TITLE 7

 

PUBLIC WAYS AND PROPERTY

 

 

Subject                                                                   Chapter

Streets; Sidewalks........................................................... 1

Sidewalk Construction.................................................. 2

Library............................................................................ 3

Numbering Buildings, Streets......................................... 4

Fred Burr Water System................................................. 5

Improvements.................................................................. 6

Special Event Permitting Requirements.................... 7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

November 2012

 

 

 

7-1-1                                                                                                                  7-1-3

 

 

CHAPTER 1

 

STREETS; SIDEWALKS

 

 

SECTION:

 

 

7-1-1:

7-1-2:

7-1-3:

7-1-4:

 

Obstructing Streets And Alleys Exceptions

Unlawful Substances Or Debris In Streets Obstructing Sidewaiks

 

 

 

 

  1. OBSTRUCTING STREETS AND ALLEYS: Unless an

expressly stated exception applies as stated in this code, it shall be deemed unlawful and a misdemeanor for any person to obstruct, which is to make impassable, any street or alley within the corporate town limits. It shall be unlawful and a misdemeanor to block entranceways to alleys unless an expressly stated exception applies as stated in this code. (Ord. 2014-03, 9-2-2014)

 

  1. EXCEPTIONS: Emergency vehicles are exempted from the requirements in title 6, chapter 4 of this code and this chapter.

Also, section 7-1-1 of this chapter shall not apply to any such person or  entity receiving an exception use permit issued by the town council with consent of the mayor. The exception use permit may only be for a limited time period, and there must be a reasonable basis for granting the request. The procedure for obtaining the exception use permit shall be a written request submitted to the town council, and a decision will be made at the  next regular town council meeting. Portions of town alleys  may  be obstructed not to exceed two (2) hours during the hours of eleven o'clock (11:00) P.M. to seven o'clock (7:00) A.M. without an exception use permit being required so long as emergency vehicles may reasonably  pass  through. Any time portions of town alleys may be obstructed not to exceed ten (10) minutes without an exception permit being required so long as emergency vehicles may reasonably pass by. (Ord. 2014-03, 9-2-2014)

 

7-1-3  :              UNLAWFUL SUBSTANCES OR DEBRIS IN STREETS:

 

  • It is unlawful for any person to knowingly or purposely throw ordeposit upon any town street or alley any glass, metal,plastic,

 

 

 

 

January 2015

 

7-1-3                                                                                                                  7-1-4

 

 

paper, concrete, rocks, landscaping  material, construction  material, or any other debris.

  • It shall be unlawful for any person to knowingly or purposely throw or deposit upon any town streetor alley any substanceslikely to injurea person, animal, tire, or motorvehicle.

 

  • It is an affirmative defense to criminal charges brought under this section, for a person to immediately remove from any town street or alley, upon the person receiving knowledge of the fact that he or she unlawfully threw or deposited any debris or substances upon a town street oralley.

 

  • Any violation of this section shall be unlawful and deemed a misde­ meanor. Each day a person is in violation of this section shall be construed as a separate misdemeanor offense. (Ord. 2008-5, 9-2-2008)

 

 

  1. OBSTRUCTING SIDEWALKS: It is unlawful and constitutes an infraction for any person to: (1972 Code)

 

  • Have a horse or horses loose or ridden in the town except on main­ tained streets or alleys, except as may be necessary to  enter  or leave adjacent property belonging to the person having the horse or horses under his or her control. (Ord., 6-2-1987)

 

  • Operate, move or park a bicycle upon a sidewalk which has a "No Bike" or "No Bicycle" notice painted or posted thereon,exceptto enter or leave adjacent property. (1972Code)

 

  • Place or have placed any object, material or property on a sidewalk within the town, which causes obstruction of the usual and ordinary use of the sidewalk, except for situations where improvements are being made on the sidewalk, and then only for a period of time not to exceed ten (10) working days. (Ord.,11-6-1989)

 

  • Any violation of this section shall be punishable by a fine of not less tllan twenty five dollars ($25.00) nor more than two hundred fifty dollars ($250.00) or by imprisonment in the countyjailorother facility used by the town for a period not to exceed five(5) days. (Ord.,6-2-1987)

 

 

 

 

 

 

January 2015

 

7-2-1                                                                                                                  7-2-3

 

CHAPTER 2

 

SIDEWALK CONSTRUCTION

 

 

 

SECTION:

 

 

7-2-1:

7-2-2: T2-3:

 

Construction Specifications; Grades Repair Of Sidewalks

 

 

 

 

 

  1. CONSTRUCTION: It shall be unlawful to construct or lay any pavement on any public street, sidewalk, alley or other public

way, or to repair the same, without having first secured a permit therefor. Applications for such permits shall be made to the clerk, and shall state the location of the intended pavement or repair, the extent thereof, and the person or firm who is to do the actual construction work. No such permits shall be issued except where the work will conform to the provisions of this chapter. (Ord. 226, 1-5-1959)

 

  1. SPECIFICATIONS; GRADES: All street and sidewalk pavements shall be made in conformity with specifications

laid down or approved from time to time by the council. Street and sidewalk grades as established by the town shall be on file in the office of the clerk. (Ord. 226, 1-5-1959)

 

  1. REPAIR OF SIDEWALKS: Walkways made of any material shall be called sidewalks.  All  sidewalks  in  town shall be kept

in good repair; and any such duty to repair defective sidewalks shall be the responsibility of the abutting real property owner under the supervision  of  the director of public works. If the abutting real property owner, after being notified in writing by the town clerk that an abutting sidewalk  is  defective and that the same must be repaired, fails to repair or cause to be repaired the defective sidewalk within thirty (30) calendar days from the date of posting of said notice on the abutting real property owner's door or  land, then, in that event, the council may contract for the construction  and repair  of  such defective  sidewalks,  and the town shall pay for the  same,  and  the

 

7-2-3                                                                                                                   7-2-3

 

amount so paid is to be a lien upon the real property of the abutting landowner to whom notice for the repair of the said sidewalk was given. The amount of the said lien may be collected from  the  abutting  landowner before any court of competent jurisdiction, all as provided in Montana Code Annotated section 7-14-4122, as amended. (Ord. 2008-5, 9-2-2008)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

December 2008

 

7-3-1                                                                                                                   7-3-3

 

CHAPTER 3

 

LIBRARY

 

 

 

SECTION:

 

 

7-3-1:

7-3-2:

7-3-3:

 

Library Established Tax Levy

Library Fund Established

 

 

 

 

 

  1. LIBRARY ESTABLISHED: The Philipsburg free library is a library heretofore operated and now operating within the

corporate limits of the town, created and existing as such. (Ord. 206, 8-7-1944)

 

 

  1. TAX LEVY: Heretofore at the regular town election  held in the town, a tax levy for library purposes was duly voted by the

electors of the town as provided by law. (Ord. 206, 8-7-1944)

 

 

  1. LIBRARY FUND ESTABLISHED: Pursuant to the require- ments of Montana Code Annotated section 15-10-420, the

"library fund" provided for in Montana Code Annotated  section  22-1-304 shall be invested by the town treasurer under the direction of the trustees of the library and that no money shall be paid out of the said fund by  him  except to make contracts and expenditures for the support and  mainte­ nance of the lib;ary, and the purchase of books and other  things  for  a library. (Ord. 206, 8-7-1944; amd. Ord. 2008-5, 9-2-2008)

 

 

 

 

 

7-4-1                                                                                                                   7-4-2

 

 

CHAPTER 4

 

NUMBERING BUILDINGS, STREETS

 

 

 

SECTION:

 

 

7-4-1:

7-4-2:

7-4-3:

7-4-4:

7-4-5:

7-4-6:

7-4-7:

7-4-8:

 

House Numbering

Initial Point For Numbering Numbers Posted

Old Numbers Abolished Street Names

Height, Size Of Numbers Committee Appointed Violation

 

 

 

 

 

  1. HOUSE NUMBERING: All the houses and places of business having an entrance from any street or alley of the town shall,

within sixty (60) days after the passage of this chapter, be numbered. (Ord. 149, 4-9-1917)

 

 

7-4-2  :              INITIAL POINT FOR NUMBERING:

 

  • The initial point for numbering streets running east and west shall be from the intersection of Broadway and Sansome Streets. All even numbers shall be on the south side of the streets running east and west, and the odd numbers shall be on the north side of the streets running east andwest.

 

  • The initial point for numbering streets running north and south shallbe from the intersection of Broadway and Sansome Streets and all even numbers shall be on the east side of the streets running north and south, and the odd numbers shall be on the west side of the streets running north and south. (Ord. 1027,10-5-1982)

 

  • There shall be one hundred (100) numbers allotted to each block. All streets crossing Broadway Street shall be known, north of said Broadway Street, by their names with the prefix "North"to said name

 

7-4-2                                                                                                                   7-4-6

 

of all such streets; and all streets crossing such  Broadway  Street shall be named, south of said Broadway Street, with  the  prefix "South" prefixed to the name of such street; and all streets west of Sansome Street, running east and west, shall be designated with the name of such streets with the prefix "East" or "West"  as  the  case may be, prior to the name of the street.  Said numbering  shall  be done so as to allow each entrance a separate number for  each general entrance for each business, and in case of offices having a stairway from the street or alley, such stairway entrance shall have a number. All places upon alleys shall take the same numbers as the number upon the street to such property, with the prefix of the letter "A". (Ord. 1027, 10-5-1982; amd. Ord. 2008-5, 9-2-2008)

 

 

  1. NUMBERS POSTED: Such number shall be posted in a conspicuous place where the same can be easily seen from

the street or alley upon which the same are located, and such number shall be of metal raised letters, or silver numbers upon tin of the quality ordinarily used for signs of the proper quality and properly prepared so that the same shall be the most durable as the committee, hereinafter provided for,  with  the consent of the council, shall designate. (Ord. 149, 4-9-1917)

 

 

  1. OLD NUMBERS ABOLISHED: All numbers now in use in this town, of whatever kind, are hereby abolished, and all persons

having houses and places required by this chapter to be numbered shall obtain the proper number from the party numbering said town,  and  shall have such proper number placed upon said premises within ten (10) days after being called upon to do the same by such party having charge of such numbering. The town reserves the right to approve or disapprove all such numbering. (Ord. 149, 4-9-1917; amd. Ord., 10-2-2007)

 

 

  1. STREET NAMES: The names of all streets, with their proper prefix of north, south, east or west, shall be posted in a

 

/ ;' )

conspicuous place at the intersection of streets, which shall be done by the party having charge of such numbering; said names of such streets shall be by the use of letters used in the name thereof of not less than three inches (3") in length. (Ord. 149, 4-9-1917)

 

 

 

7-4-6:

 

4-9-1917)

 

 

HEIGHT, SIZE OF NUMBERS: All numbers shall be not less than   two  and  one-half  inches  (21                                    in height. (Ord. 149,

 

 

 

 

 

 

 

December 2008

 

 

Town of Philipsburg

 

7-4-7                                                                                                                   7-4-8

 

 

  1. COMMITTEE APPOINTED: The mayor shall appoint a committee  of  three  (3)  whose duty it  shall be to see that this

chapter is carried into effect. The owners of all premises shall number the same at their own cost and expense and the streets shall be numbered at  the cost and expense of the town. (Ord. 1027, 10-5-1982)

 

 

  1. VIOLATION: Any person failing to have his premises numbered within sixty (60) days after notice of the passage of

this chapter, or within ten (1O) days after having been personally notified,

after the expiration of the sixty (60) days, or who shall fail to keep such number properly posted, or shail allow such number hereby required to become obliterated or indistinct, shall be deemed guilty of a nuisance and shall be subject to penalty as in this code provided. (Ord. 1027, 10-5-1982)

 

 

 

7-5-1                                                                                                                  7-5-3

 

 

CHAPTER 5

 

FRED BURR  WATER SYSTEM

 

 

 

SECTION:

 

 

7-5-1:

7-5-2:

7-5-3:

7-5-4:

 

Purpose Definition Prohibitions Penalty

 

 

 

 

 

  1. PURPOSE: In order to preserve and maintain the town's domestic water supply and water system in a clean and safe

condition, the town desires to expressly prohibit certain unsafe or unclean

activities on or near the town's water supply located at any  Fred  Burr  waters and all town property. (Ord. 2008-3, 5-6-2008)

 

 

  1. DEFINITION: "Fred Burr waters", as defined in this section, shall mean all waters of Fred Burr Lake, Little Fred Burr Lake,

and any and all streams and tributaries that feed water to these said lakes, and the water supply and water system for the town of Philipsburg. (Ord. 2008-3, 5-6-2008)

 

 

7-5-3  :              PROHIBITIONS:

 

  • No Fishing: It shall be a misdemeanor for any person to do any form of fishing on Fred Burrwaters.

 

  • No Recreation: It shall be a misdemeanor for any person to recreate, camp, boat, snowmobile, swim, or enter into or onto any of the Fred Burrwaters.

 

  • No Fires: It shall be a misdemeanorforany person to light any fireor fireworks on any town property contiguous with all Fred Burr waters.

 

 

 

 

 

June 2009

 

7-5-3                                                                                                                   7-5-4

 

  • No Tampering: Unless expressly authorized by the town, it shall be a misdemeanor             for   any  person   to  knowingly   place   or   allow  any

material or substance to be introduced into or on any Fred Burr waters. (Ord. 2008-3, 5-6-2008)

 

 

  1. PENALTY: Any person in violation of this chapter shall be punished by a fine not to exceed one thousand dollars

($1,000.00) or up to six (6) months in jail, or both. A bond shall be posted if required by law enforcement in the amount authorized, from time to time, by the town's chief judge. (Ord. 2008-3, 5-6-2008)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

June 2009

 

7-6-1                                                                                                                  7-6-1

 

CHAPTER 6

 

IMPROVEMENTS

 

 

 

SECTION:

 

7-6-1:               Bonding, Licensing, And Permitting Requirements

 

 

 

 

7-6-1:               BONDING,   LICENSING,    AND    PERMITTING    REQUIRE­ MENTS:

 

  • Improvement projects on or to any town property or rights ofway shall not be commenced unless the contractor has submitted a general permit application to the town clerk, received a valid permit, and has executed a contractor's surety bond orequivalentforat least the actual costs of the improvement project in addition to all reasonably foreseeable monetary damages that may beincurred. Said permit application shall be in a form set bythetowncouncil with consent of the mayor, and the town shall approve, deny, or approve with conditions any permit application within thirty (30) days of the permit application being submitted to the town clerk. The contractor shall also maintain a reasonable amount of liability insurance coverage as is customary to this region. The director of public works shall set the total amounts of the suretybondand liability insurance coverage that is reasonably and customarily required. If practicable, all contractors' surety bonds required shall name the town as an obligee. The form and mannerofall contractors' surety bonds shall be in full compliance with Montana Code Annotated title18.

 

  • If a contractor's services are used for the improvement project other than the town landowner performing the work for the benefit of his land in town, the said general contractor shall have a certificate of contractor registration and independent contractor exemptionfrom the state of Montana, department oflabor.

 

  • As a condition to commencing any improvement project onorto town property or rights of way, every contractor shall providethe

 

 

 

 

September 2010

 

7-6-1                                                                                                                   7-6-1

 

town clerk with a copy of all bonding and licensing documents as required in subsection A of this section. The town shall execute a timely bond release, in writing, upon the successful completion  of each improvement project as contemplated in this section.

 

  • As used in this section, the term "contractor" means any person, professional, entity, company, organization or groupwhowill complete a majority of any improvement project on ortotown property or rights of way. (Ord. 2010-3,8-3-2010)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

September 2010

 

7-7-1                                             7-7-1

 

CHAPTER 7

 

SPECIAL EVENT PERMITTING REQUIREMENTS

 

 

 

 

 

SECTION:

 

7-7-1:

7-7-2:

7-7-3:

7-7-4:

7-7-5:

7-7-6:

7-7-7:

7-7-8:

 

 

 

Intent And Definitions

Special Event Permit Application And Fees; Permit Required Grounds For Denying Special Event Applications

Special Event Permit Insurance And Other Conditions Of Approval

Exemptions From Certain Requirements In This Chapter Parking And Signage Issues

Conflict Of Law; Severability Penalty

 

 

 

 

 

7-7-1:     INTENT AND DEFINITIONS:

 

  • Intent: This chapter shall apply to all special events held within the town of Philipsburg and on town owned or controlledproperty.

 

 

 

EXPOSURE CLASS:

 

 

 

 

FACILITY:

 

Required classifications, as determined by the town, of special events by degree of risk or liability exposure with specific recommended insurance requirements or guidelines; and these classes shall be designated by the town  as either dangerous, high, medium, or low.

 

All buildings or complex of buildings or parks or property that are owned and insured  by  the town or which the town has an insurable inter­ est.

 

 

 

SPECIAL EVENT:

 

Events that are not sponsored events occurring in or on town facilities. This definition of special event includes, but is not limited to, parties,

 

7-7-1                                                                                                                   7-7-2

 

 

weddings, receptions, formal sporting events, carnivals, property closures for events, and the like. Ordinary use of any town  park playground  is not defined as a special  event  hereunder. This definition of special event applies only  to this chapter.

 

 

TOWN SPONSORED EVENT:

 

 

 

 

USER GROUPS:

 

Events that the town so specifies as a town sponsored event by formal resolution  in writing of the town council with consent of the mayor or by an informal resolution passed by verbal motion of the town council with consent of the mayor.

 

Persons, groups, entities, business organiza­ tions who by written permit, use town owned or controlled property for various events  or reasons. (Ord. 2012-02, 9-7-2012; amd. Ord.

2014-02, 9-2-2014)

 

 

 

 

7-7-2:

 

 

A.

 

SPECIAL    EVENT    PERMIT    APPLICATION    AND    FEES; PERMIT REQUIRED:

 

Application And Fees: Any user group desiring to hold  a  special  event shall first complete and properly submit a special event appli­ cation. The form and content of the special event application shall be approved by the town council with consent of the mayor. The completed application shall be submitted by the user group to  the town clerk, with no application fee being required, at least thirty (30) calendar days prior to the date of the special event. The permit application shall state the name, address, and phone number of the applicant; requested location of the special event; whether  alcohol is to be served; date of the event; estimated duration of the event; estimated number of persons reasonably expected at the event; purpose of the event; and a detailed description of the event itself.  The town council with the consent of the mayor shall approve,  deny, or approve with conditions the application at least fifteen  (15)  calendar days prior to the scheduled special event.

 

 

  • Written Permit Required; Rental Agreement Requirements: A valid, written permit must be issued by the town to the user group prior to any special event being held. Additionally,arentalagreement drafted by the town and executed by the user group may alsobe

 

7-7-2                                                                                                                   7-7-4

 

required by the town prior to the special event being held.  The  written permit shall be delivered by the town to the user group in a reasonably timely manner. A copy of the written permit shall  be posted at the front entrance of any such special event, and shall remain posted throughout the event. The language of each written permit issued to any applicant shall be as determined by the town council with the consent of the mayor. The mayor or acting mayor must sign and date the permit for it to be  valid.  The  permit  must state the time and location of the special event, whether  or  not alcohol may be served at the special event, whether or not special event insurance is required, the amount of insurance coverage required if any, and all other reasonable  requirements  or conditions as determined by the council with consent of the mayor.

 

  • Use/Rental Fees: The town council, with consent of the mayor, may charge user or rental fees. (Ord. 2012-02,9-7-2012)

 

 

7-7-3  :              GROUNDS FOR DENYING SPECIAL EVENT APPLICA-

TIONS: The town council, with consent of the mayor, is required to approve, deny, or approve with conditions all special event applications. Special  event  applications  may be denied if the special event is associated with too high of a risk or danger and is classified as a dangerous exposure class, or the special event may be  denied  for  any other reasonable, nonarbitrary reason of the town council with consent  of  the mayor. The town shall send a timely letter to the user group if the application is denied. (Ord. 2012-02, 9-7-2012)

 

 

7-7-4  :              SPECIAL EVENT PERMIT INSURANCE AND OTHER CON­ DITIONS OF APPROVAL:

 

  • Reasonable Conditions: All conditions of special eventpermit approval shall be reasonable under the individualcircumstances.

 

  • Insurance Coverage Required And Related Conditions: Thetown may require a user group with high exposure classification to provide at least one million dollars ($1,000,000.00) per occurrence liability insurance coverage for a special event, name the town as an addi­ tional insured, and sign a hold harmless agreement as drafted by the town. The town shall require a user group with a medium exposure classification to provide at least five hundred thousand dollars ($500,000.00) per occurrence liability insurance coverage for · a special event and sign a hold harmless agreement as drafted bythe

 

7-7-4                                                                                                                   7-7-5

 

town. The town shall require a user group with a low exposure classification to either provide five hundred thousand dollars ($500,000.00) per occurrence of liability insurance coverage for a special event or require a signed hold  harmless  agreement  as drafted by the town in lieu of the insurance requirement.  As reasonably needed, the town may also require any user group to provide up to five hundred thousand dollars ($500,000.00) in comprehensive casualty, property damage insurance coverage for a special event, naming the town as an additional insured.

 

  • Designating Exposure Classes: The town council with consent of the mayor will designate each special event with an exposure class, on a case by case basis. In determining whether a special event is of dangerous, high, medium, or low exposure class, the town will weigh all of the following factors together: the relative dangerousness and risk associated with the special event; foreseeabilityofpersonal injury and other damages; whether alcohol will be served at the special event; estimated number of persons reasonably expected at the special event; location of the event; estimated duration of the event; timing of the special event, and thelike.

 

  • Security Personnel; Safety Personnel: The town council with consent of the mayor may require reasonable security personnel orother

safety personnel at the special event, and the costs shall be the responsibility of the applicant.

 

  • Other Reasonable Requirements And Conditions: Other reasonable requirements or conditions, such as a requirement toprovideportable restrooms or refuse containers, may be mandated of the special event coordinator by the town council with consent of themayor so long as each is reasonable und_ : thecircumstances.

 

  • Costs; Duties: The cost of such conditional requirements in this section shall be the sole responsibility of the specialeventcoordinator or an agent. The duties of planningandcarryingout such conditional requirements shall be the sole responsibility of the special event coordinator or an agent. (Ord. 2012-02,9-7-2012)

 

 

7-7-5                      :                EXEMPTIONS FROM CERTAIN REQUIREMENTSINTHIS

CHAPTER: As reasonably determined by the council with consent of the mayor, the town may exempt user groups from certain requirements in this chapter such as the liability insurance coverage requirements or any other requirement in the chapter, if the event is a town sponsored event or the special event is of minimal liability exposure as

 

7-7-5                                                                                                                  7-7-8

 

determined by the town after weighing all of the factors together that are listed in subsection 7-7-4C of this chapter. (Ord. 2014-02, 9-2-2014)

 

 

  1. PARKING AND SIGNAGE ISSUES: Section 6-4-4 of this code shall fully apply to all special events requiring closure of any

public street or sidewalk. The signage of right of way closures or no parking shall be as required by subsection 6-4-4B of this code. Vehicles may be towed as set forth in subsection 6-4-4C of this code and  emergency  vehicies are granted the same rights of access as stated in subsection 6-4-4D of this code. (Ord. 2012-02, 9-7-2012)

 

 

  1. CONFLICT OF LAW; SEVERABILITY: To the extent that

this chapter conflicts with any part or provision in this code, then the other part or provision of this code is superseded and is amended hereby. If any portion of this chapter is invalidated by any  court  of  competent jurisdiction, then the other portions of this chapter remain valid and in full force and effect. (Ord: 2012-02, 9-7-2012)

 

 

  1. PENALTY: It shall be unlawful and a misdemeanor for any person to knowingly or purposely hold a special event in vio­

lation of any provision in this chapter. Each day a person holds a special event in violation of this chapter shall be a separate misdemeanor offense. Any such person found guilty of a misdemeanor offense under this chapter shall be subject to a fine not to exceed five hundred dollars ($500.00). "Person" as defined in this section shall include any individual who is a member of any user group who assists in organizing the  special event  in any manner whatsoever. (Ord. 2012-02, 9-7-2012)