Bozeman, MT Noise from Specific Sources: Bar & Nightclub Noise (2026)
Key Facts
- Governing provision
- § 16.02.050.B.2, nuisance building or place
- Names bars or nightclubs
- No, reaches any building or place
- Lead agency
- Department of Community Development
- Owner abatement window
- 30 days after posting and mailing
- Hearing demand
- Within seven calendar days of receiving notice
- City abatement charges
- 25 percent overhead plus $200.00 penalty
Summary
In the City of Bozeman, Montana, a building or place operated in a way that produces repeated disruptive activities, including loud noises in late night or early morning hours, is on the list of conditions the city can declare a public nuisance. The Department of Community Development leads abatement.
B.The following may be declared to be public nuisances: ... 2.Any building or place which has been operated or maintained in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noises (particularly in late night or early morning hours), traffic violations, or police detentions and arrests.
Full Breakdown
Bozeman Municipal Code § 16.02.050.B.2 lists, among conditions the city can declare public nuisances, any building or place that has been operated or maintained in a manner that has resulted in repeated disruptive activities. The printed list includes disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, public urination, assaults, acts of vandalism, illegal parking, and loud noises, with the parenthetical "(particularly in late night or early morning hours)." The provision names no bar or nightclub and reaches any building or place; a venue that produces this pattern falls within its wording.
The process sits in Chapter 16, Article 2. The Department of Community Development has primary responsibility for abatement (§ 16.02.060). After a complaint it inspects the property, and summary abatement without notice is reserved for cases where the public health, safety or welfare is in immediate danger (§ 16.02.070). Otherwise the department serves written notice on the titled owner and any lienholder (§ 16.02.080). The owner has 30 days after posting and mailing to abate or show that no nuisance exists by filing a written statement, and extra time is available on written application within the 30 days (§ 16.02.090). Within seven calendar days after receiving notice, the owner or occupant can demand a hearing before the City Commission (§ 16.02.100).
When the city abates, costs include a 25 percent overhead charge and a $200.00 civil penalty for each nuisance abated. A later abatement within two consecutive calendar years on property owned by the same person adds a civil penalty of 50 percent of the abatement cost, with a minimum of $50.00 (§ 16.02.140).
Noise itself is policed by Article 6. Section 16.06.050.A.6 makes it unlawful to make excessive or unusually loud noise, or noise so harsh, prolonged, unnatural or unusual in time and place as to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity.
Violations & Fines
A place declared a public nuisance and left unabated after the notice period is abated by the city at the owner's expense, with a 25 percent overhead charge and a $200.00 civil penalty for each nuisance abated, and the amount can be entered in the city liens docket as a lien against the property. Separately, a first offense under the noise article is punishable by a fine of not more than $500.00 or six months in the county jail or both (§ 16.06.100.B.1).
Frequently Asked Questions
Does Bozeman have a closing time or decibel cap for bars?
Who investigates a noise complaint about a venue?
How long does an owner have to fix a declared nuisance?
Can an owner contest the nuisance declaration?
Sources & Official References
Other rules in Bozeman
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