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HomeMy WebLinkAboutOrdinance No. O06-04ORDINANCE NO. O06-04 ORDINANCE AMENDING THE LAUREL MUNICIPAL CODE TO PROVIDE THE CITY COUNCIL THE AUTHORITY TO ESTABLISH AND ADOPT THE CITY'S FEES AND CHARGES FOR SERVICES IT PROVIDES BY ANNUAL RESOLUTION AFTER A PUBLIC HEARING. WHEREAS, the City of Laurel provides a wide range of services for the public and its citizens and charges a reasonable fee and/or charge for its services in order to pay for the service; and, WHEREAS, the City Council desires to establish a Schedule of Fees and Charges by annual resolution to enable the city staff and the public to have notice and immediate access to the fees or charges for services enforceable within the jurisdiction of the City of Laurel; and WHEREAS, by combining the various services and the respective fees into one Schedule of Fees and Charges the public and citizens will have immediate access and notice to the various fees and charges levied by the City in a format that is simple to understand; and WHEREAS, having one Schedule of Fees and Charges will enable the City Council to review and adjust the fees and charges on an annual basis; and WHEREAS, the City Council desires to review, adjust and adopt a Schedule of Fees and Charges by resolution on an annual basis atter a public hearing. IT IS HEREBY ORDAINED by the City Council of the City of Laurel, Montana, that the Laurel Municipal Code is hereby modified and mended as follows: 2.80.040 Library funding. A. The city council shall provide funding for the city public library, in such amounts as the city may determine from time to time in its sole discretion, through the general budgeting process, from out of the aH-purpose mill levy. The City Council, with the approval of the library board, shall establish reasonable fees and/or charges for library related and provided services by annual Resolution after a public hearing. B. The city is authorized to accept all donations or public subscriptions, gifts or bequests for library purposes and to deposit them in the appropriate cash account in the general fund. (Ord. 1015, 1992: prior code § 19.04.040) 5.04.010 Scope. (Business Licenses in General) The provisions of this chapter apply to the issuance of every kind of license or permit authorized by the city. Whenever a provision of a particular licensing ordinance shall be deemed in conflict with any phrase or section of this chapter, the provision of the particular licensing ordinance shall prevail. The City Council shall establish reasonable fees and/or charges for all licenses and hermits issued within the jurisdiction oftbe City by annual Resolution after a public hearing. (Prior code § 5.04.010) 5.08.010 General business license fees. The City Council shall establish city license fees and/or charges for all businesses of whatever nd O06-04 Amend Laurel Mtmi¢ipal Code Fees and Charges - 2 reading ~v .................... ~ th/: cza,.c, within the iurisdiction of the City by annual Resolution after a public hearing. (Ord. 94-23, 1994: prior code § 5.44.010) 5.08.020 Utility services license fees. The city license fee for a business dealing in utility services, including but not limited to electric and light power, natural gas, and telephone service shall be established annually by City Council Resolution after a public hearing. +"'^,.,,, .._.~wu"~'~-~a Ga,,...,~ ~v~,..~a^'~-~ p~ yzar. (Prior code § 5.44.020) 5.08.030 Apartments, hotels, motels, boardinghouses--License fees. A. The city license fee for apartments and boardinghouses in which there are three or more rental umts shall b ~: ..... c~., ,~n ......... established annually by City Council Resolution after a public hearing. B. The city license foe for hotels and motels shall be f~-doglm,~,~ established annually by City Council Resolution after a public hearing. (Prior code § 5.44.030) 5.12.040 Beer retailer fee. A. The license fee to the city for any unit of a nationally chartered veteran's organization ing b t?'2rty ~ ,~n ..... a ,,,.~+., ~ .....'" established annually do usiness as a beer retailer shall be ................. j .......... by City Council Resolution after a public hearing. B. The license fee to the city for all other persons doing business as a beer retailer for the year July 1, 1985 to June 30, 1986, and for all subsequent years shall be In,~mmRa,~aiq~ established annually by City Council Resolution after a public hearino. (Ord. 882, 1986: prior code § 5.36.040) 5.12.050 Beer and wine retailers fee. A. The license fee to the city for any unit of a nationally chartered veteran's organization doing business as a beer and wine retailer shall be .... ~ ~ ,~^n .... ~ ..... '-' ~"~ ,, ....... stabhshed annually by City Council Resolution after a public hearina. B. The license fee to the city for all other persons doing business as a beer and wine retailer for the year July 1, 1985 to June 30, 1986, and for all subsequent years shall be dr,~2-~m, established annually by City Council Resolution after a public hearing. (Ord. 883, 1986: prior code § 5.36.050) 5.12.060 All beverage retailer fee. A. The license fee to the city for any unit of a nationally chartered veteran's organization do business as an all beverage retailer shall be established annually by City Council Resolution after a public hearing, B. The license fee to the city for all other persons doing business as an all beverage retailer for the year July 1, 1985, to Jane 30, 1986, and for all subsequent years shall be slx 'd,~Po,~m. Established annually by City Council Resolution after a public hearing. (Ord. 884, 1986: prior code § 5.36.060) 5.12.070 Organization fee. The license fee to the city for any fraternal club or organization entitled to an alcoholic beverage license under the Montana Alcoholic Beverage Code shall be the ~m.'nc az ~,,,,,~.,,.~c~'~;~-~ ~..-.~ ~ ~n.~, ~..~.~ ~,~ n~ ~.:~ 5.12.060. established annually by City Council Resolution after a vublic hearing. (Prior code § 5.36.070) 006-04 Amend Laurel Municipal Code Fees and Charges - 2"a reading 5.20.040 Amusement license fees. The annual license fee for each business or establishment containing any amusement devices or games, including but not limited to pool tables, jukeboxes, electronic games, end pinball machines, excepting devices as are covered by M. C. A. Title 23, Chapter 5, Part 6, shall be .... .~ ...... w. yea~. established annually by City Council Resolution after a public hearing. (Ord. 02-19, 2002: Ord. 915, 1987: prior code § 5.24.040) 5.24.020 License fee. The city license fee for engaging in the junk business shall be ~y ~" .......... established annually by City Council Resolution after a public hearino. (Prior code § 5.12.020) 5.28.030 License fee. The fee for a city license to engage in the business of pawnbroker shall be c. ne ~u.n~-z.d ~z~ars per--yea~, established annually by City Council Resolution after a public hearing,. (Prior code § 5.20.030) 5.36,030 License fee. (entertainment end dencing) The license fee shall be ~ established annually by City Council Resolution after a public hearing in addition to eny other license fees paid under the code. The license shall not be transferable to a subsequent owner. (Prior code § 5.28.030) 5.40.030 Annual license fee for taxicabs. A. The annual fee for an owner shall be 5fly a,.c,~ars established annually by City Council Resolution after a public hearing whether he/she drives a taxicab or not. (Ord. 1032, 1992: prior code § 5.32.030) 5.44.040 License fee. The fee for a city license to engage in the business of transient merchant ' ' '~,.g '~''~ ...... vv.~.,j"' ~.,~,.~.~' ..... shall be established annually by City Council Resolution atter a public hearing. The fee may only be prorated to on~halfyesr. (Ord. 02-21, 2002: Prior code § 5.08.040) 5.48,010 Dairy and creamery operating fee. The city license fee required for operating a dairy or creamery shall be established annually by City Council Resolution after a public hearing, (Prior code § 5.56.010) 5.48.020 Milk distributor fee. The city license fee required for distributing milk or milk products on a regular mute shall be ~':"*" ~"~ '~-" ......... established annually by City Council Resolution after a public hearine. (Prior code § 5.56.020) 5.48.030 Dairies or creameries distributing fee. The city license fee required for a dairy or creamery distributing milk or milk products on a regular route shall be ,~:....,~.~,~...,-~4~"~ -~va*~o~ll~11 .......... ~--- ;~,-. established annually by City Council Resolution after a public hearing. (Prior code § 5.56.030) 5.52.080 Payment to city. In consideration for the fights, privileges and services granted under a license hereunder end as compensation to the city for the use of its public ways end places by the licensees, and in lieu of all 006-04 Amend Laurel Municipal Code Fees and Charges - 2na reading occupation and license taxes, the licensee shall, on or before January 15th of each year, pay to the city the sum ............. ~4~11 ...... In n~,-I ........... 4e~.l~ ...... 4- ....... 4-~ ~g*l~ 11 ..... established annually by City Council Resolution after a public hearine. Should the license come into effect after July 1st of any given year, the license fee shall be [': ~z ::am cf5~7 n-.ollars one half for that year, and ~'~h~ad~,~oga~ the full fee for each year thereafter. The city reserves the right to review and modify the license fee annually gom-timeqo-fime through Resolution after a public hearing. (Prior code § 5.52.080) 5.60.060 Fees. The annual fee for a sexually oriented business operator's license, whether new or renewal, is ...v~"~ ..~L~.~"'-~-~ ~,,_,.~,.'~"~ shall be established annually by City Council Resolution after a public hearing. The annual fee for a sexually oriented business employee license, whether new or renewal, :~ .... j dz~2~:, shall be established annually by City Council Resolution after a public hearing. These fees are to be used to pay for the cost of the administration and enforcement of this chapter. (Ord. 00-4 (part), 2000) 6.08.020 License fee. A. A license fee.,.~^47 ~.~4~"~ -~,~11 .... ~.~..1~11 br. e,~.~-~:'~ for each neutered male dog and spayed female dog and a license fee ~'4-~- .~11~ ~11 ~.~ _~: .................. t.~d for each uuspayed female dog and unneutered male dog shall be established annually by City Council Resolution after a public hearine. 6.08.060 Kennel license required. Any person maintaining a kennel as defined in Section 6.04.010 shall pay an annual license fee,,.~' 4-~..~,..~., ~.v~'~ ~.~n ......... v-~- ~.-- established annually by City Council Resolution after a public hearing for maintaining such kennel. No license shall be issued until the premises to be used for the kennel has been inspected and approved by the department of the city. (Prior code § 7.04.080) 6.12.020 Impoundment notice and terms. B. The owner must redeem the impounded animal within five days after the giving of notice, or it shall be subject to disposal by the poundmaster or any law enforcement officer, as provided in Section 6.12.030. The owner of any impounded dog or other animal may not regain possession of the animal until he/she has paid an impounding fee he, .... ,.. 421~.~ ,-I~11 .... 1..~ 421~.~ d~,"n--~ and a boarding fee charge established annually by City Council Resolution after a public hearing, for gs keeping the dog for each twenty-four hour period, or part thereof; that it is impounded. NEW SECTION: 8.04.250 City Service Fees and Charges. The City Council shall establish fees and charges for additional solid waste related services by Resolution. 10.36.110 Registration required. All bicycles within the city must be registered by their owners with the city clerk-treasurer and which time pay the sum established annually by City Council Resolution after a public hearing cf erie dottar-per--y~ for licensing and registering the bicycle. (Ord. 97-2 § 4 (part), 1997; prior code § 10.32.110) 12.08.050 Permit fees. (Driveways) 006-04 Amend Laurel Municipal Code Fees and Charges - 2~ reading Permit, inspection and service fees shall be charged by the city as established annually by City Council Resolution after a public hearing ; ..... ..n ....... .:*~ ,~; ...... + ~.n~,~.~ ~,,~ ~ (Prior code § 11.08.050) NEW SECTION: 12.28.070 Fees and Charges. (Park Rules and Regulations) The City Council shall establish reasonable fees and/or charges for the use of the pool, parks and/or recreation areas and facilities owned by the City by annual Resolution after a public hearing. 12.44.020 Vacating fee. (Street Vacations) Vacating fee will be established annually by City Council Resolution atter a public hearing oa~a~md~h~4m~ to cover cost of notice and administrative costs. (Prior code § 11.32.020) NEW SECTION. 15.03.010 City fees for building~ remodel, plumbing and construction projects. The City Council shall establish reasonable fees and/or charges for all building, remodel, ~iumbing and/or construction permits for projects within the City by annual Resolution after a public hearing. 15.14.010 Permit required--Application--Fee. C. Whenever special investigation is required hereunder, the fee for such investigation shall be established by annual City Council Resolution after a public hearin~ twenty ~-:~, dc,!!ar:, and shall be in addition to the permit fee. (Ord. 99-14 (part), 1999: Ord. 943, 1988: prior code § 15.14.010) NEW SECTION: 15.36.180 City fees and/charges for signs. The City Council shall establish reasonable fees and/or charges for all signage within the jurisdiction of the City by annual Resolution after a public hearine_ 16.56.050 Fees. (Subdivisions) The appropriate fee shall accompany the preliminary plat and preliminary minor plat. The t--,~,~.-,-~"~";-~ bc, c~ The City Council shall set the fees in accordance with Section 2.72.060. The planning board shall set policy and periodically adjust same via public hearings ~.~ ...... ,~,, ~.~.,,~'~"~ t~, ,,~ ..... ,~. ~'~'"~'~ .... ~ -~'* .... ~*~ ~ (Pti d § 050) ....... r,~-~v .... ~ ....../ orco c 18.72. 16.60.050 Petition fee. (Annexations) The City Council shall set an Annexation fee ,,,m ..~,.~*; .... ,~'~ ,.,,..,~..~,.~..~~a~;~n"~: ...... ,.,,,,~,,.~"~ by annual Resolution after a public hearing in accordance with Section 2.72.0 60 (Prior code § 18.76.010(D)) 17.40.150 Cash in lieu of required parking spaces. If property subject to the off-street parking requirements of this section is not large enough to include the number of required spaces specified hereunder, or if the proposed location of the parking 006-04 Amend Latwel Municipal Code Fees and Charges - 2~d reading spaces, whether on-site or off-site, is undesirable in the opinion of the governing body, the city may accept a cash payment in lieu of some or all of the required number of parking spaces. Such payment shall ~a~ott~hhoq~aad be set by the City Council by annual Resolution after a public hearim, for each required space not being provided. The payment shall be made at the time of application for the building permit to construct the building or improvement, and shall be deposited to the Laurel parking fund, to be used by the city for future acquisition, construction, maintenance and improvement of city- owned parking spaces. (Ord. 928, 1988: Ord. 893, 1986: prior cede § 17.76.010CN)) BE IT FURTHER ORDAINED, that the City Council shall review, modify and adjust its fees and cbarges by Resolution approving an official "City of Laurel Schedule of Fees and Charges" on, at least, an annual basis after a public hearing or as determined needed by the City Council. This ordinance shall become effective thirty (30) days after final passage by the City Council and approved by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on April 18 ,2006, by Alderperson Mace PASSED and ADOPTED by the Laurel City Council on second reading this 16th day of May ,2006, upon motion of Alderperson Mace APPROVED BY THE MAYOR this 16th _ day of May ,2006. ATTEST: Mary IC~J~ml~leton, Clerk-Treasurer APPROVED AS TO FORM: Sam Painter, Leg_al_ Counse.,l,/~ Elk River Law Office, P.L.~-'?P. CITY OF LAUREL O06-04 Amend Laurel Municipal Code Fees and Charges - 2~a reading