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Item 1.F.
 
City Council Regular
Date: 07/28/2025
Title: Second/Final Reading Ordinance amending Section 22-408, BMCC right-of-way obstructions
Presented by: Daniela Pavuk, Assistant City Attorney
Department: Legal
Presentation: Yes
Legal Review: Yes
Project Number: N/A

RECOMMENDATION

Staff recommends the City Council approve the second and final reading of the ordinance amending Billings, Montana City Code (BMCC), Section 22-408, right-of-way obstructions and blocking acces to entrances with the revision discussed during the first reading at the City Council Regular Business Meeting on July 14, 2025. 
    

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

Billings Municipal Code § 22-408 has not been updated since Ordinance Number 10-5501 was enacted on January 11, 2010. In 2010, this section was revised to make a violation of this section into a Municipal Infraction. 

Staff are proposing amendments to § 22-408 to create a safe and welcoming business environment, especially in the downtown business district. Revisions are also necessary to ensure compliance with the Americans with Disabilities Act. In the status quo, individuals and their property are obstructing entrances to businesses. This impedes business activities and makes it difficult for people with disabilities to access goods and services. 

In drafting this proposed revision, staff exercised diligence and reviewed ordinances in the state of Montana and other states (including Missoula’s Ordinance on Pedestrian Interference, Whitefish’s Ordinance on blocking business entrances, and comparable ordinances in metropolitan areas in Iowa and Idaho.)

At its meeting on July 14, 2025, the City Council conducted a public hearing and approved the first reading of an ordinance amending BMCC Section 22-408 right-of-way obstructions and blocking access to entrances.

A red-lined and clean version of the amended curb cut ordinance is attached to this memo.

 

STAKEHOLDERS

Recommended by City staff, including the Code Enforcement Division and Legal. Staff presented the draft code to City Council on July 14, 2025. A legal ad was published for this public hearing. 

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.  

Attachments