advice of the Selection Committee, the Missoula Public Art Committee
will make the final determination of selected work(s). (Ord. 3221 § 10, 2002)
2.94.110 Criteria to be used in selecting public art.
A. Artists will be selected on the basis of
their qualifications as demonstrated by past work, appropriateness of the
proposal to the particular project, and its
probability of successful completion as determined by the Selection Committee.
B. In selecting Artists and
Artworks, the Selection Committee shall select those Artists and Artworks of
the highest aesthetic quality, and those which fulfill the purposes of the
Percent for Art Program.
C. In all cases, consideration will be given to materials,
construction, durability, maintenance, public access and safety. (Ord. 3221 §
11, 2002)
2.94.120 Selection Processes for public art. Selections
of Artworks will be made by one of the following methods:
A. Open Competition: Site and program advertised; proposals accepted
from all artists; no proposal fee is paid to artist unless stipulated.
B. Limited/Invitational Competition: One or more
artists is invited to submit proposals; no proposal fee is paid to artists
unless stipulated.
C. Direct Purchase: A completed Artwork is purchased (Ord. 3221 § 12,
2002)
2.94.130
Public Art Management/Maintenance.
A. All artworks remain under ownership by the City of Missoula.
B. Recipients of works of art must notify
the Missoula Public Art Committee if an artwork is damaged or stolen.
C. The resident agency will be responsible
for the ongoing care and maintenance of all artworks purchased or commissioned
for the project in accordance with the guidelines established for the Missoula
Public Art Committee’s collection of art.
D. Monies to maintain works of art shall
come from the public art trust fund, established at half a percent (.5%) of the
initial one and one half percent (1.5%) allocation. (Ord.
3558, 2015; Ord. 3221 § 13, 2002)
2.94.140 Deaccessioning Deaccessioning will be considered only after a careful
and impartial evaluation of the artwork within the context of the collection as
a whole. At the beginning of the
process, the Missoula Public Art Committee will make a reasonable effort to
notify any living artist whose work is being considered for deaccessioning.
The Missoula Public Art Committee may
consider the deaccession of artwork for one or more of the following reasons in the event that it cannot be resited:
A. The artwork has been damaged or has deteriorated and repair is
impractical or unfeasible.
B. The artwork endangers public safety.
C. In the case of site-specific artwork, the artwork is destroyed by
severely altering its relationship to the site.
D. The artwork requires excessive maintenance or has faults of design
or workmanship. (Ord. 3221 § 14, 2002)
Bicycle and Pedestrian Advisory Board
Sections:
2.96.010 Bicycle and Pedestrian Advisory Board
established
2.96.020 Duties
2.96.030 Scope
2.96.040 City responsibilities
2.96.050 Membership
2.96.060 Meetings
2.96.010 Bicycle and Pedestrian Advisory Board
established. The Bicycle and Pedestrian
Advisory Board (BPAB) is established to represent a community perspective in
advising the City of Missoula government with respect to the impact that city
actions may have upon bicycling and walking in Missoula, as defined below.
2.96.020 Duties. The BPAB has the duty to set its
own annual priorities and define a plan of work to implement them, to include:
A.
Responding to requests
from the City government for advice regarding potential City activities;
B. Considering bicycling and
walking issues raised by members of the board or the public, and when
appropriate, providing advice to the City regarding them;
C. Participating in processes
for development of projects or plans which have an impact on bicycling and
walking in Missoula;
D. Implement incidental activities which support bicycling and
walking in Missoula; and (Ord. 3537, 2015)
2.96.030 Scope. In fulfilling its duties, the
BPAB may provide and input and advice regarding:
D. Activities to increase bicycling and walking in Missoula; and
2.96.040 City responsibilities. City staff will support the work of the BPAB by:
D. Providing appropriate materials necessary for the BPAB’s review,
in a timely manner at the BPAB’s request; and
A. The BPAB shall be comprised
of nine city resident members interested in bicycling and walking issues in
Missoula, appointed by the mayor to represent a community viewpoint, subject to
confirmation by the City Council. Diversity of BPAB membership is encouraged.
B. Three members shall be
appointed each year for a three-year term beginning October 1.
C. A mid-term vacancy shall be
filled for the remainder of the term. (Ord. 3537, 2015)
A. All meetings shall be open
to the public in accordance with the Montana State Open Meeting Law. Notice of
the meetings shall be circulated to reach all interested and affected members
of the community.
B. All written or recorded
meeting minutes and other records of the BPAB’s activities shall be available
to the public.
C. The BPAB shall establish
bylaws. (Ord. 3537, 2015)