Sec. 2-54. Adoption of administrative rules.

   The director, with the approval of the library board, shall have authority to adopt such administrative rules, including provision for library fines, as may be necessary for the conduct of the central book depository and the several branches, stations and bookmobiles. (Mont. Co. Code 1965, § 2-60.)

Division 10. DEPARTMENT OF TRANSPORTATION.*

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   *Editor’s note—2008 L.M.C., ch. 5, § 3, states: Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Sec. 2-55. Functions.

   The Department of Transportation must:

   (a)   furnish information and make recommendations to the Planning Board regarding the feasibility of implementing transportation aspects of master plans;

   (b)   coordinate and cooperate with other bodies and agencies regarding transportation;

   (c)   develop programs to implement transportation elements of the County general plan and area master plans;

   (d)   control, supervise, engineer, design, construct, operate, and maintain roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkways, and related facilities benefitting the County, including services relating to street cleaning, trees, plantings, and leaf collection;

   (e)   perform all public transit engineering and operational functions, including:

      (1)   mass transit;

      (2)   bus service;

      (3)   taxicabs;

      (4)   commuter rail service;

      (5)   limousine service;

      (6)   airparks, landing fields, and related functions; and

      (7)   transportation demand management programs;

   (f)   review and approve transportation elements of development plans, including storm drainage and paving plans; grade establishment plans; utility plans; pre-preliminary, preliminary and site plans; and construction permits for any work in public space;

   (g)   acquire and dispose of real property used (or intended to be used) for roads, streets, highways, bridges, culverts, storm drainage systems, and related facilities; and

   (h)   operate and maintain public parking facilities under Chapter 60; enforce parking regulations; manage the parking enterprise fund under Chapter 60, and remodel, restore, and renovate public parking facilities under Chapter 60 that will remain open during the work. (1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 8, § 1.)

   Editor's note—1996 L.M.C., ch, 4, §§ 3—5 of 1996 L.M.C., ch. 4, state:

   Sec. 3. Any responsibility or right granted by law, ordinance, regulation, contract, or other document to the Department of Transportation or to the Department of Facilities and Services is transferred to the Department of Public Works and Transportation.

   Sec. 4. Any regulation in effect on the effective date of this Act that implements a function transferred to the Department of Public Works and Transportation Section 1 of this Act continues in effect, but any reference in any regulations to the Department of Transportation or to the Department of Facilities and Services must be treated as referring to the Department of Public Works and Transportation. The transfer of a function under this Act does not affect the rights of a party to any legal proceeding begun before this Act took effect.

   Sec. 5. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and to the Director of that Department are reassigned to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively. Any reference in that Plan to the Department of Environmental Protection and to the Director of that Department must be treated as referring to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively."

Sec. 2-56. Non-merit positions.

   The following positions in the Department of Transportation are non-merit positions:

   (a)   Deputy Director of Operations;

   (b)   Transportation Policy Officer; and

   (c)   General Manager, Transit Services. (1996 L.M.C., ch. 4, § 1; 2002 L.M.C., ch. 23, § 1; 2007 L.M.C, ch. 5, § 1; 2008 L.M.C., ch. 5, § 1; 2019 L.M.C., ch. 5, § 1; 2023 L.M.C., ch. 28, § 1.)

   Editor’s note—2019 L.M.C., ch. 5, § 3, states: Transition - Certain Incumbents.

   (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position:

      (1) that employee retains all merit system rights; and

      (2) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

   (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position:

      (1) that employee retains all merit system rights upon successful completion of the probationary period; and

      (2) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

   2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

   2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:

   (a) that employee retains all merit system rights; and

   (b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

Sec. 2-57. Bus Advertising.

   (a)   The Chief Administrative Officer must issue a request for proposals for a contractor to sell, affix, maintain, and replace exterior and interior advertisements on and in public transit buses owned or operated by the Department of Transportation.

   (b)   The contract must allow advertisements to be placed on all public transit buses owned or operated by the Department. A contract must be executed and advertising must begin within 6 months after a request is issued.

   (c)   Only commercial advertisements, or County government notices that inform the public of a County program or service, may be placed on or in public transit buses owned or operated by the Department. County notices must comprise at least 10% of all exterior advertising space and 20% of all interior advertising space.

   (d)   An advertisement or notice must not:

      (1)   exceed 50 square feet; or

      (2)   cover a window of any bus.

   (e)   All revenue derived from bus advertising must be deposited in the Mass Transit Facilities Fund. (2004 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)

   Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Sec. 2-57A.* Fees and Charges.

   All fees, charges, and fares for any transportation or transportation-related service or product provided by the Department must be set by Council resolution adopted after a public hearing and approved by the Executive, unless any law expressly requires a different process. If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect. (2004 L.M.C., ch. 16, § 1.)

   *Editor's note—2004 L.M.C., ch. 4, § 1, added Sec. 2-57, Bus Advertising. Subsequently, 2004 L.M.C., ch. 16, § 1, added Sec. 2-57, Fees and Charges, which has been editorially changed to Sec. 2-57A. 2004 L.M.C., ch. 16, § 2, states in part: Any fee, charge, or fare in effect when this Act takes effect [July 22, 2004] must remain in effect until amended by Council resolution as provided in Section 2-57, as amended by Section 1 of this Act.

Division 11. Department of Recreation.