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Item 3.
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| City Council Regular | |
| Date: | 07/14/2025 |
| Title: | First Reading of Ordinance Amending BMCC 24-601 - Public Hearing |
| Presented by: | Daniela Pavuk, Assistant City Attorney |
| Department: | Legal |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends the City Council conduct a public hearing and approve a first reading of the ordinance amending Billings, Montana City Code (BMCC), Section 24-601.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Billings Municipal Code § 24-601 has not been updated since its 1967 iteration. This code does not reflect modern policing tactics, as it relates to bait bikes.
Currently, Billings code prohibits all individuals from leaving an unsecured bike in a public place. This restriction, while intended to promote bicycle security, inadvertently conflicts with the Billings Police Department’s bait bike program—a proactive law enforcement strategy where bicycles are strategically placed in high-theft areas to catch bicycle thieves. Staff are proposing an exemption for law enforcement, consistent with § 24-602 which already exempts authorized law enforcement personnel from the prohibition on riding bikes on sidewalks in the business district. This amendment would eliminate any legal ambiguity regarding the bait bike program and strengthen the Billings Police Department’s position during potential legal challenges in criminal cases.
Red-lined and clean versions of the amendments to the ordinances are attached to this memo.
Currently, Billings code prohibits all individuals from leaving an unsecured bike in a public place. This restriction, while intended to promote bicycle security, inadvertently conflicts with the Billings Police Department’s bait bike program—a proactive law enforcement strategy where bicycles are strategically placed in high-theft areas to catch bicycle thieves. Staff are proposing an exemption for law enforcement, consistent with § 24-602 which already exempts authorized law enforcement personnel from the prohibition on riding bikes on sidewalks in the business district. This amendment would eliminate any legal ambiguity regarding the bait bike program and strengthen the Billings Police Department’s position during potential legal challenges in criminal cases.
Red-lined and clean versions of the amendments to the ordinances are attached to this memo.
STAKEHOLDERS
Recommended by City staff, including the Billings Police Department and Legal.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
Approval of all or some of the proposed amendments will have a negligible financial impact on the City's budget.