TOWN

3.04.010

Chapter 3.04

SPECIAL IMPROVEMENT

DISTRICT REVOLVING FUND

Sections:

3.04.010 Special fund created – Purpose.

3.04.020 Fund transferability.

3.04.030 Bonds – Loan of deficient payments.

3.04.040 Special improvement district No. 15 created – General requirements.

3.04.050 Minimum balance required – Fund transfers.

3.04.010 Special fund created – Purpose.

Under and pursuant to the provisions of MCA Sections 7-12-4221 through 7-12-4228, as amended, there is created and established a special fund which shall be maintained by the town clerk – treasurer on the official books and records of the town, separate from all other funds, to be known and designated as the special improvement district revolving fund, for the purpose of securing the prompt payment of special improvement district bonds issued in payment of the cost of improvements made for the benefit of special improvement districts of the town.

3.04.020 Fund transferability.

For the purpose of providing funds for the revolving fund the town council may in its discretion, from time to time, transfer to the revolving fund from the general fund of the town such amount or amounts as may be deemed necessary, as loans from the general fund to the revolving fund, and shall, in addition to such transfers or in lieu thereof, levy and collect for the revolving fund such a tax on all the taxable property within the town as shall be necessary to meet the financial requirements of the revolving fund; provided, that such levy, together with such transfers, shall not exceed in anyone year five per centum of the principal amount of the then outstanding special improvement district bonds of the town.

3.04.030 Bonds – Loan of deficient payments.

Whenever any special improvement bond of the town or any interest thereon shall become due and payable and there shall then be either no money or not sufficient money in the appropriate district fund with which to pay the same, an amount sufficient to make up the deficiency shall be loaned, by order of the council, by the revolving fund to such district fund and used, with the amount then on hand in the district fund, to pay such bond and interest. Whenever any loan is made to any special improvement district fund from the revolving fund, the revolving fund shall have a lien therefore on all unpaid assessments and installments of assessments on such district, whether delinquent or not, and on all monies thereafter coming into such district fund, to the amount of such loan, together with interest thereon from the time it was made at the rate borne by the bond for payment of which or of interest thereon, so much of such moneys as may be necessary to pay such loan shall by order of the council be transferred to the revolving fund. After all bonds issued on any special improvement district fund have been fully paid, all moneys remaining in such district fund shall by order of the council be transferred to and become part of the revolving fund.

3.04.040 Special improvement district No. 15 created – General requirements.

The town has created a special improvement district designated as special improvement district No. 15, in connection with which it will be necessary to issue special improvement district No. 15 bonds, and the town covenants, undertakes and agrees with the holders of these bonds and all other special improvement district bonds to be offered at public sale in the future, so long as any such bonds, or any interest thereon, remain unpaid, that it will annually authorize loans or advances from the revolving fund to each fund from which such bonds are payable (each such fund being referred to below as the district fund), and will provide funds for the revolving fund by annual tax levies or loans from the general fund, in accordance with the following procedure:

A. Separate bond and interest accounts shall be maintained on the official books and records of the town, within each district fund. Upon the collection of the installment of principal and interest due November 30th in each year on the special assessments levied and appropriated to the district fund, the clerk – treasurer shall credit to the interest account so much thereof as may be necessary to pay interest to become due on all bonds payable from the district fund on the then next succeeding interest payment date, and shall credit the remainder thereof to the bond account. Any installment of any special assessment which is paid prior to its due date, with the interest accrued thereon to such payment date, shall be credited directly to the bond account.

B. The interest account shall be used solely to pay the interest due at annual interest payment dates on the bonds issued against the district fund. The bond account shall be used, whenever and to the extent that funds are available therein, for the redemption of such bonds in order of their registration numbers, and the payment of interest accrued thereon to the date of redemption, in accordance with MCA Sections 7-12-4201 through 7-12-4206.

C. A deficiency shall be deemed to exist in the interest account if ever the balance on hand therein, fifteen days prior to any date on which interest is due on the bonds payable from the fund, is insufficient to pay such interest in full. A deficiency shall be deemed to exist in the bond account on any date on which interest is due on bonds payable from the fund, unless the town has then or there to for redeemed bonds in a principal amount equal to the sum of all installments of special assessments paid prior to their due dates, plus a fraction of the remaining principal amount of the special assessments originally levied and appropriated to the district fund, equal to the number of installments of such assessments then and thereto for due divided by the total number of installments in which such special assessments are permitted to be paid.

D. The town council, not less than fifteen days before the date when interest is due on bonds payable from any district fund, shall issue an order authorizing a loan or advance from the revolving fund to the district fund in an amount sufficient to make good any deficiency then existing in the bond account thereof, to the extent that funds are available in the revolving fund. In the event that the balance on hand in the revolving fund fifteen days prior to any date when interest is due .on special improvement district bonds of the town is not sufficient to make good all deficiencies then existing in the interest accounts of district funds, such balance shall be allocated to the district funds in which such deficiencies then exist, in proportion to the amounts of the respective deficiencies on that date. Any money subsequently received in the revolving fund shall be allocated to the interest accounts of district funds in which deficiencies in proportion to the amounts of the deficiencies on the respective dates of receipt of such money, until all interest accrued on special improvement district bonds of the town has been paid. On any date when all such accrued interest has been paid, any balance remaining in the revolving fund shall be loaned or advanced to the bond accounts of district funds in which deficiencies then exist, in amounts proportionate to the respective amounts of such deficiencies.

E. At the same time as the annual levy for general taxes is certified for collection in each year, the town council shall make a tax levy on all the taxable property within the town in such amount as shall be necessary, together with any amounts therefore transferred to the revolving fund from the general fund, to accumulate in the revolving fund, within a period not exceeding six years from and after the issuance of bonds for any special improvement district, and thereafter to maintain, at all times, a balance equal to ten percent of the principal amount remaining due of all outstanding issues of special improvement district bonds, subject to the maximum limitation stated in Section 3.04.020 of this chapter, but without other limitation as to rate or amount of such tax. All funds derived from such tax levy and transfers shall be irrevocably appropriated to the revolving fund, and used only for the purposes set forth in this chapter, until all special improvement district bonds of the town and all interest thereon are fully paid.

3.04.050 Minimum balance required – Fund transfers.

The balance required in Section 3.04.040E of this chapter to be accumulated and maintained in the revolving fund is determined to be the minimum amount necessary as a reserve for payment and redemption of maturing special improvement district bonds and interest of the town. Nothing in this chapter shall prevent the town council from appropriating to the revolving fund from other funds properly available therefore amounts in excess of the minimum reserve established in this chapter, or from transferring such excess amounts to the general fund or using such excess amounts for the purchase of property against which unpaid assessments are outstanding pursuant to MCA Sections 7-12-4227 and 7-12-4228; but the town expressly covenants and agrees with the holders from time to time of all of its special improvement district bonds that no such transfers or purchases will be made at any time in such manner as to reduce the reserve in the revolving fund below the amount agreed in this chapter be maintained. The revolving fund will be deposited in a duly qualified depository bank and secured at all times as required by MCA Sections 7-6-201 through 7-6-212, but no time deposit shall be made for a period exceeding one hundred eighty days and the town council is also authorized to invest all or any portion of the reserve in direct obligations of the United States government, payable within not to exceed one hundred eighty days from the time of such investment.

Title 5

BUSINESS LICENSES AND REGULATIONS

Chapters:

5.08 Door to Door Soliciting

5.12 Itinerant Vendors

5.12.010

Chapter 5.12

ITINERANT VENDORS

Sections:

5.12.010 Definitions.

5.12.020 License – Required – Fee.

5.12.030 License – Form.

5.12.040 Approval of town council.

5.12.050 Police power.

5.12.060 Permanent business.

5.12.070 Violation – Penalty.

5.12.010 Definitions.

5.12.010 Definitions

For the purposes of this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows:

A. "Consumer" means one who uses, and by using, destroys the value of the article purchased.

B. 1.) "Itinerant tradesman" means and includes any person who temporarily follows in the Town a pursuit requiring manual or technical training and dexterity.

2.) "Itinerant tradesman" also means and includes any person, possessing an occupation not purely commercial, mechanical agricultural or the like to which he devotes himself and within he professes to have acquired some special knowledge used by way either of instructing, guiding or advising others or of serving them in some art who temporarily follows his profession in the Town.

C. "Itinerant vendor" means any person, engaged or employed in the business of retailing to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment, and there soliciting, selling or offering to sell, or exhibiting for sale, by sample, by catalogue, or otherwise, or taking orders for future delivery of any goods, wares or merchandise, or for services to be performed to be performed in the future.

5.12.020 License – Required – Fee.

A. Any itinerant person, firm, co – partnership or corporation desiring to follow his, or its, occupation, calling, industry or pursuit in the town shall procure from the clerk – treasurer a license for that purpose, such license fees to be as follows:

1. A license fee of ten dollars per day for itinerant vendors;

2. A license fee of ten dollars per day for itinerant tradesmen;

3. A license fee of ten dollars per day for itinerant professionals; and

4. A license fee of ten dollars per day for all other itinerants. .

B. The license fees are to be paid to the clerk – treasurer.

5.12.030 License – Form.

A. The form of licenses to be issued under this chapter shall be prescribed by the town council. The town council shall also promulgate the forms to be used in applying for such licenses and may require the applicant for such license to state in his application such facts as the town council may deem necessary to enable it to pass upon such application, including the name and address of the applicant, and such other information as the town council may require.

B. All expenses in connection with the administration of this chapter shall be charged against the funds collected under these provisions, and any sums which may remain after the payment of such expenses shall be kept by the clerk – treasurer to be used as the town council may direct.

C. To knowingly make any false statement in the application constitutes a misdemeanor and shall be punishable as provided in Section 5. 12.070 of this chapter.

5.12.040 Approval of town council.

All licenses granted under this chapter shall be subject to the approval of the town council, and when the interest of the public requires it, the town council may, in its discretion demand a lesser or greater license fee than that which is prescribed in this chapter.

5.12.050 Police power.

Every person licensed under the provisions of this chapter shall be subject to regulation, inspection, control and supervision, under the general police power of the town and all the ordinances now in force, or which may hereafter be adopted in aid of such police power and regulation, and each and every such license shall be subject to suspension and revocation upon good cause being shown to the town council

5.12.060 Permanent business.

This chapter shall in no way affect any person, firm, co-partnership or corporation who, or which, maintains a permanent place of business or who, or which, is permanently established in the town.

5.12.070 Violation – Penalty.

Any itinerant who has not been issued a license under this act and who follows his or its occupation, calling, industry or pursuit in the town is guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.12 of this code.

Title 6

ANIMALS

Chapters:

6.04 Animals Generally

6.08 Dogs and Cats

6.04.010

Chapter 6.04

ANIMALS GENERALLY

Sections:

6.04.010 Ownership of Animals in City Limits

6.04.020 Running at large – Impoundment – Authority.

6.04.030 Animals running loose.

6.04.040 Sale of animals.

6.04.050 Violation – Penalty.

6.04.010 Ownership of Animals in City Limits

It is unlawful for any person to keep, feed, harbor or allow to stay about the premises any horses, cattle, livestock, sheep, pigs, or poultry within the city limits of the town.

6.04.020 Running at large – Impoundment – Authority.

It shall be the duty of the chief of police to impound any such animals or poultry so found running at large and to forthwith notify the owner or custodian thereof, if such owner or custodian can conveniently be found, and such owner or custodian may redeem the same within three days after such notice on payment of the fine provided for in this chapter, and of the reasonable costs of such impounding, and the reasonable cost of keeping such animals or poultry, and should such owner or custodian fail to redeem such animals or poultry within such time, then the chief of police shall proceed to sell the same by giving public notice of such sale by posting a notice in three of the most public places in the town, such notice shall specify the time an place of sale and describe the animals or poultry to be sold, the name of the owner or custodian, if known, and any amount claimed to be due

6.04.030 Animals running loose.

It is unlawful for any person to permit or allow any horses, cattle, sheep, pigs or poultry to run at large within the limits of the town.

6.04.040 Sale of animals.

At the sale such animals or poultry shall be sold at public auction to the highest bidder for cash and the proceeds of the sale shall be used, first, to defray the expense of such sale; second, to pay such fine and costs of impounding, and keeping and the surplus, if any, shall be deposited with the clerk-treasurer to be paid to the owner of the animals or poultry within one year from the date of such sale, and if not claimed with the time, then such sum shall be turned into the general funds of the town.

6.04.050Violation – Penalty.

Any person violating any of the terms of this chapter shall be subject to a fine. Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in Chapter 1.12 of this code.

6.08.010

Chapter 6.08

DOGS AND CATS

Sections:

6.08.010 Definitions.

6.08.020 License – Required – Procedure for obtaining.

6.08.030 License – Application.

6.08.040 License – Transferability – Tag issuance – Duplicates.

6.08.050 License – Expiration.

6.08.060 Rabies vaccination required.

6.08.070 Pound established – Animal warden appointment.

6.08.080 Unlicensed or stray dogs and cats.

6.08.090 Running at large.

6.08.100 Impoundment – Recordkeeping.

6.08.110 Impoundment – Retention period – Disposition.

6.08.120 Impoundment – Collection of fees.

6.08.130 Voluntary disposal – Fee.

6.08.140 Female dogs and cats in season.

6.08.150 Barking dogs.

6.08.160 Vicious dogs.

6.08.170 Running at large on school grounds.

6.08.180 Dogs or cats in parks – Prohibited.

6.08.190 Dogs or cats in parks – Ejection authority.

6.08.200 Abandonment unlawful.

6.08.210 Animal kennels.

6.08.220 Dog or cat shows and seeing – eye dogs.

6.08.010 Definitions.

As used in this chapter, unless the context otherwise indicates:

A. “Animal warden” means any one or more of the employees of the town designated by the mayor as animal wardens.

B. “At large” means off the premises of the owner and not under the control of the owner or any person either by lease, cord, chain or otherwise.

C. "Cat" means both female and male.

D. "Disposal of dog or cat" means dogs or cats shall be shot and killed or disposed of in any manner which the animal catcher or pound master may see fit.

E. "Dog" means both female and male.

F. "Kennel" means any premises or property of any kind or description where more than two female dogs or cats are kept for breeding purposes, or where more than one litter of pups, dogs, kittens or cats are kept for purposes of sale.

G. "Owner" means any person owning, keeping or harboring a dog and/or cat.

H. "Pound" means the place provided by the town for the impounding of dogs and cats.

I. "Vaccinate" means the inoculation of a dog or cat with an antirabies vaccine by any licensed veterinarian.

6.08.020 License – Required – Procedure for obtaining.

A. The owner of every dog or cat harbored or maintained within the town shall license such dog or cat within thirty days after such dog or cat becomes five months old, or within thirty days in the case of a dog or cat five months old or older, newly brought into the town.

B. No license shall be issued unless the applicant therefore produces satisfactory proof that such dog or cat has been vaccinated with a rabies vaccine currently effective. Such proof may be made by presenting the vaccination receipt referred to in Section 6.08.060 of this chapter.

C. Dog and cat licenses shall be issued by the mayor, or the animal warden and the animal license fee of ten dollars for each male or spayed female and twenty dollars for each unspayed female shall be collected; provided that any dog or cat becoming five months old on or about September 1^st of any year or which is brought into the town on or after that date shall be subject to license at one half the regular fee.

D. The license fee on all dogs or cats is due on January 1st of each year, and if not paid within thirty days thereafter, as provided in this chapter, shall therefore, be twenty dollars for each male or spayed female and forty dollars for each unspayed female.

6.08.030 License – Application.

The owner shall, at the time of application for a license is made, state upon a printed form provided for that purpose, the name and address of the owner, the name, breed, color, sex, age, and if a female, whether spayed or not, of each dog or cat owned or kept by him; also the date such dog or cat was vaccinated and

6.08.040 License – Transferability – Tag issuance – Duplicates.

A. Upon payment of the license fee under this chapter, the clerk – treasurer or agent designated as provided in this chapter shall issue to the owner a license certificate in the form of a receipt and a metallic tag for each dog or cat so licensed. The tag shall have stamped thereon the year for which it was issued and the number appearing on the certificate. Every owner shall provide each dog or cat with a collar and shall securely attach to such collar the license tag and the vaccination tag.

B. No license provided for in this chapter is transferable, and no license tag shall be fastened to any dog or cat other than the one for which it was issued. Any person who knowingly fastens a license tag or a vaccination tag to any dog or cat other than the one for which such tag was issued or who willfully permits such dog or cat to wear any license tag or vaccination tag issued for another dog or cat, is guilty of a misdemeanor, and the animal warden shall impound every dog or cat found bearing a license tag or vaccination tag not issued for that dog or cat, and shall dispose of such dog or cat as provided by Section 6.08.110 of this chapter.

C. In case a license tag is lost or destroyed, the owner of the dog or cat shall apply to the clerk – treasurer for a duplicate tag and the clerk-treasurer shall issue a duplicate tag upon presentation of the receipt showing payment for the license for the current year and upon payment of three dollars for the duplicate tag.

D. In case a vaccination tag is lost or destroyed, the owner of the dog or cat shall apply to the veterinarian who vaccinated the dog or cat for a duplicate tag upon the presentation of the receipt showing payment for the vaccination and upon payment of such charge as the veterinarian may require

6.08.050 License – Expiration.

All licenses shall expire at twelve midnight of the last day of December, next after payment of the license fee.

6.08.060 Rabies vaccination required.

The owner of every dog or cat kept, harbored, or maintained within the town which is five months old or older shall, at such owner's expense cause such dog or cat to be vaccinated for rabies by a licensed veterinarian, and the owner of any such dog or cat who shall for thirty days willfully fail to have such dog or cat vaccinated is guilty of a misdemeanor. The veterinarian vaccinating such dog or cat shall give to the owner a rabies vaccination receipt and a metallic vaccination tag. The veterinarian shall retain a copy of the vaccination receipt for such period as the health officer of the town shall prescribe. The owner of such dog or cat when applying for the license required by Section 6.08.020 of this chapter shall present either the vaccination tag or the original vaccination receipt as proof of vaccination.

6.08.070 Pound established – Animal warden appointment.

There is established a pound in the town. The animal warden and police shall be in charge of such pound, with conjunction of the veterinarian. The animal warden shall be designated by the mayor to act as such animal warden.

6.08.080 Unlicensed or stray dogs and cats.

A. Every unlicensed dog or cat running at large shall be taken by the animal warden or pound master and immediately disposed of in any manner in which the animal warden or pound master may see fit.

B. Every person who knowingly keeps, feeds, harbors or allows to stay on premises occupied or controlled by him, any dog or cat for which no license fee has been paid, or upon which no license tag and vaccination tag are kept as required by Section 6.08.040 of this chapter, is guilty of a misdemeanor.

6.08.090 Running at large.

A. Every dog or cat, licensed, found running at large in the streets, avenues, alleys or public places within the town, or on private property belonging to persons other than the owners or persons in control of such dogs or cats, is declared to be a public nuisance and may be taken and impounded in the town pound by the animal warden, any policeman or other persons designated by the mayor from time to time for such purpose.

B. Every owner or other person in control of or feeding any dog or cat, who allow such dog or cat to be at large as defined in Section 6.08.010 of this chapter, is guilty of maintaining a public nuisance and. therefore guilty of a misdemeanor.

6.08.100 Impoundment – Recordkeeping.

Immediately upon impounding any dog or cat, the animal warden shall record in a book to be provided by the town and by him kept for that purpose, a description of such dog or cat. Such record shall state the sex, color, breed, estimated age, distinguishing marks, if any, and the date and hour of impounding, upon final disposition of such dog or cat, the record shall show the disposition.

6.08.110 Impoundment – Retention period – Disposition.

A. Every dog or cat impounded shall be held for a period of forty-eight hours after such impoundment and if not claimed by their owner or by some person acting in the owner's behalf who pays the license and impounding fees as provided in this chapter, may be put to death by the animal warden; provided, that instead of putting such dog or cat to death, the animal warden, in his discretion, may turn any such dog or cat over to some person who agrees to and who does permanently removes it from the town and who finds a home for the dog or cat outside the town and if the dog or cat is less than one year old, the animal warden may turn such dog or cat over to some person who agrees to find a home for the dog or cat inside town. In either case, such person must pay the fees referred to in Section 6.08.120 of this chapter, except that no license fee need be paid for a dog or cat to be removed from town.

B. Any female dog or cat may be released by the animal warden, free of any pound charges, provided the following procedure is followed: Citizen may express desire to adopt a female dog or cat. This animal will be held by the animal warden eight hours longer to give the citizen time to acquire a paid certificate for spaying operation by the veterinarian. The animal warden or police officer will verify the receipt by calling the veterinarian whose signature is shown.

C. A time period of seventy-two hours will be allowed for entering a veterinarian hospital for spaying purposes. Upon completion of spaying, the veterinarian must notify the animal warden of same.

D. If these time limits are not followed, the dog or cat will be reclaimed by the animal warden.

6.08.120 Impoundment – Collection of fees.

Before any dog or cat is released from the pound, the animal warden shall collect from the person claiming such dog or cat, a fee of twenty dollars for impounding such dog or cat and a fee of ten dollars for each day or fraction of a day that the dog or cat has been impounded. It is the duty of the animal warden to remit immediately all sums of money collected by him to the clerk-treasurer.

6.08.140 Female dogs and cats in season.

Every person having under his control any female dog or cat in heat (i.e., in the oestrual period) shall confine such dog or cat in a house, garage or other building, and in such manner as to eliminate the congregation of other dogs or cats in the immediate vicinity of the female. Any such female dog or cat not so confined is a public nuisance, and the owner or other person in control of such dog or cat is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor. The animal warden or any policeman shall immediately abate every such nuisance by impounding or disposing of such dog or cat as provided in Section 6.08.080 or 6.08.090 of this chapter.

6.08.150 Barking dogs.

Every person who keeps, feeds, harbors or allows to stay about any premises occupied or controlled by him, any dog which by loud and continuous barking, howling or yelping constitutes an annoyance or disturbance to the neighborhood or to any considerable numbers of persons is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor.

6.08.160 Vicious dogs.

A. Any person who keeps, feeds, harbors, or allows to stay about the premises occupied or controlled by him within the town any vicious, unruly or ferocious dog, and suffer such dog to be at large or insecurely confined is guilty of maintaining a public nuisance and is guilty of a misdemeanor. Every day such dog is suffered to be at large or insecurely confined is a separate offense.

B. Upon the discretion and advice of the health officer, any animal which bites or otherwise exposes a person shall be isolated in strict confinement in a place and manner as prescribed by the town health officer and observed for at least fourteen days after the day of infliction of the bite. If approved by the health officer, such animal must be impounded by the animal warden, in which case the owner must pay the daily fee. If the owner fails to pay such fees, the animal warden shall dispose of the animal.

c. On the digression of Law Enforcement, the animal shall be disposed of immediately if deemed necessary.

6.08.170 Running at large on school grounds.

A. Every person who owns, keeps or harbors any dog or cat who knowingly permits such dog or cat to run at large on any school grounds within the town, is guilty of maintaining a public nuisance and is therefore guilty of a misdemeanor.

B. Any officer or employee of the town and any officer or employee of any school within the town is authorized to take, chase or drive any dog or cat from such school grounds using any reasonable means therefore, and the animal warden shall impound or dispose of any dog or cat found running at large on any such school ground as provided in Section 6.08.080 or 6.08.090 of this chapter.

6.08.180 Dogs or cats in parks – Prohibited.

Every person who at any time shall take any dog or cat into any park owned by the town or who permits any dog or cat owned by such person to be in any such park or who shall induce any dog or cat to enter or remain in any such is guilty of a misdemeanor.

6.08.190 Dogs or cats in parks – Ejection authority.

Any officer or employee of the town is authorized to take, chase or drive any dog or cat from any park owned by the town any time, using any reasonable means therefore, and the animal warden shall impound or dispose of any dog or cat found running at large in any such park as provided in" Section 6.08.080 or 6.08.090 of this chapter.

6.08.200 Abandonment unlawful.

No person shall abandon or in any manner turn loose any dog or cat to stray upon the streets of the town.

6.08.210 Animal kennels.

Any person, firm or corporation maintaining a kennel as defined in Section 6.08.010 of this chapter, shall pay a license fee of 100.00 dollars per year for the maintaining of such kennel. No license shall be issued until the premises to be used for such kennel have been inspected and approved by the animal warden or by the health department of the town. Every person, firm or corporation licensed under this section shall be subject to regulation, inspection, control and supervision by the animal warden and the health department. Inspections shall be performed quarterly.

6.08.220 Dog or cat shows and seeing-eye dogs.

A. No license shall be required for dogs or cats brought into the town for the purpose of participating in any dog or cat show, but such dogs and cats must be vaccinated as required by Section 6.08.060 of this chapter.

B. Licenses shall be required for seeing-eye dogs trained to assist blind persons, when such dogs are actually being used by blind persons, but the fees provided for in Section 6.08.060 of this chapter, shall be waived, but such dogs must be vaccinated as required by section 6.08.060 of this chapter.

Title 8

HEALTH AND SAFETY

Chapters:

8.04 Fire Prevention and Control

8.08 Storage of Inflammable Liquids

8.12 Fireworks

9.24.010

Chapter 9.24

PUBLIC NUISANCES

And DECAY ORDINANCES

Sections:

9.24.010 Purpose

9.24.020 Definitions

9.24.030 Mayor and Town Council

9. 24. 40 Community Decay and Shielding Standards

9.24.050 Notification − Violation

9 .24.010: Purpose

(A) It shall be a violation of this chapter to own or maintain any public nuisance or community decay within the city.

(B) This chapter applies to the whole of the city and any areas which may hereafter be annexed to the city.

9. 24.020: Definitions

AGENCY: The Mayor and Town Council designated to enforce the community decay ordinance.

COMMUNITY DECAY: A public nuisance created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property.

COMMUNITY DECAY STANDARDS: Those standards which may be adopted by the mayor in order to provide guidance to the enforcing agency as to the application of this chapter.

PERSON: An individual, firm, partnership, company, association, corporation, city, town, or any other entity whether organized for profit or not.

PUBLIC NUISANCE: A nuisance which affects, at the same time, an entire community or neighborhood or any other considerable number of persons, although the extent of the annoyance or damage inflicted on individuals may be unequal.

PUBLIC VIEW: Any point, six feet (6') above the surface of the center of any public road, property or right of way, from which the community decay can be seen.

SHIELDING: Refers to fencing or other manmade barriers to conceal a facility from public view. It also refers to natural barriers. Any shielding barrier must conform to all local zoning, planning, building and protective covenant provisions or applicable city ordinance. Any shielding is to be of sufficient height that none of the violation on the premises is visible to public view.

9. 24. 030: Agencies powers and duties

The mayor and the town council shall have the following powers and duties:

(A) The duty to inspect when there has been a complaint by more than three people that "community decay" is present in an area.

(B) The power to formulate applicable standards by which to enforce this chapter.

(C) The power to determine whether this chapter applies after an inspection of the property or area. The violation must be in public view.

(D) The duty to send a written notice of violation to the owner of the property in violation of this chapter.

(E) The power to enter upon the property in violation after written notice and a show cause hearing, if applicable, for the specific purpose of abating the violation.

(F) The power to assess the property owner for the actual costs of an abatement made by the mayor and town council.

9. 24.040: COMMUNITY DECAY AND SHIELDING STANDARDS

(A) Community Decay Standards: It shall be a violation of this chapter to allow any of the following conditions to exist within "public view", as defined within this chapter, on any land or property in the city:

1. The piling or spreading of straw, hay, grass trimmings or similar material unless the material is to be used as soil conditioner or mulch and the material is plowed into the ground or otherwise mixed and covered with clean soil within sixty (60) days from placement upon a lot or field.

2. The dumping, piling, or stacking of bricks, concrete blocks, waste wood, and/or similar material on open lots or fields, unless said material is stacked in neat piles and all waste material from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, is removed to a licensed solid waste disposal facility or to some other location which has been approved by the mayor and town council within a reasonable period approved by the agency. Should such an operation be an ongoing continuous business, it shall be located in an area properly zoned for such a salvage business and shall be shielded from public view. Shielding shall meet the shielding standards outlined within these community decay standards and/or city zoning regulations.

3. The storage or large accumulation of cardboard boxes, broken packing boxes, paper, or other similar items on lots or fields.

4. The piling, dumping or depositing of any dirt, demolition wastes including wood, bricks, concrete, used road blacktop and other similar materials on any open lots or fields, unless such material is to be utilized for fill material to fill a coulee or land depression. If such material is used as fill material, all such material shall be completely covered with clean fill material once every ten (10) days and the fill area shall be adequately fenced to restrict access to the area. Failure to comply with the periodic cover and access control requirements shall constitute a violation of this chapter.

5. The storage and accumulation of iron, metal, component vehicle and machine parts, junk vehicles, household appliances, barrels and other salvaged metal items, unless such material is stored in an approved, licensed, and shielded motor vehicle wrecking facility. If such material is being accumulated as part of an ongoing, active salvage business other than an approved licensed motor vehicle wrecking facility, the salvage business must be located in a properly zoned area for such a business and shall be shielded from public view. Shielding shall meet the shielding standards outlined within these community decay standards and/or city zoning regulations.

The standards set forth herein are for guidance only and are not intended nor shall the same be considered the sole or exclusive standards establishing a violation.

(B) Shielding Standards:

1. All plans for shielding shall be approved by the mayor and town council prior to commencing construction of shielding.

2. When fences are used for shielding the boards may be spaced and/or slanted to reduce wind load. The space between boards when viewed from broadside shall not be more than one and one – half inches (1 1/2") and the interval between spaces shall not be less than seven and one – half inches (7 1/2"). Rough dimensional lumber or better is acceptable. Chain link fences with standard fiberglass or other inserts are acceptable, provided the gap between adjacent slats does not exceed one and one – half inches (1 1/2").

3. Shielding with shrubs and trees shall provide a similar degree of shielding at all times of the year.

4. Other types of fencing of equivalent permanence, attractiveness, and shielding qualities, including corrugated metal, are also acceptable.

5. No more than one of the approved shielding materials shall be used on any one side of a shielding fence.

6. The fencing is to be maintained by the property owner or occupant in a neat and workmanlike manner and shall be replaced when necessary.

9.24.050: Notificaion−Violation

(A)Upon the mayor and town council own information or upon written complaint by a member of the public that a public nuisance has been created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property, the mayor and town council shall inspect the property alleged to be in violation of this chapter. Upon inspection the mayor and town council shall determine whether there is a violation of this chapter.

(B)If there appears to be a violation of this chapter, the mayor and town council shall notify the owner of the property in writing of the violation. This notice shall be sent by certified mail. This notice shall include a statement specifically describing the violation.

(C)The notice of violation to the owner shall specify that the owner has thirty (30) days from receipt of such notice within which to become in compliance with this chapter by means of removal or shielding of the conditions.

(D)The owner may, after notification of violation, submit a plan of abatement to the mayor and town council which shall include: 1) type of abatement or shielding if allowed; 2) date for commencement of action; and 3) reasons, if appropriate, why abatement cannot be started within the thirty (30) days. The mayor and town council may accept such plan and defer further proceedings under this chapter pending abatement.

(E)After thirty (30) days or the date agreed to by owner and mayor and town council, not to exceed ninety (90) days, the mayor and town council shall determine whether the violation has been abated by the owner.

(F)If the owner has failed to act, the mayor and town council shall send a notice setting a date and time for hearing before the city court notifying the owner to appear to show cause why the violation has not been abated.

(G)A show cause hearing will be held by the city court. Both the city mayor and town council agency and the owner may give evidence. At the end of the hearing, the court shall determine if proper notification was made and if the violation exists. The owner shall be ordered to abate it within a reasonable time.

(H)If, after a show cause hearing, the owner has not complied with the court ordered abatement, the mayor and town council may send written notification by certified mail and allow ten (10) days further to complete abatement. Ten (10) days after receipt of notice by owner, the mayor and town council may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the mayor and town council deems appropriate.

(I)The mayor and town council may assess the property owner/user for the actual costs of the abatement.

(J)Nonpayment of the assessment by the mayor and town council may be taken as a lien upon the property and is enforceable as is nonpayment of property taxes.

Title 10

TRAFFIC ADMINISTRATION

Chapters:

10.04 Traffic Administration

10.08 Juvenile Traffic Court

10.12 Drivers

10.16 Accidents

10.20 Speed

10.24 Stopping, Standing and Parking

10.28 Weight and Size Restrictions

10.32 Snowmobiles

10.36 Bicycles and Motorcycles

10.40 Pedestrians

10.44 Parades

10.48 Miscellaneous Traffic Regulations

10.24.010

Chapter 10.24

STOPPING, STANDING AND PARKING

Sections:

10.24.010 Angle and parallel parking.

10.24.020 Open space and clearance – Oversized loads.

10.24.030 Permit required for parking when.

10.24.040 Distance between vehicles.

10.24.050 Vehicle length restrictions.

10.24.060 Parking within marks.

10.24.070 Minimum distance from property line.

10.24.080 Angle parking..

10.24.100 Obstruction of alley access.

10.24.110 Parking in alley

10.24.120 Yellow curbs.

10.24.130 Loading and unloading.

10.24.140 Positioning at curbs.

10.24.150 Display of vehicles.

10.24.160 Distance from fire hydrants.

10.24.170 Emergency vehicles.

10.24.180 Interference with traffic.

10.24.190 Double parking.

10.24.200 Parking in public places.

10.24.230 Manner of exiting parking spaces – General requirements

10.24.250 Parking on town streets

10.24.260 Parking or storing vehicles on town streets

10.24.010 Angle and parallel parking.

A. Where parallel parking is required by the provisions of this chapter, vehicles shall stand or be parked parallel with and within twelve inches of the curb, and shall not be parked nearer to each other than three feet.

B. Where angle parking is required, vehicles shall stand at an angle of about forty-five degrees to the curb and with the right front wheel touching or within one foot of the curb and shall not be parked nearer to each other than one foot.

C. Outside of the congested district, vehicles when parked upon the street, may be parked either parallel with the curb or at an angle thereto.

10.24.020 Open space and clearance – Oversized loads.

A. It is unlawful to park any vehicle on any street for any purpose whatsoever so that any part of such vehicle or its load extends into the street to a point nearer than eight feet from the centerline thereof.

B. The object of this provisions is to keep an open space or clearance of sixteen feet in the middle of the highway at all times, and if a vehicle or its load is of such length that it cannot be parked on a certain highway so as to conform with this and other provisions of this chapter, it shall not be left standing upon such highway.

10.24.030 Permit required for parking when.

It is unlawful for any person, firm or corporation to hereafter use or occupy any part of the public ways of the town for the following purposes, namely: The construction and use of vehicular driveways across sidewalks between business places and streets and avenues; the construction and use of stairways upon sidewalk space to basement and second floors of business buildings; for parking space for vehicles set apart by "no parking" signs; for the erection and maintenance of telephone, telegraph and electric light poles; without obtaining a permit for such use from the Ii council. The right is reserved to the council to deny any application for a permit for the above uses. The town council by resolution may order the discontinuance, abandonment or removal of any such uses on any part of the public ways of the town when it deems such use to be detrimental to the safety and/or convenience of the public, or when such use is not conducive to the best interest of the town.

10.24.040 Distance between vehicles.

A driver or operator of a vehicle desiring to occupy any portion of an unoccupied parking space adjoining a parked vehicle, shall in parking his vehicle conserve parking space as much as possible by parking approximately three feet from a vehicle, where parallel parking is required, and not closer than one foot or farther than two feet from such adjoining vehicle where angle parking is required

10.24.050 Vehicle length restrictions.

No truck or other motor vehicle having a wheel base of greater length than one hundred thirty-three inches, chassis or a bed of greater length than eight feet shall be parked on any street or avenue at an angle to or diagonal to the curb or in any other manner than parallel to and adjacent to the curb of such street or avenue.

10.24.060 Parking within marks.

Where parking space is marked on curb, by paint or otherwise, vehicles must park within space so designated.

10.24.070 Minimum distance from property line.

Where parallel parking is required, no vehicle shall be parked within three feet of the property line at any public highway intersection. The distance is to be measured back from the property line and along the curb line.

10.24.080 Angle parking.

Where angle parking is required, no vehicle shall be parked within sixteen feet of the property line at any public highway intersection. The distance is to be measured back from the property line and along the curb line.

10.24.100 Obstruction of alley access.

No vehicle shall be parked upon any public highway so as to block or interfere with the free use of any alley or driveway.

10.24.110 Parking in alleys.

Vehicles, other than commercial, shall not park in any alley. Commercial vehicles shall not park in alleys longer than is required to load or unload when so parked. Such vehicles shall stand as close as possible to one side of the alley and in any case shall so stand as to permit other vehicles to pass. Vehicles in alleys shall comply with the directions and orders of police officers.

10.24.120 Yellow curbs.

Vehicles must not park by curbs painted yellow.

10.24.130 Loading and unloading.

Vehicles engaged in loading or unloading passengers or commodities while on the public highway shall be loaded and unloaded continuously and as rapidly as practicable.

10.24.140 Positioning at curbs.

A. It is unlawful to stand a vehicle in such manner as to bring the left side thereof next to the curb, or to stand a vehicle at a greater distance than one foot from the curb.

B. No vehicle shall stand backed to the curb, except when actually loading or unloading some commodity.

10.24.150 Display of vehicles.

No vehicle shall be left standing on any public highway for the purpose of display or for sale or exchange without town council approval.

10.24.160 Distance from fire hydrants.

No vehicles shall be parked or left standing within fifteen feet of a fire hydrant. The distance is to be measured back from the hydrant and along the curb.

10.24.170 Emergency vehicles.

Emergency vehicles, such as ambulances and apparatus of the fire and police departments and of public utilities, while actually engaged in emergency business, are not subject to local traffic regulations.

10.24.180 Interference with traffic.

No vehicle shall be parked or otherwise stopped so as to prevent free passage of other vehicles in both directions at the same time.

10.24.190 Double parking.

No vehicle shall double park on any street except when calling for or delivering merchandise, or taking on or discharging passengers, and when access to curb parking is blocked by other vehicles, at the place of delivery, and then only for such length of time as be to load or unload.

10.24.200 Parking in public places.

No vehicle shall be left parked, except while actually being loaded or unloaded, or while taking on or discharging passengers, upon any street along the curb thereof in front of any motion picture show, theater, or other amusement house, or any hotel entrance. By front is meant the distance between the two side lines of the building or portion of building used for a motion picture show, theater, or other amusement house; provided, that the restriction contained in this section shall apply to only one entrance to anyone hotel, as selected by the proprietor thereof, and that the restricted area in front of such hotel entrance shall include a distance of thirty feet only along the curb.

10.24.230 Manner of exiting parking spaces – General requirements.

In leaving parallel parking space, vehicles must in all cases head out into the line of traffic and shall not in any case back out of such parking space.

10.24.250 Parking on town streets

Parking on town streets is limited to seventy two hours with out being moved. Vehicles must be currently licensed and operable. Vehicles left over seventy two hours without moving is a violation of this code. This municipality may remove said vehicles and the cost of removing and storage shall be charged to the owner, operator or possessor of such vehicles and may be charged with a misdemeanor and fined in an amount not to exceed ten dollars for each 24 hours such vehicle has been parked.

10.24.260 Parking or storing vehicles on town streets

Parking or storing vehicles on private property is limited to five vehicles. Anything over five vehicles will be considered a public nuisance as set forth in Chapter 9.24 and must be affectively screened by a six foot solid fence, fencing materials must be approved by town council. Anyone not complying with this code will be perpetrating a nuisance and shall be punished as set forth in Chapter 1.12 of this code.

10.32.010

Chapter 10.32

SNOWMOBILES, MOTORCYCLES AND ATV’S

Sections:

10.32.010 Definitions.

10.32.020 Applicability of regulations.

10.32.030 State registration required.

10.32.040 Operating restrictions.

10.32.050 Unlawful acts designated.

10.32.060 Operation on private property.

10.32.070 Operating time restrictions.

10.32.080 Riding on streets, roadways and snowmobile paths.

10.32.090 Yield right-of-way.

10.32.100 Clinging to vehicles.

10.32.110 Obstructive parking.

10.32.120 Riding on sidewalks.

10.32.130 Violation – Penalty.

10.32.010 Definitions.

As used in this chapter, the following terms shall have the meanings indicated in this section, unless the context other wise clearly requires that another meaning be intended:

A. "Operator" means and includes every person who operates or is in the physical control of the operation of a snowmobile, motorcycle or ATV.

B. "Owner" means and includes every person as defined in this section, other than a lien holder or other person having a security interest only, holding record title to a snowmobile, motorcycle or ATV and entitled to the use or possession thereof.

C. "Person" means and includes an individual, partnership, association, corporation and any other body or group of persons, whether incorporated or not, and regardless of the degree of formal organization.

D. "Roadway" means and includes only those portions of any highway, road or street improved, designed or ordinarily used for travel or passage of motor vehicles.

E. "Snowmobile" means and includes any self-propelled, track or wheel driven, vehicle designed primarily for travel on snow or ice or natural terrain, which may be steered by wheels, skies or runners, and which is not other – wise registered or licensed under the laws of the state.

10.32.020 Applicability of regulations.

A. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

B. These regulations applicable to snowmobiles shall apply whenever a snowmobile, motorcycle or ATV operated upon any street or upon any public path set aside for the exclusive use of snowmobiles, motorcycles or ATVs subject to those exceptions stated in this chapter.

10.32.030 State registration required.

The owner of a snowmobile, motorcycle, or at shall register such vehicle with the Registrar of Motor Vehicles of the state, and shall further comply with all provisions of the 1969 Snowmobile Act. The owner shall display in a conspicuous place on such registered vehicle, the registered number.

10.32.040 Operating restrictions.

A. No person shall operate a snowmobile, motorcycle or ATV upon a controlled access highway or facility.

B. A snowmobile, motorcycle or ATV make a direct crossing of a street or highway, where such crossing is necessary to get to another authorized area of operation. Such crossings shall be made at an angle of approximately ninety degrees to the direction of the highway, a place where no obstruction prevents a quick and safe crossing. The snowmobile, motorcycle or ATV shall make a complete stop before entering upon any part of the highway or road and the operator shall yield the right – of – way to all oncoming traffic.

C. No snowmobile, motorcycle or ATV shall be operated upon a public street or highway when permitted to do so by this chapter, unless equipped with at least one head lamp and one tail lamp, which shall be lighted at all times during such operation and unless equipped with a suitable braking device which may be operated by either hand or foot.

10.32.050 Unlawful acts designated.

It is unlawful for any person to drive or operate any snowmobile, motorcycle or ATV in anyone or more of the following manners:

A. At a rate of speed greater than twenty five miles per hour or reasonable and proper under all existing circumstances;

B. Without a full stop at any and all intersections;

C. In a careless or reckless manner so as to endanger the person or property of another, or to cause injury or damage to either;

D. Without a lighted head and tail light between the hours of dusk and dawn when upon crossing or when upon any public road, or when otherwise required for safety of others;

E. Operating a snowmobile, motorcycle or ATV or permitting such operation, by any person who by reason of physical or mental disability is incapable of operating the vehicle as required for safety under the prevailing circumstances;

F. Without a muffler in good working order and in constant operation which prevents excessive or unusual noise and annoying smoke.

G. To pull any sled or trailer or any other object without a "rigid type" hitch.

10.32.060 Operation on private property.

Snowmobiles, motorcycles or ATVs will not be operated on private property without the permission of the owner, and at no time shall they be operated on sidewalks or posted areas.

10.32.070 Operating time restrictions.

No snowmobiling, motorcycle riding or ATV use shall be done after the hour of ten p.m. within the town except in going to or from an evening ride.

10.32.080 Riding on streets, roadways and snowmobile paths.

A. Every person operating a snowmobile, motorcycle or ATV upon a street or roadway shall ride as near to the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

B. Persons riding snowmobiles, motorcycles or ATVs upon a street or roadway shall not ride more paths or parts of exclusive use of snowmobiles.

10.32.090 Yield right-of-way.

Emerging from alley, driveway or building shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the roadway.

10.32.100 Clinging to vehicles.

No person riding upon any snowmobile, motorcycle or ATV shall attach the same or himself to any vehicle upon the street or roadway.

10.32.110 Obstructive parking.

No person shall park a snowmobile, motorcycle or ATV upon a street other than upon the roadway against the curb or upon the sidewalk in such a manner as to afford the least obstruction to pedestrian traffic.

10.32.120 Riding on sidewalks.

No person shall ride a snowmobile, motorcycle or ATV upon any sidewalk within the main business district.

10.32.130 Violation – Penalty.

Violations of any section of this chapter are misdemeanors and shall be punishable by fine or imprisonment or both as follows:

A. For careless or reckless operation of a snowmobile, motorcycle or ATV, or for the operation of a snowmobile, motorcycle or ATV while under the influence of intoxicants or narcotics, a fine of not more than one hundred dollars, or imprisonment for not more than thirty days, or both.

B. For violation of any other provision of this chapter, or of any rule or regulation established under this chapter, a fine not to exceed one hundred fifty dollars.

10.36.010

Chapter 10.36

BICYCLES

Sections:

10.36.010 Effect of regulations.

10.36.100 Traffic laws applicable to bicyclists.

10.36.110 Obedience to traffic – control devices.

10.36.130 Riding restrictions.

10.36.140 Reasonable speed required.

10.36.160 Emerging from alleys or driveways.

10.36.170 Clinging to vehicles.

10.36.180 Carrying articles.

10.36.190 Parking and storage.

10.36.200 Riding on sidewalks.

10.36.210 Violation – Penalty.

10.36.010 Effect of regulations.

A. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter.

B. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

C. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter.

10.36.100 Traffic laws applicable to bicyclists.

Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws which by their nature can have no application.

10.36.110 Obedience to traffic – control devices.

A. Any person operating a bicycle shall obey the instructions of official traffic-control signs, signals and other control devices applicable to vehicles, unless otherwise directed by a police officer.

B. Whenever authorized signs are erected indicating that no right or left or U – turn is permitted, it is unlawful for any person operating a bicycle to disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

10.36.130 Riding restrictions.

A. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of such.

C. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

10.36.140 Reasonable speed required.

It is unlawful for any person to operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

10.36.160 Emerging from alleys or driveways.

The operator of a bicycle emerging from an alley, driveway or building, shall upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

10.36.170 Clinging to vehicles.

It is unlawful for any person riding a bicycle to attach the same or himself to any other vehicle upon the roadway.

10.36.180 Carrying articles.

It is unlawful for any person operating a bicycle to carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handle bars.

10.36.190 Parking and storage.

It is unlawful for any person to park a bicycle upon a street or upon the sidewalk in a rack to support the bicycle or against a building or at the curb in such a manner as to afford the least obstruction to pedestrian traffic.

10.36.200 Riding on sidewalks.

A. It is unlawful for any person to ride a bicycle upon a sidewalk within a business district.

B. The chief of police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same.

C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian.

10.36.210 Violation – Penalty.

Any person violating the provisions of this chapter shall, upon conviction thereof, be punished as set forth in Chapter 1.12 of this code.

10.40.010

Chapter 10.40

PEDESTRIANS

Sections:

10.40.010 Protection of.

10.40.020 On sidewalks.

10.40.030 Observe traffic signals.

10.40.040 Jay walking.

10.40.050 Must be on alert.

10.40.060 Congregating prohibited.

10.40.010 Protection of.

The public highways of the town are primarily intended for vehicles but pedestrians have the right to cross them in safety, and all drivers of vehicles shall exercise all proper care not to injure pedestrians.

10.40.020 On sidewalks.

Pedestrians on sidewalks shall keep to the right. Pedestrians when stopped on sidewalk must stand near the building or curb lines.

10.40.030 Observe traffic signals.

Pedestrians must obey traffic signals.

10.40.040 Jay walking.

Pedestrians crossing any public high way at a street intersection within the congested district, shall cross the same on the crosswalk, being that portion of the street included within the lines of the sidewalk projected and shall not cross diagonally at such intersections.

10.40.050 Must be on alert.

In crossing a street, pedestrians shall look out for vehicles and particularly on the left until reaching the centerline of the street, and then to the right.

10.40.060 Congregating prohibited.

It is unlawful for any person to stop or loiter on a public highway crossing, or at any point on a public highway, so as to interfere with or obstruct traffic; or for any person to congregate or to willfully cause persons to congregate in any public highway in such a manner as to interfere with or obstruct traffic; or when so congregated to refuse to disperse upon being requested to do by any police officer.

Title 13

PUBLIC SERVICES

Chapters:

13:04 Regulation of Sewer Use

13:12 Procedure for Determining Equitable Charges

13.36 Garbage Regulations

REGULATION OF SEWER USE

ORDINANCE # 13:04

An ordinance regulating the use of public and private sewers and drains, private wastewater disposal, the installation and connection of building sewers, and the discharge of waters and wastes into the public sewer system(s): and providing penalties for violations thereof: in the Town of Hobson, County of Judith Basin, State of Montana.

BE IT ORDAINED and enacted by Council of the Town of Hobson, State of Montana, as follows:

ARTICLE I

Definitions

Unless the context specifically indicates otherwise, the meaning of terms used in the ordinance shall be as follows:

Sec. 1

Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees centigrade, expressed in milligrams per liter.

Sec. 2

“Building drain” shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

Sec. 3

“Building Sewer” shall mean the extension from the building drain to the public sewer or other place of disposal, also called house connection.

Sec. 4

“Combined Sewer” shall mean a sewer intended to receive both wastewater and storm or surface water.

Sec. 5

“Easement” shall mean on acquired legal right for the specific use of land owned by others.

Sec. 6

“Floated oil” is oil, fat or grease in a physical state such that it will separate by gravity form wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and wastewater does not interfere with the collection system.

Sec. 7

“Garbage” shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

Sec. 8

“Industrial Wastes” shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.

Sec. 9

“Natural Outlet” shall mean an outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

Sec. 10 “May” is permissive (See “Shall,” Sec. 18)

Sec. 11

“Person” shall mean any individual, firm, company, association, society, corporation, or group.

Sec. 12

“pH” shall mean the logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen- ion concentration of 10 – 7.

Sec. 13

“Properly shredded garbage” shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch (1.27 centimeters) in any dimension.

Sec. 14

“Public sewer” shall mean a common sewer controlled by a governmental agency or public utility.

Sec. 15

“Sanitary sewer” shall mean sewer that carries liquid and water – carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.

Sec. 16

“Sewage” is the spent water of a community. The preferred term is “wastewater”, Sec. 24.

Sec. 17

“Sewer” shall mean a pipe or conduit that carries wastewater or drainage water.

Sec. 18

“Shall” is mandatory (see “may,” Sec. 10).

Sec. 19

“Slug” shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 (15) minutes more that five (5) times the average twenty four (24) hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.

Sec. 20

“Storm drain” (sometimes termed “storm sewer”) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

Sec. 21

“Superintendent” shall mean the (superintendent of wastewater facilities, and/or of water pollution control) of the Town of Hobson, or his authorized deputy, agent or representative.

Sec. 22

“Suspended solids” shall mean total suspended matter that either floats on the surface of, or is in suspension in water, wastewater, or other liquids, and that is removable by laboratory filtering as prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as non-filterable residue.

Sec. 23

“Unpolluted water” is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

Sec. 24

“Wastewater” shall mean the spent water of a community, from the standpoint of source, it may be a combination of the liquid and water – carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and storm water that my be present.

Sec. 25

“Wastewater facilities” shall mean the structures, equipment, and processes required to collect, carry away and treat domestic and industrial wastes and dispose of the effluent.

Sec. 26

“Wastewater treatment works” shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Sometimes used as synonymous with “waste treatment plant” or “wastewater treatment plant” or water pollution control plant”

Sec. 27

“Watercourse” shall mean a natural or artificial channel for the passage of water either continuously or intermittently.

ARTICLE II

USE OF PUBLIC SEWERS REQUIRED

Sec. 1

It shall be unlawful for any person to place, deposit, or permit to be deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town, any human or animal excrement, garbage, or other objectionable waste.

Sec. 2

It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

Sec. 3

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater.

Sec. 4

The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose situated within the city or abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, within 60 days after date to official notice to do so, provided that said public sewer is within 100 feet of the property line.

ARTICLE III

PRIVATE WASTEWATER DISPOSAL

NOT APPLICABLE

ARTICLE IV

SANITARY SEWER, BUILDING SEWERS AND CONNECTIONS

Sec. 1

No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Mayor.

Sec. 2

There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a form furnished by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Mayor. A permit and inspection fee of 250.00 for a residential or commercial building sewer permit and 500.00 for an industrial building sewer permit shall be paid to the Town at the time the application is filled.

Sec. 3

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that my directly or indirectly be occasioned by the installation of the building sewer.

Sec. 4

A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered an on building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.

Sec. 5

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this ordinance.

Sec. 6

The size, alignment, materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building an plumbing or other applicable rules and regulations of the Town. In the absences of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A. S. T. M. and W. P. C. F. Manual of Practice No. 9 shall apply.

Sec. 7

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

Sec. 8

No person(s) shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Mayor for purposes of disposal of polluted surface drainage.

Sec. 9

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulation of the Town, or the procedures set forth in appropriate specifications of the A. S. T. M. and the S. P. C. F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Mayor before installation.

Sec. 10

The applicant for the building sewer plant shall notify the Mayor when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Mayor or his representative.

Sec. 11

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.

ARTICLE V

USE OF THE PUBLIC SEWERS

Sec. 1 No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the Mayor.

Sec. 2 Storm water other than that exempted under Section 1, Article V and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Mayor and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged, on approval of the Mayor to a storm sewer, combined sewer, or natural outlet.

Sec. 3 No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers.

(a). Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b). Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to contaminate the sludge of any municipal system, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works.

(c). Any waters or wastes having a pH lower than (5.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works.

(d). Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, un – ground garbage, whole blood, paunch manure, hair, and fleshings, entrails and paper dishes, cups, milk containers, disposable diapers, etc., either whole or ground by garbage grinders.

Sec. 4

The following described substances, materials, waters, or waste shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Mayor will give consideration to such factors as the quantity of subject waste in relations to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treat ability of the waste in the wastewater treatment plant, and other factors. The limitation or restrictions on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Mayor are as follows:

(a). Wastewater having a temperature higher than 150 degrees Fahrenheit (65 degrees

Celsius).

(b). Wastewater containing more than 25 milligrams per liter of petroleum oil, non

biodegradable cutting oils, or product of mineral oil origin.

(c). Wastewater from industrial plants containing floatable oils, fat, or grease.

(d). Any garbage that has not bee properly shredded (see Article I, Section 13). Garbage

grinders may be connected to sanitary sewers from homes, hotels, institutions,

restaurants, hospitals, catering establishments, or similar places where garbage originates

from the preparation of food in kitchens for the purpose of consumption on the premises

or when served by caterers.

(e). Any waters or wastes containing iron, chromium, copper, zinc and similar

objectionable or toxic substances to such degree that any such material received in the

composite wastewater at the wastewater treatment works exceeds the limits established

by the Superintendent for such materials.

(f). Any waters or wastes containing odor-producing substances exceeding limits which

may be established by the Mayor.

(g). Any radioactive wastes or isotopes of such half – life or concentration as may exceed

limits established by the Superintendent in compliance with applicable state or federal

regulations.

(h) Quantities of flow, concentrations, or both which constitute a “slug” as defined

herein.

(i). Waters or wastes containing substances which are not amenable to treatment or

reduction by the wastewater treatment processes employed, or are amenable to treatment

only to such degree that the wastewater treatment plant effluent cannot meet the

requirements of other agencies having jurisdiction over discharge to the receiving waters.

(j). Any water or wastes which, by interaction with other water or wastes in the public

sewer system, release obnoxious gases, form suspended solids which interfere with the

collection system, or create a condition deleterious to structures and treatment processes.

Sec. 5

If any waters or wastes and discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Mayor, may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

(a). Reject the wastes;

(b). Require pretreatment to an acceptable condition for discharge to the public sewers;

(c). Require control over the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 10 of this Article.

When considering the above alternative, the Mayor shall give consideration to the economic impact of each alternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste floes, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent.

Sec. 6

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Mayor, they are necessary for the proper handling of liquids wastes containing floatable grease in excessive amounts as specified in Section 4(c), or any flammable wastes, sand, or other harmful ingredients; except that such interceptors will not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Mayor, and shall be of a type and capacity approved by the accessible for cleaning and inspection.

In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captivated material and shall maintain records of the dates, and means of disposal which are subject to review by the Mayor. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.

Sec. 7

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

Sec. 8

When required by the Mayor, the owner(s) of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structures, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Mayor. The structure shall be installed by the owner at his expense, and shall be maintained by him so to be safe and accessible at all times.

Sec. 9 The Mayor may require a user of sewer services to provide information needed to determine compliance with this ordinance. These requirements may include:

1). Wastewaters discharged peak rate and volume over a specified time period.

2). Chemical analyses of wastewaters.

3). Information on raw materials, processes, and products affecting wastewater ` volume and quality.

4). Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control.

5). A plot plan of sewers of the user’s property showing sewer and pretreatment facility location.

6). Details of wastewater pretreatment facilities.

7). Details of systems to prevent and control the losses of materials through spills to the municipal sewer.

Sec. 10

All measurement, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Mayor.

Sec. 11

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and any industrial concern whereby on industrial waste of unusual strength or character may be accepted by the city for treatment.

ARTICLE VI

Sec. 1

No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances or equipment which is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

ARTICLE VII

POWERS AND AUTHORITY OF INSPECTORS

Sec. 1

The Mayor and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance.

Sec. 2

The Mayor or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.

Sec. 3

While performing the necessary work on private properties referred to in Article VII, Section I, above, the Mayor or duly authorized employees of the Town shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Town employees, and the Town Shall indemnify the company against loss of damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Article V, Section 8.

Sec. 4 The Mayor and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

ARTICLE VIII

PENALITIES

Sec. 1

Any person found to be violation any provisions of this ordinance except Article VI shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice permanently cease all violations.

Sec. 2

Any person who shall continue any violating beyond the time limit provided for in Article VI, Section I, shall be quality of a misdemeanor, and on conviction thereof, shall be fined in the amount not exceeding 500.00 dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

Sec. 3

Any person violating any of the provisions of this ordinance shall become liable to the Town for any expenses, loss, or damage occasioned the Town by reason of such violation.

ARTICLE IX

VALIDITY

Sec. 1

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Sec. 2

The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

ARTICLE X

ORDINANCE IN FORCE

Sec. 1

This ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

Sec. 2

assed and adopted by the Council of the Town of Hobson, State of Montana on the ____________ day of _____________, 1993 by the following vote:

Ayes____________________________: namely________________________________

APPROVED this _______________ day of _________________, 2008.

______________________________

Mayor, Town of Hobson

ATTEST:

_______________________________

Clerk, Town of Hobson

PROCEDURE FOR DETERMING

EQUITABLE CHARGES

ORDINANCE #13:12

An ordinance establishing the procedure for determining equitable service charges to be levied on all users which discharge wastewater to the wastewater system operated by the Town of Hobson, Montana, and providing certain prohibitions.

BE IT ORDAINED by the Town Council of the Town of Hobson, Montana:

Section 1. Purpose

The purpose of this ordinance shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distribution to all users of the wastewater system in proportion to each user’s contribution to the total loading of the treatment works. Factors such as strength (BOD and TSS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user’s contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).

Section 2. Determining the total annual cost of operation and maintenance

The Town, or its Engineer, shall determine the total annual costs of operation and

maintenance of the wastewater system which are necessary to maintain the capacity and performance, during the service life of the treatment works, for which such works were designed and constructed. The total annual cost of operation and maintenance shall include but need not be limited to, labor, repairs, equipment, replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund.

Section 3. Determining each user’s wastewater contribution percentage

The Town of Hobson, or its Engineer, shall determine each user’s average daily volume

of wastewater which has been discharged to the wastewater system, which shall then be

divided by the average daily volume of all wastewater discharged to the wastewater

system, to determine each user’s Volume Contribution Percentage. The amount used as

the total average daily volume of wastewater shall exclude infiltration and inflow. The

Town, or its Engineer, shall determine each user’s average daily poundage of a 5 – day, 20

degrees Centigrade Biochemical Oxygen Demand (BOD) which has been discharged to

the wastewater system which shall then be divided by the average daily poundage of all

5-day BOD discharged to the wastewater system to determine each user’s BOD

Contribution Percentage.

The Town, or its Engineer, shall determine each user’s average Suspended Solids (SS) poundage which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all Suspended Solids discharged to the wastewater system, to determine the user’s Suspended Solids Contribution Percentage. Each user’s Volume Contribution Percentage shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, of the total 5-day 20 degree Centigrade BOD and of the total Suspended Solids, respectively.

Section 4. Determining a surcharge system for users with BOD and SS

The Town, or its Engineer, will determine the average Suspended Solids (SS) and biochemical oxygen demand (BOD) daily loadings for the average residential user. The Town, or its Engineer, will assess a surcharge rate for all non – residential users discharging wastes with BOD and SS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users’ above normal strength wastes. Normal strength wastes are considered to be 220 p.p.m BOD and 250 p.p.m. SS.

Section 5. Determining each user’s wastewater service charge

Each non – residential user’s wastewater treatment cost contributions as determine in Sections 3 and 4 shall be added together to determine such users’ annual wastewater service charge. Residential users may be considered to be one class of user and an equitable service charge may be determined for each user based upon an estimate of the total wastewater contribution of this class of user. The governing body may classify industrial, commercial, and other non – residential establishments as a residential user, provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids, and BOD. Each user’s wastewater treatment cost contribution will be assessed in accordance with the attached rate schedule.

Section 6. Wastewater facilities replacement fund

A reserve fund called the Wastewater Facilities Replacement Fund is hereby established within the wastewater utility fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories and appurtenances during the useful life (20 years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which facilities are designed and constructed. (See Appendix B).

Section 7. Payment of the user’s wastewater service charge

The Town shall submit notification to the user of the user’s annual wastewater service charge, prior to the date of notification of tax assessments by the County Assessor. This notification shall also be published in the newspaper of local circulation. Payments of wastewater service charges by Town of Hobson system users will be made semi – annually on or about November 30 and May 31 of each year to the County Treasurer, who will remit proceeds to the Town of Hobson wastewater utility fund. Should any user fail to pay the user wastewater service charge within three months of the due date, the Town may stop the wastewater service to the property.

Section 8. Review of each user’s wastewater service charge

The Town shall review the total annual cost of operation and maintenance as well as each user’s Wastewater Contribution Percentage not less often than annually and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If a significant user, such as an industry, has completed in – plan modifications which would change that user’s Wastewater Contribution Percentage, the user can present at a regularly scheduled meeting of the governing body, such factual information and the Town shall then determine if the user’s Wastewater Contribution Percentage is to be changed. The Town shall notify the user of its findings as soon as possible.

Section 9. Notification

Each user will be notified, at least annually, of the rate and that portion of the user charges which are attributable to wastewater treatment services. Notification will be made pursuant to the procedure set forth in Section 7.

Section 10 Wastes prohibited from being discharged to the wastewater treatment system

The discharge of any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly, or by interaction with other wastes, to contaminate the sludge of any municipal systems, or to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works is hereby prohibited. (Article No. V of the Town’s “Regulation of Sewer Use” Ordinance contains additional requirements covering the use of the Town’s public sewers).

Section 11. Prohibition of clear water connections

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

Section 12. Proper design and construction of new sewers and connections

The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trenches, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town, and the State of Montana. In the absence of code provisions or in amplification therefore, the materials and procedures set forth in appropriate specifications of the A. S. T. M. and W. P. C. F. Manual of Practice No. 9 shall apply. (Article No. IV of the Town’s “Regulations of Sewer Use” Ordinance contains additional requirements covering the proper design and construction for the Town’s sanitary sewers, building sewers, and connections).

Section 13. Validity

All ordinances or parts of ordinances in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts.

Section 14. Ordinance in force

This ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law.

STATE OF MONTANA

COUNTY OF JUDITH BASIN

TOWN OF HOBSON

I, __________________________________________, the duly appointed, qualified Town Clerk of the Town of Hobson, Montana, hereby certify that the within and foregoing ordinance is a true and correct copy of the original ordinance enacted by the Town of Hobson, Montana, with the First Reading of the Ordinance No. _________and the Second Reading and final passage on the ________ day of October, 1992

In TESTIMONY WHEREOF, I have hereto set my hand and affixed the seal of the Town of Hobson, this _______ day of _________________, 1993.

(TOWN SEAL) ______________________________

TOWN CLERK

APPENDIX A

RATE SCHEDULE

Residential users are considered to be one class of user and are assessed a charge of $11.08 per month. Non – residential users with flows no greater than the average residential user’s flow of 9,756 gallons per month and with BODF and TSS no greater than the average residential user’s strength of 220 ppm BOD and 250 ppm TSS will pay the same charge of $11.08 per month as the average residential user.

APPENDIX B

WASTEWATER FACILITIES REPLACEMENT FUND SCHEDULE

The reserve fund called the Wastewater Facilities Replacement Fund established within the wastewater utility fund as an interest bearing account shall be funded by a deposit of $1,500.00 per year obtained from the wastewater utility fund at the end of each fiscal year.

DETERMINATION OF USER CHARGE SYSTEM

TOWN OF HOBSON

WASTEWATER TREATMENT FACILITY

OCTOBER, 1992

1. ESTIMATED ANNUAL OPERATION AND MAINTENANCE COSTS

Bookkeeping $ 500

Labor (40 hrs/month @$10/hr) 4,800

Training 500

Equipment and Materials 200

Tests and License 720

Power 1,750

Annual Report 200

Reserve Fund 1,500

Miscellaneous 280

Insurance 750

Annual Projected O&M Budged $ 11,200

ANNUAL DEBT SERVICE

Based on a $45,00 note @9%

Interest for 10 years (as referenced in

Town of Hobson CDBG application)

$ 7,010

TOTAL ANNUAL SEWER SYSTEM BUDGET $ 18,210

2. AVERAGE DOMESTIC FLOW PER RESIDENCE

Estimated at 100 gallons per capita day:

3.25 PE/Residence x 100GPCD = 3.25 GPD/Residence

= 1.0 Residential Equivalent

3. AVERAGE FLOW FOR NON – RESIDENTIAL USERS:

User Estimated Use of GPD Residential Equivalent

Grocery Store 325 1.0

Café 325 1.0

Bar 325 1.0

Office 325 1.0

School 2600 8.0

4. TOTAL NUMBER OF USER EQUIVALENTS (RE):

Type Number and Rate Residential Equivalent

Residential Users 124 x 1.0 RE = 124

Grocery Store 1 x 1.0 RE = 1

Bar 2 x 1.0 RE = 2

Café 1 x 1.0 RE = 1

Office 1 x 1.0 RE = 1

School 1 x 8.0 RE = 8

TOTAL RESIDENTIAL EQUIVALENTS = 137

5. USER CHARGE PER RESIDENTIAL EQUIVALENT:

Total Annual O&M + Debt Service = $18,210

Total Residential Equivalents = 137

= 132.92 Annually

Annual Residential Charge = 132.92

12 months/year = 12 = 11.08 Monthly

6. PROPOSED RATE SCHEDULE AND ANNUAL REVENUE

Res. Monthly Annual Montly Ttl. Annual

User Type Number Equiv. Rate/RE Charge Charge Revenue

Residential 124 1.0 11.08 132.92 11.08 16,482.08

Café 1 1.0 11.08 132.92 11.08 132.92

Bar 2 1.0 11.08 132.92 11.08 265.88

Store 1 1.0 11.08 132.92 11.08 132.92

Office 1 1.0 11.08 132.92 11.08 132.92

School 8 1.0 11.08 1063.36 11.08 1,063.36

TOTAL ANTICIPATION ANNUAL REVENUE = $18,210.08