HomeMy WebLinkAboutCity Council Packet 01.12.2021
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, JANUARY 12, 2021
6:30 PM
ONLINE
NEXT RES. NO.
R21-01
NEXT ORD. NO.
O21-01
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor. Once again, each speaker is limited to three minutes.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often .
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of December 22, 2020.
Correspondence
Council Disclosure of Ex Parte Communications
Public Hearing
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then voted upon by roll
call under one motion.
2. Claims entered through December 4, 2020.
3. Claims entered through December 18, 2020.
4. Claims entered through January 8, 2021.
5. Approval of Payroll Register for PPE 12/27/2020 totaling $164,132.16
Ceremonial Calendar
Reports of Boards and Commissions
6. Budget/Finance Committee Minutes of November 24, 2020.
Audience Participation (Three-Minute Limit)
Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
1
Scheduled Matters
7. Appointment of Wallace Hall to the Police Commission for a three-year term ending April 30,
2023.
8. Appointment Don Smarsh to the Laurel Urban Renewal Agency for the remainder of a four-
year term ending December 31, 2023.
9. Resolution No. R21-01: Resolution Of The City Council To Adopt The 2020 City Of Laurel
Growth Policy.
10. Ordinance O21-01: An Ordinance Creating A New Title 13 Entitled “Fire Prevention And
Protection” And Amending And Renumbering Certain Sections Of Title 15 And 8 Of The
Laurel Municipal Code Updating The City’s Fire Prevention And Protection Codes.
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute . While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
2
File Attachments for Item:
1. Approval of Minutes of December 22, 2020.
3
4
5
6
7
File Attachments for Item:
6. Budget/Finance Committee Minutes of November 24, 2020.
8
Minutes of City of Laurel
Budget/Finance Committee
Tuesday, November 24, 2020
Members Present: Emelie Eaton Bruce McGee
Richard Klose
Others Present: Mayor Nelson Bethany Langve
Lyndy Gurchiek
Public Input: Citizens may address the committee regarding any item of business that is not on the
agenda. The duration for an individual speaking under Public Input is limited to three minutes. While
all comments are welcome, the committee will not take action on any item not on the agenda.
General Items -
1. Review and approve the November 10, 2020 Budget and Finance Committee meeting
minutes. Bruce McGee moved to approve the minutes as presented. Richard Klose
seconded the motion, all in favor, motion passed.
2. Review and Approve purchase requisition from the Ambulance Department for pre-approval
of several equipment purchases under the condition the State approved the purchases through
the CARES Act reimbursement program. The Ambulance Director, Lyndy Gurchiek,
presented to the Committee a request for pre-approval of new ambulance department
equipment. These pieces of equipment had previously been sent to the State of Montana for
pre-approval of reimbursement through the CARES ACT funding. The City has yet to hear
back from the State regarding the pre-approval request, but if the equipment is approved the
Department wants the approvals from the Budget and Finance Committee in place so
purchasing can proceed quickly. There is a deadline of December 31st for possession and
payment of this equipment so the department will need to proceed quickly if the State
approves the reimbursement. The Ambulance Director stated she had heard from other
agencies they had been approved for these purchases. All the items being requested provide
a level of protection between the First Responder and a potentially positive COVID-19
patient. The Committee asked if the equipment would be new and the Ambulance Director
stated it would be. The Committee asked if there would be enough time to get the equipment
in prior to the December 31st date and the Ambulance Director stated she would confirm
delivery dates prior to placing any orders. She stated that vendors are trying to make these
delivery dates happen for agencies. Bruce McGee made a motion to approve the purchase
requisition for the Ambulance Department equipment listed, with the stipulation the State
approves reimbursement through the CARES Act reimbursement. Richard Klose seconded
the motion to approve the purchase requisition, all in favor, motion passed.
3. Review and approve the May 2020 balancing sheet. The Committee reviewed the May 2020
balancing sheet and had no questions or comments. Richard Klose made a motion to approve
the May 2020 balancing sheet. Bruce McGee seconded the motion, all in favor, motion
passed.
4. Review and approve the October 2020 Utility Billing Adjustments. Emelie Eaton made a
motion to approve the October 2020 Utility Billing Adjustments. Richard Klose seconded
the motion, all in favor, motion passed.
5. Review and recommend approval to Council, Claims entered through 11/20/2020. The
Claims Detail report and the check register had previously been reviewed for accuracy.
There were no questions regarding the claims. Richard Klose made a motion to recommend
9
approval of the claims entered through 11/20/2020. Bruce McGee seconded the motion, all
in favor, motion passed.
6. Review and approve Payroll Register for pay period ending 11/15/2020 totaling $202,286.64.
Richard Klose made a motion to recommend approval of the payroll register for pay period
ending 11/15/2020 totaling $202,286.64. Emelie Eaton seconded the motion, all in favor,
motion passed.
New Business – none
Old Business –
7. Fire Association Meal Pay – Drill Pay discussion. The Chair had drafted two resolutions for
the Fire Association Meal Pay and the Fire Association Drill Pay. The Committee asked if
these would go to the City Attorney. The Mayor stated any resolution would have to go to
the City Attorney for review. The Committee asked if these resolutions would help the
auditors. The Clerk/Treasurer stated it would help put the information on record for
everyone to refer to. The Committee would like for this to go to full Council to be discussed
further as these are draft resolutions.
Other Items –
8. Clerk/Treasurer Update – The Clerk/Treasurer stated the City had been approved by the State
to receive an additional $350,558.00 in CARES funding.
9. Mayor Update – The Mayor stated he wanted to discuss some procedural items with the
Committee.
10. The Committee requested the transit bus be discussed at the next meeting.
Announcements –
11. The next Budget and Finance Committee meeting will be held on December 8, 2020. The
meeting will be held at 5:15pm via ZOOM or 5:30pm in person, method is yet to be
determined.
12. Bruce McGee will be reviewing the claims for the next meeting.
Respectfully submitted,
Bethany Langve
Clerk/Treasurer
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for the
listed workshop agenda items.
10
File Attachments for Item:
7. Appointment of Wallace Hall to the Police Commission for a three-year term ending April 30,
2023.
11
12
File Attachments for Item:
8. Appointment Don Smarsh to the Laurel Urban Renewal Agency for the remainder of a four-
year term ending December 31, 2023.
13
Mayor Nelson and City Council,
I would like to be reappointed on the LURA board. Sorry that I have been limited to
attend meetings during this past 3 months. We have had limited staff with COVID
related problems.
Thanks for your consideration.
Don Smarsh
14
File Attachments for Item:
9. Resolution No. R21-01: Resolution Of The City Council To Adopt The 2020 City Of Laurel
Growth Policy.
15
R21-01 Resolution to Adopt 2020 Growth Policy Update
RESOLUTION NO. R21-01
RESOLUTION OF THE CITY COUNCIL TO ADOPT THE 2020 CITY OF
LAUREL GROWTH POLICY.
WHEREAS, the City Council tasked the Planning Board with the preparation of
an updated Growth Policy for City of Laurel; and
WHEREAS, the Planning Board approved an action plan incorporating public
input and an approximate timeline for the adoption of an updated Growth Policy for City
of Laurel; and
WHEREAS, the Planning Board conducted a series of public meetings, surveys
and outreach to encourage public participation in the preparation of the updated Growth
Policy; and
WHEREAS, the Planning Board considered several strategies and policies that
could be adopted by the City Council to implement the updated Growth Policy; and
WHEREAS, the Planning Board encouraged both written and verbal testimony on
issues and items of concern related to the future growth and development expected to
occur during the life of the new Updated Growth Policy; and
WHEREAS, the Planning Board conducted a public hearing on the Growth Policy
update on October 21, 2020. Additionally, the Planning Board, by Resolution Number
20-01, currently recommends the adoption of the updated Growth Policy and
Implementation Strategy by the City Council; and
WHEREAS, the City of Laurel continues to work cooperatively with Yellowstone
County through their Planning Board on planning, subdivision, and land use related
issues; and
WHEREAS, the City Council desires to establish and maintain up to date growth
management regulations including but not limited to Zoning Regulations, Design and
Development Standards, Subdivision, and Floodplain Regulations; and
16
R21-01 Resolution to Adopt 2020 Growth Policy Update
WHEREAS, the City is statutorily required to examine and update the Growth
Policy on a time frame not to exceed five (5) calendar years; and
WHEREAS, the City Council desires to provide persons who may be affected by
the adoption of the Growth Policy update ample opportunity for involvement in the
adoption process; and
WHEREAS, the City Council conducted a public hearing on November 24, 2020,
regarding the Growth Policy update and took action by adopting a Resolution of Intent to
adopt the 2020 Growth Policy Update; and
WHEREAS, the City Council opened a 30-day public comment period, which
was published twice in a newspaper of record and the comment period expired on
December 24, 2020; and
WHEREAS, the City Council gave due consideration to the public comments
received; and
WHEREAS, the proposed Growth Policy update addresses all the statutory
components of a Growth Policy found in §76-1-601 MCA to the extent acceptable to the
City Council; and
WHEREAS, §76-1-604 of the Montana Code Annotated provides the process for
the adoption, revision, or rejection of a growth policy by the City Council which was
complied with during these proceedings.
NOW THEREFORE BE IT RESOLVED, the City Council hereby approves and
adopts the 2020 City of Laurel Growth Policy with an effective date of December 24
2020.
Introduced at a regular meeting of the City Council on January 12, 2021, by
Council Member _____________________.
PASSED and APPROVED by the City Council of the City of Laurel this 12th day
of January 2021.
APPROVED by the Mayor this 12th day of January 2021.
17
R21-01 Resolution to Adopt 2020 Growth Policy Update
CITY OF LAUREL
___________________________
Thomas C. Nelson, Mayor
ATTEST:
_______________________________
Bethany Langve, Clerk-Treasurer
Approved as to form:
______________________________
Sam S. Painter, Civil City Attorney
18
File Attachments for Item:
10. Ordinance O21-01: An Ordinance Creating A New Title 13 Entitled “Fire Prevention And
Protection” And Amending And Renumbering Certain Sections Of Title 15 And 8 Of The Laurel
Municipal Code Updating The City’s Fire Prevention And Protection Codes.
19
ORDINANCE NO O20-__
AN ORDINANCE CREATING A NEW TITLE 13 ENTITLED “FIRE PREVENTION
AND PROTECTION” AND AMENDING AND RENUMBERING CERTAIN SECTIONS
OF TITLE[KC1] 15 AND 8 OF THE LAUREL MUNICIPAL CODE UPDATING THE
CITY’S FIRE PREVENTION AND PROTECTION CODES.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, the City Staff prepared the amendments below to the Laurel Municipal Code
to remain consistent and in accordance with the laws of the State of Montana, and to provide a
consistent searchable ordinance for citizens and members of the public; and
WHEREAS, the City Staff and the Mayor are recommending the following amendments
for adoption into the existing Laurel Municipal Code as noted herein.
NEW TITLE: Title 13 – Fire Prevention and Protection
Chapters:
Chapter 13.01 – Fire Code
Sections:
13.01.010 - Adoption.
The City of Laurel hereby adopts by reference per MCA 7-5-4202(1) and 7-33-4208, The
International Fire Code, 2012 edition as modified by the Administrative Rules of Montana (ARM)
23.12.601 (1) through (5), and 23.12.603, 23.12.605 published by the International Code Council, is
adopted by reference as the Fire Code of the City of Laurel. It regulates and governs the safeguarding of
life and property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life and property in the occupancy
of buildings and premises as herein provided; provides for the issuance of permits and collection of fees
therefor; and each and all regulations, provisions, penalties, conditions, and terms of said fire code on file
in the office of the Laurel City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set
out, with the additions, insertions, deletion and changes, if any, set by ordinance.
(Ord. No. O08-07, 7-15-08; Admin. Order AO-15-01 § 5, 2-24-2015)
13.01.020 - Updated references.
The International Fire Code, 2012 edition, as published by the International Code Council as
referenced in section 13.01.010 of this chapter, may be amended by resolution or administrative order of
the mayor.
(Ord. No. O08-07, 7-15-08; Admin. Order AO-15-01, § 5, 2-24-2015)
20
13.01.030 - Modifications to International Fire Code
The City of Laurel hereby adopts the following revisions to the Internation al Fire Code manual as
follows:
Section 101.1. Insert [City of Laurel, Montana]
Section 109.43. shall read: [KC2]
Violations penalties. Persons who shall violate a provision of the code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official , or of a permit or certificate
used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not
more than $500.00 or by imprisonment not exceeding 6 months, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served shall be deemed a separate
offense.
Section 111.4 Insert: [not less than $100.00 or more than $500.00]
Section 906.1. Delete Exception to Section 906.1, #1.
Section 906.1 shall read:
906.1. Where required. Portable fire extinguishers shall be installed in the following locations.
1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4, and S occupancies.
2. Within 30 feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R -3 occupancies, in
accordance with Section 1415.1.3315.1 [KC3]
5. When required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer rooms and
generator rooms, where required by the fire code official.[KC4]
Add Section 907.6.515.1. When required by the Fire Code Official, non-required fire alarm systems
shall be monitored by an approved supervising station in accordance with NFPA 72. [KC5]
The City of Laurel hereby establishes the following geographic limits are referred to in the 2006
International Fire Code as follows:
Section 3204.3.1.1.5504.3.1.1.3 Location[KC6]. Stationary containers shall be located in accordance
with section 3206.6. Containers of cryogenic fluids shall not be located within diked areas containing
other hazardous materials.
Section 3404.2.9.5.15704.2.9.6.1. [KC7]Locations where above-ground tanks are prohibited. Storage
of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits
established by the City of Laurel.
Section 3406.2.4.45706.2.4.4. [KC8][KC9]Locations where above-ground tanks are prohibited. Storage
of Class I and II liquids in above-ground tanks outside buildings is prohibited within the limits established
by the City of Laurel.
Section 5806.2 Limitations[KC10]. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within the limits established by the City of Laurel.
Section 3804.26104.2. [KC11]Locations where the storage of liquefied petroleum gas is restricted for
the protection of heavily populated or congested areas. Storage of liquefied petroleum gas in above-
ground tanks outside buildings is prohibited within the limits established by the City of Laurel.
(Ord. No. O08-07, 7-15-08)
21
Editor's note— Administrative Order, AO15-01, § 5 adopted the 2012 edition of the
International Fire Code. The provisions set out in § 15.50.030 above refer to the 2006 edition of
the International Fire Code.
CHAPTER 8.16 is renumbered and amended as follows:
Chapter 8.1613.02 - FIREWORKS[1]
Sections:
Footnotes:
--- (1) ---
Editor's note— Ord. No. O11-06, adopted May 17, 2011, amended Ch. 8.16 in its entirety and enacted
similar provisions as set out herein. The former Ch. 8.16 derived from prior Code §§ 9.08.050 and
9.08.060; and Ord. 1006, adopted in 1991.
8.1613.02.010 - Prohibited except in certain areas.
The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles, or other fireworks or
substances designed or intended for pyrotechnic display or demonstration within the city is prohibited;
except as provided in this chapter. The mayor may at any time permit a public display or fireworks under
such conditions as he/she may prescribe.
(Prior code § 9.08.050)
(Ord. No. O11-06, 5-17-2011)
8.1613.02.020 - Sale prohibited in city limits.
It is unlawful for any person to offer for sale, expose for sale, or sell at retail or wholesale, within the
corporate limits of the city, any fireworks of any nature whatsoever.
(Ord. 1006, 1991: prior code § 9.08.060)
(Ord. No. O11-06, 5-17-2011)
8.1613.02.030 - Discharging dates and times.
1. The discharge of fireworks within the city limits of Laurel is prohibited except as follows:
A. July 2 from 8:00 a.m. until 11:59 p.m.;
B. July 3 from 8:00 a.m. until 11:59 p.m.;
C. July 4 from 8:00 a.m. to 12:30 a.m. on July 5; and
D. December 31 from 10 p.m. until 12:30 a.m. on January 1.
2. The mayor, or designee, shall determine if there are special circumstances that warrant the discharge
of fireworks not provided for in this section, and authorize such use if the circumstance is community
wide and of national, state and local significance.
22
3. Professional Fireworks Displays Using Display Fireworks. Public displays of fireworks by a licensed,
bonded pyrotechnic operator are exempt from this section. Permits for any public dis play by a licensed
bonded pyrotechnic operator from the mayor are required to conduct a public fireworks display.
"Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle, mine, and any similar
1.3g (display fireworks) and 1.4g (consumer fireworks) explosive as defined by the U.S. Department
of Transportation in Part 173, Title 49, Code of Federal Regulations. CFR 49 Part 173 Subpart C.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.040 - Possession illegal.
1. Possession of fireworks not allowed to be sold or discharged by the state State of Montana is illegal.
2. It shall be unlawful for any parent, guardian, or custodian of any child, the child being age twelve or
younger, to permit or consent to the pos session or discharge by the child of any fireworks as defined
herein, unless that parent, guardian or custodian be in direct supervision of the child at the time of
discharge. For purposes of this section "direct supervision" means the overall direction an d control of
an individual and requires the individual furnishing direct supervision to be present and immediately
available to furnish assistance while he or she is in possession of or is discharging any and all
fireworks. Direct supervision also requires the individual directly supervising to control the application
of flame or other means of discharge of the firework and must be no greater than 10 feet away from
the individual being directly supervised at time of the firework's discharge.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.050 - Permissible fireworks.
Shall be the same as those authorized by the State of Montana.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.060 - Littering illegal.
It shall be illegal for anyone to leave debris from discharged f ireworks on any public place including,
but not limited to, parks, sidewalks, streets, and alleys, or on private property not owned by the individual
discharging the fireworks.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.070 - Enforcement.
1. City police officers shall enforce this chapter.
2. Any police officer charged with enforcing this chapter may;
A. Issue a notice to appear to Laurel City Court for violations of this chapter; and/or
B. Seize fireworks that are offered for sale, sold, or in the possession of any individual in violation of
this chapter.
3. Any person who violates these rules and regulations shall be guilty of a misdemeanor and subject to
the following fines:
º 1st offense—Two hundred fifty dollars;
23
º 2nd offense—Three hundred fifty dollars;
º 3rd offense and higher—Five hundred dollars.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.080 - Fireworks prohibited on all city or public property.
Fireworks may not be discharged in or on any park, city, or public property.
(Ord. No. O11-06, 5-17-2011)
CHAPTER 8.20 is renumbered and amended as follows:
Chapter 8.2013.03 - MISCELLANEOUS FIRE PROTECTION REGULATIONS[2]
Sections:
Footnotes:
--- (2) ---
Editor's note— Ord. No. O10-03, adopted Aug. 17, 2010, amended Ch. 8.20 in its entirety and enacted
similar provisions as set out herein. The former Ch. 8.20 derived from Ord. 926, adopted in 1987; and
prior code §;s 9.08.010 and 9.08.020.
8.2013.03.010 - Bonfires prohibited.
A. Except as provided hereinbelow, no person shall build, kindle, ignite, maintain, or allow any bonfire,
rubbish fire, or any other open fire on any property within the city limits of the city.
B. The city fire chief may allow a special permit to a public agency to ignite and maintain a recreational-
type bonfire only, within city limits. The agency shall first apply to the fire chief for such permit pursuant
to Section 105.6.30 of the International Fire Code which is adopted by the city . [KC12]As a condition of
granting the permit, the fire chief may require that the city fire department shall stand by, at and during
the recreational bonfire for which the permit is granted. The permit holder shall abide by all provisions
and stipulations on the permit and obtain a Yellowstone County Open Burning Permit.
C. The city fire chief may allow an open burning permit for agricultural purposes to any person(s)
requesting such. The permit holder shall abide by all provisions and stipulations on the permit and
have obtained a Yellowstone County open burning permit.
D. Approved or purchased outdoor fireplaces may be used per manufacturers' specifications and in
accordance with Section 307 of the International Fire Code as adopted by the city. No pit fires shall be
allowed. Under the provision of MCA 50-63-103, you are liable for any and all fire suppression costs
and damages resulting from an escaped or uncontrollable fire. Items prohibited to burn can be found
attached to ordinance.[KC13] are listed through the Yellowstone County DES.
E. The city council may from time to time by resolution, establish or change a fee to be paid to the city by
the applicant, at the time of application for a special bonfire permit.
(Ord. No. 10-03, 8-17-2010)
24
8.2013.03.020 - Careless conduct in smoking.
A. Any person who, by reason of careless, willful or wanton conduct in smoking, or in the use of lighters
or matches for smoking, sets fire to any bedding, carpet, curtains, drapes, furniture, household
equipment or other goods or chattels or to any building, shall be fined in accordance with the penalties
provided in Section 1.36 of the Laurel Municipal Code, or prosecuted under any other appropriate law.
B. "Careless conduct in smoking" includes, as used herein, any of the fol lowing acts, commissions, or
omissions: permitting a spark from a lighted cigar, cigarette or pipe to fall upon or into anything
flammable; placing any lighted smoking material on or about or in close proximity to any flammable
article; falling asleep with lighted smoking material of any kind at hand; throwing lighted smoking
material out of a window or into an elevator pit or elsewhere other than in a proper receptacle therefor;
dropping a lighted cigarette or cigar or part thereof into a mail chute in any building; failure to extinguish
the fire of a match or any kind of lighter device after use of the same; failure to destroy the lighted part
of a cigar or cigarette when disposing of it; failure to destroy the burning smidgen or smidgens of
tobacco from a pipe when cleaning or unloading a pipe.
C. A plainly printed notice of the provisions of this section shall be posted in a conspicuous place in every
sleeping room of every hotel, rooming house, tourist home, tourist court or other place renting rooms
for the accommodation of the public. Such notice shall be posted by the owner, proprietor, or managing
agent of such establishment.
(Ord. No. 10-03, 8-17-2010)
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
_________, 2020, by Council Member ___________________.
PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of
________________, 2020, upon motion of Council Member __________________.
APPROVED BY THE MAYOR this ___ day of _______________, 2020.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
25
O21-01: Title 13
ORDINANCE NO O21-01
AN ORDINANCE CREATING A NEW TITLE 13 ENTITLED “FIRE PREVENTION
AND PROTECTION” AND AMENDING AND RENUMBERING CERTAIN SECTIONS
OF TITLE 15 AND 8 OF THE LAUREL MUNICIPAL CODE UPDATING THE CITY’S
FIRE PREVENTION AND PROTECTION CODES.
WHEREAS, the City Council desires to keep the Laurel Municipal Code current by
modifying and updating chapters, sections and subsections to address situations and problems
within the City and to remain in accordance with Montana law; and
WHEREAS, the City Staff prepared the amendments below to the Laurel Municipal Code
to remain consistent and in accordance with the laws of the State of Montana, and to provide a
consistent searchable ordinance for citizens and members of the public; and
WHEREAS, the City Staff and the Mayor are recommending the following amendments
for adoption into the existing Laurel Municipal Code as noted herein.
NEW TITLE: Title 13 – Fire Prevention and Protection
Chapters:
Chapter 13.01 – Fire Code
Sections:
13.01.010 - Adoption.
The City of Laurel hereby adopts by reference per MCA 7-5-4202(1) and 7-33-4208, The
International Fire Code, 2012 edition as modified by the Administrative Rules of Montana (ARM)
23.12.601 (1) through (5), and 23.12.603, 23.12.605 published by the International Code Council, is
adopted by reference as the Fire Code of the City of Laurel. It regulates and governs the safeguarding of
life and property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life and property in the occupancy
of buildings and premises as herein provided; provides for the iss uance of permits and collection of fees
therefor; and each and all regulations, provisions, penalties, conditions, and terms of said fire code on file
in the office of the Laurel City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set
out, with the additions, insertions, deletion and changes, if any, set by ordinance.
(Ord. No. O08-07, 7-15-08; Admin. Order AO-15-01 § 5, 2-24-2015)
13.01.020 - Updated references.
The International Fire Code, 2012 edition, as published by the International Code Council as
referenced in section 13.01.010 of this chapter, may be amended by resolution or administrative order of
the mayor.
(Ord. No. O08-07, 7-15-08; Admin. Order AO-15-01, § 5, 2-24-2015)
26
O21-01: Title 13
13.01.030 - Modifications to International Fire Code
The City of Laurel hereby adopts the following revisions to the International Fire Code manual as
follows:
Section 101.1. Insert [City of Laurel, Montana]
Section 109.43. shall read:
Violations penalties. Persons who shall violate a provision of the code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not
more than $500.00 or by imprisonment not exceeding 6 months, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served shall be deemed a separate
offense.
Section 111.4 Insert: [not less than $100.00 or more than $500.00]
Section 906.1. Delete Exception to Section 906.1, #1.
Section 906.1 shall read:
906.1. W here required. Portable fire extinguishers shall be installed in the following locations.
1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4, and S occupancies.
2. Within 30 feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or dispensed.
4. On each floor of structures under construction, except Group R -3 occupancies, in
accordance with Section 1415.1.3315.1
5. When required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer rooms and
generator rooms, where required by the fire code official.
Add Section 907.6.515.1. When required by the Fire Code Official, non-required fire alarm systems
shall be monitored by an approved supervising station in accordance with NFPA 72.
The City of Laurel hereby establishes the following geographic limits are referred to in the 2006
International Fire Code as follows:
Section 3204.3.1.1.5504.3.1.1.3 Location. Stationary containers shall be located in accordance with
section 3206.6. Containers of cryogenic fluids shall not be located within diked areas containing other
hazardous materials.
Section 3404.2.9.5.15704.2.9.6.1. Locations where above-ground tanks are prohibited. Storage of
Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits established
by the City of Laurel.
Section 3406.2.4.45706.2.4.4. Locations where above-ground tanks are prohibited. Storage of Class
I and II liquids in above-ground tanks outside buildings is prohibited within the limits established by the
City of Laurel.
Section 5806.2 Limitations. Storage of flammable cr yogenic fluids in stationary containers outside of
buildings is prohibited within the limits established by the City of Laurel.
Section 3804.26104.2. Locations where the storage of liquefied petroleum gas is restricted for the
protection of heavily populated or congested areas. Storage of liquefied petroleum gas in above-ground
tanks outside buildings is prohibited within the limits established by the City of Laurel.
(Ord. No. O08-07, 7-15-08)
27
O21-01: Title 13
Editor's note— Administrative Order, AO15-01, § 5 adopted the 2012 edition of the
International Fire Code. The provisions set out in § 15.50.030 above refer to the 2006 edition of
the International Fire Code.
CHAPTER 8.16 is renumbered and amended as follows:
Chapter 8.1613.02 - FIREWORKS[1]
Sections:
Footnotes:
--- (1) ---
Editor's note— Ord. No. O11-06, adopted May 17, 2011, amended Ch. 8.16 in its entirety and enacted
similar provisions as set out herein. The former Ch. 8.16 derived from prior Code §§ 9.08.050 and
9.08.060; and Ord. 1006, adopted in 1991.
8.1613.02.010 - Prohibited except in certain areas.
The discharge, firing or use of firecrackers, rockets, torpedoes, Roman candles, or other fireworks or
substances designed or intended for pyrotechnic display or demonstration within the city is prohibited;
except as provided in this chapter. The mayor may at any time permit a public display or fireworks under
such conditions as he/she may prescribe.
(Prior code § 9.08.050)
(Ord. No. O11-06, 5-17-2011)
8.1613.02.020 - Sale prohibited in city limits.
It is unlawful for any person to offer for sale, expose for sale, or sell at retail or wholesale, within the
corporate limits of the city, any fireworks of any nature whatsoever.
(Ord. 1006, 1991: prior code § 9.08.060)
(Ord. No. O11-06, 5-17-2011)
8.1613.02.030 - Discharging dates and times.
1. The discharge of fireworks within the city limits of Laurel is prohibited except as follows:
A. July 2 from 8:00 a.m. until 11:59 p.m.;
B. July 3 from 8:00 a.m. until 11:59 p.m.;
C. July 4 from 8:00 a.m. to 12:30 a.m. on July 5; and
D. December 31 from 10 p.m. until 12:30 a.m. on January 1.
2. The mayor, or designee, shall determine if there are special circumstances that warrant the discharge
of fireworks not provided for in this section, and authorize such use if the circumstance is community
wide and of national, state and local significance.
28
O21-01: Title 13
3. Professional Fireworks Displays Using Display Fireworks. Public displays of fireworks by a licensed,
bonded pyrotechnic operator are exempt from this section. Permits for any public display by a licensed
bonded pyrotechnic operator from the mayor are required to conduct a public fireworks display.
"Display fireworks" means an aerial shell, salute, flash shell, comet, sky battle, min e, and any similar
1.3g (display fireworks) and 1.4g (consumer fireworks) explosive as defined by the U.S. Department
of Transportation in Part 173, Title 49, Code of Federal Regulations. CFR 49 Part 173 Subpart C.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.040 - Possession illegal.
1. Possession of fireworks not allowed to be sold or discharged by the state State of Montana is illegal.
2. It shall be unlawful for any parent, guardian, or custodian of any child, the child being age twelve or
younger, to permit or consent to the possession or discharge by the child of any fireworks as defined
herein, unless that parent, guardian or custodian be in direct supervision of the child at the time of
discharge. For purposes of this section "direct supervision" means the overall direction and control of
an individual and requires the individual furnishing direct supervision to be present and immediately
available to furnish assistance while he or she is in possession of or is discharging any and all
fireworks. Direct supervision also requires the individual directly supervising to control the application
of flame or other means of discharge of the firework and must be no greater than 10 feet away from
the individual being directly supervised at time of the firework's discharge.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.050 - Permissible fireworks.
Shall be the same as those authorized by the State of Montana.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.060 - Littering illegal.
It shall be illegal for anyone to leave debris from discharged fireworks on any public place including,
but not limited to, parks, sidewalks, streets, and alleys, or on private property not owned by the individual
discharging the fireworks.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.070 - Enforcement.
1. City police officers shall enforce this chapter.
2. Any police officer charged with enforcing this chapter may;
A. Issue a notice to appear to Laurel City Court for violations of this chapter; and/or
B. Seize fireworks that are offered for sale, sold, or in the possession of any individual in violation of
this chapter.
3. Any person who violates these rules and regulations shall be guilty of a misdemeanor and subject to
the following fines:
º 1st offense—Two hundred fifty dollars;
29
O21-01: Title 13
º 2nd offense—Three hundred fifty dollars;
º 3rd offense and higher—Five hundred dollars.
(Ord. No. O11-06, 5-17-2011)
8.1613.02.080 - Fireworks prohibited on all city or public property.
Fireworks may not be discharged in or on any park, city, or public property.
(Ord. No. O11-06, 5-17-2011)
CHAPTER 8.20 is renumbered and amended as follows:
Chapter 8.2013.03 - MISCELLANEOUS FIRE PROTECTION REGULATIONS[2]
Sections:
Footnotes:
--- (2) ---
Editor's note— Ord. No. O10-03, adopted Aug. 17, 2010, amended Ch. 8.20 in its entirety and enacted
similar provisions as set out herein. The former Ch. 8.20 derived from Ord. 926, adopted in 1987; and
prior code §;s 9.08.010 and 9.08.020.
8.2013.03.010 - Bonfires prohibited.
A. Except as provided hereinbelow, no person shall build, kindle, ignite, maintain, or allow any bonfire,
rubbish fire, or any other open fire on any property within the city limits of the city.
B. The city fire chief may allow a special permit to a public agency to ignite and maintain a recreational-
type bonfire only, within city limits. The agency shall first apply to the fire chief for such permit pursuant
to Section 105.6.30 of the International Fire Code which is adopted by the city . As a condition of
granting the permit, the fire chief may require that the city fire department shall stand by, at and during
the recreational bonfire for which the permit is granted. The permit holder shall abide by all provisions
and stipulations on the permit and obtain a Yellowstone County Open Burning Permit.
C. The city fire chief may allow an open burning permit for agricultural purposes to any person(s)
requesting such. The permit holder shall abide by all provisions and stipulations on the permit and
have obtained a Yellowstone County open burning permit.
D. Approved or purchased outdoor fireplaces may be used per manufacturers' specifications and in
accordance with Section 307 of the International Fire Code as adopted by the city. No pit fires shall be
allowed. Under the provision of MCA 50-63-103, you are liable for any and all fire suppression costs
and damages resulting from an escaped or uncontrollable fire. Items prohibited to burn can be found
attached to ordinance. are listed through the Yellowstone County DES.
E. The city council may from time to time by resolution, establish or change a fee to be paid to the city by
the applicant, at the time of application for a special bonfire permit.
(Ord. No. 10-03, 8-17-2010)
30
O21-01: Title 13
8.2013.03.020 - Careless conduct in smoking.
A. Any person who, by reason of careless, willful or wanton conduct in smoking, or in the use of lighters
or matches for smoking, sets fire to any bedding, carpet, curtains, drapes, furniture, household
equipment or other goods or chattels or to any building, shall be fined in accordance with the penalties
provided in Section 1.36 of the Laurel Municipal Code, or prosecuted under any other appropriate law.
B. "Careless conduct in smoking" includes, as used herein, any of the following acts, commissions, or
omissions: permitting a spark from a lighted cigar, cigarette or pipe to fall upon or into anything
flammable; placing any lighted smoking material on or about or in close proximity to any flammable
article; falling asleep with lighted smoking material of any kind at hand; throwing lighted smoking
material out of a window or into an elevator pit or elsewhere other than in a proper receptacle therefor;
dropping a lighted cigarette or cigar or part thereof into a mail chute in any building; failure to extinguish
the fire of a match or any kind of lighter device after use of the same; failure to destroy the lighted part
of a cigar or cigarette when disposing of it; failure to destroy the burning smidgen or smidgens of
tobacco from a pipe when cleaning or unloading a pipe.
C. A plainly printed notice of the provisions of this section shall be posted in a conspicuous place in every
sleeping room of every hotel, rooming house, tourist home, tourist court or other place renting roo ms
for the accommodation of the public. Such notice shall be posted by the owner, proprietor, or managing
agent of such establishment.
(Ord. No. 10-03, 8-17-2010)
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
January 12, 2021, by Council Member ___________________.
PASSED and ADOPTED by the Laurel City Council on second reading this ___ day of
________________, 2020, upon motion of Council Member __________________.
APPROVED BY THE MAYOR this ___ day of _______________, 2020.
CITY OF LAUREL
__________________________________
Thomas C. Nelson, Mayor
ATTEST:
_________________________________________
Bethany Langve, Clerk-Treasurer
APPROVED AS TO FORM:
________________________________
Sam Painter, Civil City Attorney
31