Document Billings_doc_6733f00942

Ordinances of City of Billings, Montana. ORDINANCE NO. 09-5485 AN ORDINANCE OF THE CMY OF BILLINGS, PROVIDING THAT THE BILLINGS, MONTANA, CITY CODE BE AMENDED BY REVISING sEcnoNS 2-502, 2-503, 2-594!2-505, z-s07, 4-20L, 4-202, 4-204, 5-20L, 5-29?. 5:294, 9_20L, 9_204, 1 5-708, tS_t og,',f'-j n, 2-72L, 2-722, 2-724, 2-725, 2-726, 2_524, 2_525, 2-52i, L6_2OL THROUGH L6-204, z4-LtoL, z4-Lloz, 24-LLo4, i-stt, i-stz, z- 513, 2-515, 4?6, 2-537, 2-539, 24_201, 24_20i, Z+_ZO+, nNó ey ADDING sEcnoNS To BE NUMBERED 2-501, z-sot.t, z-so,t.i, z- 503.1, 2-503.2, 2-506, 2-509, 2_509, 2-5i0, AND nepenliruc sEciloNs _2-506, 4-203, 9-203, L5-7LO¡, 2-723, 2-526, }4-LLO', 2- 5L4, 2-538, AND 24-203; ESTABLISHING euALIFIcATIolvs Éon APPOINTMENT; CI.ARIFYING TYPES OF BOÀRDS, APPOINTMENI FORFEITURE, STAFF LIAISON, SETTING SPECIFIC RULES OF PROCEDURE, LIMMNG POWERS OF MEMBERS, AND MOVING VARIOUS BOARDS AND COMMISSIONS' ORDINANCES TO ARTCLE 2-500. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA: Section 1. Tl¡at the Billings, Montana, City Code be amended by adding new sections, amending other sections, repealing some sections, and generallf revising content and . numbering of most oid¡nances related to - boards, commissions and committees, as follows: ARTICLE 2-500. BoARDs, coMMIssIoNs AND coMMITTEEs DIVISION 1. GENERALLY sec. 2;5ol Perma-ngnt agvisory boards ad hoc council advisorv committees or statutol boards PÉ. ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page Sec. 2-501.1 Oualifications for Membership All members of advisory boards. commissions or committees must hold the following qualifications. unless otherwise required by law: resident of the City of Billings for at least 2 years; qualified voter of the City of Billinqs; resident of the state of Montana for at least 3 years; and 18 years of aqe or older. Sec. 2-501.2. Appointment Members of advisory boards, commissions, and committees shall be appointed þy the Mayor with the consent of the CiW Council, unless otherwise provided by federal or state law. or interlocal agreement. Notice of a vacancy shall be published thirty (30) days prior to appointment. Members of boards, commissions, or committees shall hold no elected city office unless required by federal or state law. or interlocal agreement. Sec. 2-502 Compensation, expenses. The members of advisory boards, committees. and commissions of the city shall serve without compensation, but shall be reimbursed their necessary expenses with prior authorization of the Mayor and City Council. Sec. 2-503. Loss of membership. If a member of any board, committee or commission of this city fails to attend three consecutive scheduled meetings of such board. committee or commission without being excused from such attendance, such person shall no longer be considered a member of such board, committee or commission, and the position may be declared vacant by the mayor, unless otherwise provided by statute or interlocal agreement. Sec. 2-503.1. FoÉeiture of office. The position of advisory board, commission. or committee member is forfeited and becomes vacant for lack of gualification upon the occurrence of any of the following events prior to the expiration of the term: The death of the member; The member's resignation; The member's conviction of a felony; ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page The member's ceasing to be a resident of the city; or The decision of a competent legal tribunal declaring void the member's appointment. Sec. 2-503,2. Removal of anv or all members. Members of advisory boards. commissions and committees serve at the discretion of the Mayor and City Council. Upon two-thirds vote of the Mayor and CiW Council. any or all members of an advisory board. commission or committee may be removed. Sec. 2-504, Filling unexp¡red term. Vacancies occurring for any reason during the member's term shall be filled Within sixty (60) days in the same manner as the original appointment. The appointment shall be for the remainder of the unexpired term. Upo+{ossof ieç Sec. 2-505. Terms of office. Except as otherwise provided by Charter, this Code; statute or interlocal agreement: The terms of members of a permanent advisory board or commission will run on a calendar year basis. During the transition to the calendar year terms, any member whose term expires prior to December 31 will holdover in office at least until December 31 or until his position is filled by appointment, whichever is later. All board and commission appointees after the initial appointments shall be appointed for four years. Each member shall be limited to two consecutive four year terms. Sec. 2-506. Staff liaison. Each permanent advisory board shall have a designated staff liaison appointed by the City Administrator. The staff liaison shall be responsible for preparing the meeting agenda, advertising the meeting. taking minutes, and handling any communications between the board, the Mayor or City Council. or the CiW Administrator. ffiie* . Sec. 2-507. Meetings, rules and procedure. 3 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page All boards, # commiss¡ons, and committees shall comply with this Article and the following rules of procedure. A board, commission or committee shall not establish its own bylaws or any other rules without the prior written approval of the CiW Council, unless otherwise required by law. All bylaws or rules of procedure existing on the effective date of this ordinance are void and shall be replaced with the rules of procedure set by ordinance. meetrreguladtsas ure At the first meeting of every calendar year, a chairperson and vice-chairperson shall be elected by a majority of members present at the meetinq. The chairperson shall be the presiding officer and shall be responsible for recognizing those who would like to speak and generally enforcing a productive decorum. In the absence of the chairperson. the vice-chairperson shall be the presiding officer. B. Location; callinq to order; quorum. The advisory boards, commissions or committees shall hold reqular meetinqs for the transaction of city business as required. A majority of the meetings held by each board, commission or committee in any calendar year shall be located in a public facility owned by a governmental entiV. Any regular meeting may be canceled or rescheduled by majoriV vote of the advisory board, commission or committee at any time prior to the last business day before the scheduled meeting. The presiding officer or any three members may request that a special meeting be called. The request shall be submitted to the staff liaison who shall prepare the agenda and notice in writing, which notice shall be delivered or mailed to all members. All meetings shall be held in accordance with the public notice and public meeting laws. At any regular or special advisory board. commission or committee meeting, the presiding officer shall call the roll. and the names of all members present shall be recorded in the Minutes, The presiding officer shall announce whether or not a quorum is present. Unless otherwise set by law, a simple majority of the members of the advisory board, commission or committee duly appointed and qualified is necessary to constitute a quorum. A meeting must have a quorum present in order to conduct business. Members must be physically present for meetings, and no proxy votes shall be allowed. Members shall vote on all agenda items unless prohibited by law. C. Meetinos open to the public. 4 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page All meetings of the boards, commissions, committees, subcommittees or other entities created by the ciV council shall be open to the public if required bystate law. "Meeting" means the convening of a quorum of the membership of the boards. commissions or committees created by the city council, whether corporal or by means of electronic equipment. to hear. discuss. or act upon a matter over which the city council has supervision, control, jurisdiction, or advisory power. A public comment period shall be provided at each meeting. The presiding officer may set time limits for the comments. D. Proposed aqenda. The presiding officer through the staff liaison shall prepare a draft regular meeting agenda and shall provide the same to the members in accordance with an agreed process desiqned to provide them with sufticient time and opportunity to review the draft agenda and request changes therein prior to its finalization. The staff liaison shall prepare the final agenda of business to be considered at the reqular meeting and shall transmit copies of the same to the members on or before close of business on the Monday preceding the regular meeting at which the matters are to be considered. Agenda items may only be removed from the agenda by the consent of a three-fourths majority of the members present. Only matters that appear on the agenda shall be considered by the members at its regular meeting. Matters that are ministerial or deemed not of significant interest to the public may be added by consent of a three-fourths (3/4) majority of all members present. E. Order of business for reqular meetinqs. At all regular meetings of the advisory boards. commissions and committees, the order of business shall be as follows: Call to Order; Roll call; Correcting, if necessary, and approving minutes of the last meeting or meetinqs; Staff liaison repofts; Public comment on the published agenda or non-agenda items. Speakers are requested to indicate their desire to speak and which item or items on which they wish to offer comment by filling in their name, address and agenda item number or subject on a prepared "sign in" sheet. The length of time a speaker may speak is limited and is set by the presiding officer. Agenda. The agenda constitutes an individually numbered listing of business items either: a. Requiring a public hearing prior to action, b. Giving a special informational presentation. or ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page c. Any item that requires separate time by the board. commission or committee to fully discuss the matter prior to rendering a decision. (7L Adjourn. The order of business may be altered for any meeting by a majority vote of the members present. The order of business for any special meeting shall be specified in the notice calling for the special meeting. F. Minutes. Appropriate minutes of all meetings of advisory boards, commissions and committees shall be kept by the staff liaison and shall be available for inspection by the public. Such minutes shall include without limitation: Date, time. and place of meetinq; A list of the individual members of the board, commission or committee in attendance; The substance of all matters proposed, discussed, or decided; and At the request of any member. a record by individual members of any votes taken. G. Distribution of minutes. It shall be the duty of the staff liaison to see that copies of the minutes are transmitted to the members as soon after the original minutes are written as possible. The minutes must be finally approved at the next meeting and shall be posted on-line at the City's website within ten (10) business days after final approval. The minutes are permanent records of the City and must be retained indefinitely. H, Rules of procedure for meetinqs. The meetings of the advisory boards, commissions or committees shall in all cases be governed by the following rules. unless otherwise set by interlocal agreement, statute, or ordinance. or unless they are suspended pro tem by a majority vote: Decorum. a. The presiding officer shall preserve order and decorum and shall decide all questions of order, subject to appeal to the board. commission or committee. b. Every member. previous to speaking. shall address the presiding officer. but shall not proceed until recognized and named by the presiding officer. The plovisions of Robert's Rules of Order Newly Revised concerning assigning the floor are superseded by this rule of procedure. c. When two or more members address the presiding officer, the first to have precedence shall be decided by the presiding officer. The provisions of Robeft's Rules of Order Newly Revised concerning assigning the floor are superseded by this rule of procedure. Ê ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page d. While a question is being placed on the floor, no member shall speak or walk across the meeting room or leave the same. e. When any member is addressing the group, no other member shall engage in private conversation or do any other act to diveft attention or interrupt the speaker. f. At meetings all questions relating to the priority of business shall be decided without debate. g. To preserve meeting decorum and minimize distractions. television cameras are to be confined to desiqnated areas. Interviews in the chamber are permissible after meetings. No interview or live narration will be allowed in the chamber prior to or during the proceedings of a meeting. Meeting protocol. a. A member shall not speak more than twice on the same subject without leave of a majority of the group, nor more than once until every member desiring to speak on the pending question has had an oppoftunity to do so. b. No motion shall be debated or put to a vote unless the same shall be seconded. The motion and second shall then be stated by the presiding officer. c. All motions shall be stated in clear, concise and definite terms. beginning with the language: "I move that . . . "I so move" or any other abbreviated language does not constitute correct form for a motion and is out of order. d. After a motion has been stated by the presidinq officer it shall be deemed in possession of the group, but may be withdrawn at any time before amendment or decision. bv the mover with consent of the second. e. If a question under consideration contains more than one distinct proposition any member may demand a division. f. When a question is under debate. no motion shall be enteftained, except: First, to adjourn; second, to lay on the table; third, for the previous question; foudh. to postpone to a day certain; fifth. to refer to a committee; sixth. to amend; and seventh, to postpone indefinitely. These motions shall have precedence in the order stated. g. Amendment of a question may take the form of a motion to substitute. Adoption of a motion to substitute shall be deemed approval of the substitute motion itself and fufther debate and amendment of the adopted substitute motion are not in order. The provisions of Robeft's Rules of Order Newly Revised concerning substitute motions are superseded by this rule of procedure. h. A motion to adjourn shall always be in order, except when a member is addressing the chair, or a vote is being taken. Motions to adjourn and lay on the table shall not be debatable. i. No motion on a subject different from that under consideration shall be permitted. j. After a vote is announced, no member shall change his vote without following the procedure for reconsideration. k. No motion for reconsideration shall be in order unless made at the same meeting or the meeting following that on which the decision was made. nor shall rã ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page such motion be made except by a member who voted with the majority. If the motion for reconsideration is approved by a majority vote of the board. commission or committee. then the decision on which the vote is to be reconsidered is placed back on the agenda at a location specified by the presiding officer for fufther consideration and another vote. l. In case a voice vote is indeterminate, a roll call vote shall be taken. m. In case of a tie vote on any proposal, the proposal shall be considered lost/failed. n. The staff liaison shall rule on all questions of parliamentary procedure and the staff liaison's decision shall be final. o. Every member present shall vote upon every question submitted. unless excused or unless the member has a financial or personal interest as defined in section 2-702. If a member has a financial or personal interest. the member shall, immediately after the motion has been made and seconded, or as soon thereafter as the member may be recognized by the presiding officer. publicly disclose the nature and extent of such interest and disqualify himself or herself from participation in the deliberation and voting on the question. Documentation of proceedings. a. In all cases the name of the member proposing a motion and seconding the motion shall be entered in the minutes. b. Any member may demand the roll call of ayes and noes upon any question pending. Except as provided in this subsection, a vote on all matters shall be bv voice vote. c. All reports or proposals shall be reduced to writing before being submitted to a vote. d. Application of Robert's Rules of Order. In all parliamentary practice not herein prescribed, Robeft's "Rules of Order Newly Revised" shall govern so far as applicable. Public hearings. Public hearings may be required by law or by council policy. Public hearings are held for the purpose of noticing legislative facts and receiving expressions of public opinion on a question, including views of interested pafties. When public hearings are required by law, they shall be held as set out herein. At the commencement of any public hearing. the presiding officer mav set time limits for the presentation of views of proponents and opponents of the measure. These time limits shall be adhered to strictly. At the conclusion of his testimony at a public hearing, any individual may be questioned by any member. The time involved in such question and reply shall not count against the time allowed for the presentation of views. Sec, 2-508. Limitations of powers A member of an advisory board. commission or committee. except as othenruise provided by law, shall not: B ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page Incur city expense or obligate the city in any way without prior authorization of the mayor and ciV council. Make any written or oral repoft of any board. commission or committee activity to any individual or body unless to the mayor and ciV council, or authorized to do so by majority vote of the entire membership of the board, commission or committee. or allowed by law. Independently investigate citizen complaints against depaftments or individual employees or volunteers by questioninq witnesses or otherwise. Conduct any activity which might constitute or be construed as establishment of city policy. 9ec. 2-509. Supervision by Mavor and City Council The advisory boards. commissions or committees are established to advise and provide recommendations to the Mayor and City Council on pafticular issues. As such. the Mayor and CiW Council have the authoriW to direct. supervise, and oversee the activities of any board, commission or committee. Sec.2-510. RepoÉs. The presiding officer of each board, commission or committee shall repoft to the mayor and city council annually either in person or in writing. If the presentation is in person, it will be at a Council Work Session at a date and time arranged through the staff liaison. DIVISION 2. ANIMAL CONTROL BOARD Sec. 4-?0* 2-511. Created. There is hereby created an animal control board. Sec. 4-?02 2-5L2. Composition, appointment, The animal control board shall be composed of five members-who-,shôH . @ie* ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page Sec.4-?e4 2-513. Powers and duties. The animal control board shall serve in an advisory capacity to the city council and shall be for the purpose of providing citizen input to the policy decisions of the city council. The primary responsibilities of the board are to review existing and proposed city policies and to review city depaftment activities to ensure that city policies are being implemented and carried out and fufther, to repod any shortcomings and to make recommendations to the city council in the formulation of programs and policies to improve among others the following areas of concern: Operation of the city animal shelter and pound, including sanitation and financial efficiency; The humane disposition of all of the animals held in the animal shelter or pound; The formulation of policies, regulations, implementation and control of animals within the city; Solving the serious problem created by the uncontrolled reproduction of pet animals; Cooperation with other municipal, county and state governments. DIVISION 3. AVIATION/TRANSIT BOARD Sec. 5-2e* 2-518. Created. There is hereby created an aviation/transit board. Sec. 5-2e2 2-519. Composition appointment. The aviation/transit board shall be composed of seven membersTeaeh After June 20, 1983 at the time the first vacancy on the board occurs, that position will be filled by appointment of a person from an airpoft impact area. An airport impact area is defined as an area close to the airport that may in some way be impacted by activity at the airport. As the next vacancy occurs, it will be filled by a person with business management background not related to airpoft activities. Thereafter, one appointee to the aviation/ transit board shall be from an impact area and one shall be a person with a business management background not related to airpoft activity; provided, that the requirements as imposed herein shall be followed as closely as reasonably possible. ffiien= The aviation transit board shall eleet from their number a new ehairperson and a @ Sec. 5-2e4 2-520. Duties and responsibilities. 10 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page The aviation transit board shall be a c¡t¡zens advisory board to the city council to aid the city council in formulating city policy in matters peftaining to the MET Transit System, the airpoft and the concomitant propefties. The primary responsibility of the board is to review existing and proposed city policies and to review city depaftment activities to ensure that city policies are being implemented and carried out and fufther, to repoft any shortcomings and make recommendations to the city council. DIVISION 4. ffi COMMUNITY DEVELOPMENT BOARD Sec. 9-?Sl 2-525. Created. There is hereby created a community development board. Sec" 9-2e2 2-526. Gomposition, appointment. The community development board shall be composed of nine members-who will possess the qualifieation for offiee required for the offiee of mayor and shall . Six members shall be appointed from lower-income neighborhoods of the city as defined by federal regulations for the community development block grant program and three additional members from the community at large. @ien= ie-ene Sec. 9-2e4 2-527. Powers and duties. The community development board shall serve in an advisory capacity to the city council for the purpose of providing citizen input to the policy decisions of the city council. The primary responsibilities of the board are to review existing and proposed city policies and to review city depaftment activities to ensure that city policies are being implemented and carried out and fudher, to repoft any shortcomings and make recommendations to the city council in the area of com m unity development. DIVISION 5. EMERGENCY SERVICES BOARD Sec. l5-7e8 2-533. Emergency medical service advisory board created. There is hereby created an emergency medical service (EMS) advisory commission. Sec. 15-7€9 2-534. Composition, appointment, term, The EMS advisory commission shall be composed of nine members from the City of Billings and Yellowstone County 11 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page as follows: A senior citizen residing within the city and five at-large citizens resid¡ng within the city. The remaining four members of the commission shall consist of the following: The Billings City Fire Chief, who shall be a non-voting member, a Yellowstone County government representative, one representative each from Deaconess Medical Center and St. Vincent Hospital and Health Center, one city council member shall be appointed by the mayor as a liaison to the commission and shall report as necessary to the city council, hewever; the mayor shall lirnit-the terms of the first members of the eommission ffiie* mayor to serve for the remainder of the ealendar year. Thereafteh-aÈ the first rB Sec. l5-7lt 2-535. Powers and duties. Pursuant to Article V, Section 5.01 of the Billings City Charter, the EMS commission shall serve in an advisory capacity to the city council in all aspects of formulating city policy and/or ordinances concerning emergency medical services. The primary, initial responsibility of the commission shall be to review existing city ordinances and policies and make recommendations to the mayor and city council that will improve the city's ability to provide the appropriate level of emergency medical services as required by community need. Additionally, the commission shall continuously review the current local organizations which provide emergency medical services and shall assess their ability to provide necessary and appropriate services to the community. The commission shall present an annual written status report to the city council summarizing the commission's on-going review and assessment. DIVISION 6. ETHICS BOARD Sec. 2¡72* 2-540. Created. There is hereby created a board of ethics. Sec. 2¡722 2-54t. Composition, appointment. 12 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page The board of ethics shall consist of five persons who shall hold no other office or employment under the city. ffi Sec. 2:7?4 2-542. Review of allegations. Any allegations that a city official has violated any part of this afticle may be referred in writing to any member of the board of ethics who shall then request the board to convene for the purpose of reviewing the allegation. If reasonable grounds are found by the board, it may call a hearing to dispose of the allegation. In addition, the board may hold a hearing after its own investigation if it finds that a person has failed to comply with the provisions of this article. Sec. 2J25 2-543. Hearings. All hearings of the board of ethics shall be conducted as follows: A city official shall have the right of representation by counsel. The board of ethics shall receive evidence from the city official alleged to have violated any section or sections of this Code, or from any person the accused city ofticial feels may assist in such city official's defense, from the party accusing such city official and from any other person as the board deems necessary. The board may request any witness to appear before them at a fixed time or to produce any records or documents required by the board. The city attorney shall assign counsel to the board. Sec-2¡7?6 2-544. Decisions. The board of ethics, upon completion of any hearing, shall render a decision in writing to the city attorney and the party involved within fifteen (15) days, either determining no violation occurred, recommending prosecution, or setting forth requirements to be complied with in order that voluntary compliance may be had and final determination obtained. DIVISION 7. HUMAN RELATIONS COMMISSION Sec. *5'}t 2-550. Created. There is hereby created a human relations commission. Sec. 2¡525 2-551. Composition, appointment. The human relations commission shall consist of nine members tebe . The members shall 13 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page be broadly representative of all citizens and shall reflect as far as possible the religious, racial, ethnic and m¡nority groups of the commun¡ty whose training, interest, background or experience will aid the commission in its work. ffiie+ ie-a Sec. ?¡527 2-552. Functions and duties. The functions and duties of the human relations commission shall be as follows: Promote mutual understanding and respect among all racial, religious, nationality and minority groups and work to discourage and prevent discriminatory practices against any such group; Inform itself on all matters concerning human relations and promote programs of community education with the object of improving human relations among all citizens of the community; Review and study complaints, problems and specific situations arising between groups or individuals which result or may result in tensions, discriminations or prejudice in the city on account of race, sex, age, color, creed, national origin or ancestry; Cooperate with and advise various groups and agencies of the community, as well as governmental agencies in programs devoted to the improvement of human relations and the elimination of group prejudices, racial or area tensions, intolerance or discrimination; Aid in seeing that no person in this city is deprived of equal services furnished in the city by reason of discrimination or prejudice on account of race, sex, age, color, creed, national origin, ancestry, or being a member of a minority group; Inform and make recommendations to the mayor and city council from time to time concerning any matters brought before the commission or programs devised by it for the fuftherance and advancement of human relations in the community, and at least once a year submit a written repoft of its work; Refer all matters to the police commission that are within its jurisdiction. DIVISION B. LIBRARY BOARD Sec. 2-557. Created. There is hereby created a library board. Sec. 16-2e2 2-558. Composition; appointment. The library board shall consist of @ six (6lmembers appointed by the mayor with the consent of the city council and other members who may be appointed pursuant to contract. L4 fìil ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page Sec. l€-2e3 2-559. Organization. The library board shall elect from its membership at the first meetinq of every calendar year @ as cha¡rperson and vice-chairperson. and t_Jhe library director shall serve as secretary. The board shall also elect one person to serve on the library federation board of trustees. The chairperson and the federation representative may be, but need not be, the same person. Sec. l€-2e4 2-560. Powers and duties. The library board shall be advisory to the city council and shall only assume those functions additionally as may be prescribed and agreed upon by contract between the city and other governmental agencies. DIVISION 9. PARKING ADVISORY BOARD Sec. 24-{J€* 2-565. Created. There is hereby created a parking advisory board. Sec. 24-{J€2 2-566. Composition, appointment, term. The parking advisory board shall be composed of nine members. who and three mernbers' terms will expire at the end of the foufth year. ien' Sec. 24-{J€4 2-567. Powers and duties. The parking advisory board shall serve in an advisory capacity to the city counciIinaIIaspectsofparkingwithintheffiCity.The purpose of the board is to provide citizen input to the policy decisions of the city council. The primary responsibilities of the board are to provide input on all aspects of public parking wi , including but not limited to, on-street parking, parking meters, parking garages, long-range financial plans for parking, annual budget, operating and capital projects plans, parking fees, parking fines and other existing and proposed parking policies of 15 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Page the city, to report any shoftcom¡ngs, and to make recommendations to the city council with regard to public park¡ngj . DIVISION 10. PARKS, RECREATION AND CEMETERY BOARD Sec. 2-St* 2-572. Created. A parks, recreat¡on and cemetery board is hereby created. Sec. 2-573. Composition, appointment. The parks, recreation and cemetery board shall consist of nine members who . At least one such member shall be representative of School District Number 2. Sec. 2:5#Ì 2-574. School appointee. If the member of the parks, recreation and cemetery board who is also a representative of School District Number 2 ceases to be the nominee of the school district, his or her membership on this board shall fofthwith terminate, and a successor nominee of the school district shall be appointed. ffiie+ ip-ene Sec.2:5{5 2-575. Powers and duties. The parks, recreation and cemetery board shall serve in an advisory capacity to the city council for the purpose of providing citizen input to the policy decisions of the city council. The primary responsibilities of the board are to review existing and proposed city policies and to review city department activities to ensure that city policies are being implemented and carried out. Further, to report any shortcomings and to make recommendations to the city council in the following and other related areas: Establishment, acquisition, maintenance and management of city parks; Establishment, acquisition, maintenance and conduct of playgrounds, swimming pools, baths, gymnasiums, recreation halls, recreation places, recreation centers and athletic activities within the city limits and within four and one-half (4 tlz) miles from the city limits together with recommendations to the city concerning entertainment, plays, concefts and celebrations; Cooperate with all other governmental and private agencies and entities in the development of recreational activities and oppoftunities within the city and surrounding areas; 16 ---PAGE BREAK--- Ordinances of City of Billings, Montana. Establishment, acquisition, maintenance and management of the city cemeter¡es. DIVISION 11. PUBLIC UTLMES BOARD Sec. ?-5ÍÌ6 Created. There is hereby created a publ¡c utilities board. Sec. 1.53# Composition' appointment. The public utilities board shall be composed of five members vrho€hail ffiienr The Buþl¡e utilities board shall eleet from its membershiB ene Þerson te serue as Sec. t.539 Powerc and duties. The public utilities board shall serve in an advisory capacity to the city with respect to all aspects of public utilities. The board may recommend to the city the adoption of such rates, fees and charges as it may deem just and proper, subject to other requirements and provisions imposed by law. DIVISION 12. TRAFFIC CONTROL BOARD Sec. lá-2e* Zff. Created. There is hereby created a traffic control board. Sec. ll.2eiÈ àE€. Composition, appointment. The traffic control board shall be composed of five members who€haIl Fpssess the qual¡fieatiens fer the offiee ef mayor and shall be appointed frern the e¡ . The board maY in addition include as ex-officio board members: The city couft judge; Transportation director from School District No. 2. The chief of police or the chief of police's designee. ffiie* The traff¡e eentrol þoard shall eleet from the member atslarge aPPointees; ene ærsen to sewe as enair Sec.2l-le4 2ÉÐ. Powers and duties. L7 ---PAGE BREAK--- Ordinances of City of Billings, Montana. The traffic control board shall serue in an advisory capacity to the city counc¡l ¡n all aspects of traffic control, except that all issues involving parking in the central business district will be handled by the parking advisory board. The purpose of the board is to provided citizen input to the poliry decisions of the city council. The primary responsibilities of the board are to review existing and proposed city policies and to review city department activities to ensure that city policies are being implemented and carried out and fufther to repoft any shortcomings and to make recommendations to the city council in the area of traffic control. Section 2. EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law. Section 3. REPEALER. All resolutions, ordinances, and sections of the City Code inconsistent herewith are hereby repealed. Section 4. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provisions or application, and, to this end, the provisions of this ordinance are declared to be severable. PASSED by the City Council on first reading this 8ü day of December, 2008. PASSED, ADOPTED and APPROVED on second reading this 12th day of January,2009. CITY OF BILLINGS ,4-7 ev : - Ron Tussing, Mayor ( ATTEST: 0n " By Cari Maftin, C¡fy Oerk 18 I