TITLE 5

 

POLICE REGULATIONS

 

 

Subject                                                                    Chapter

General Offenses............................................................. 1

Unnecessary Noise .......................1A

Animal Control................................................................. 2

Animals And Fowl....................................................... 2A

Dogs........................................................................... 2B

Minors; Curfew................................................................. 3

Firearms........................................................................... 4

 

 

 

 

 

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CHAPTER 1

 

GENERAL OFFENSES

 

 

 

SECTION:

 

 

5-1-1:

5-1-2:

5-1-3:

5-1-4:

5-1-5:

5-1-6:

5-1-7:

5-1-8:

5-1-9:

 

Adoption Of State Criminal Code Collecting Crowd

Disorderly Conduct Expectorating Littering

Aggressive Solicitation

Interference With Fire Alarm System Hindering Firefighting Operations Weapons On Public Property

 

 

 

 

 

5-1-1:               ADOPTION OF STATE CRIMINAL CODE: Except insofar as

the application thereof is clearly impractical  or  inappropriate, in view of the context of purposes or penalty as provided, all of the  definitions, requirements, regulations, prohibitions,  provisions  and sections of the Montana criminal code  of  19731 ,  as amended,  are  hereby  adopted by the town. Any and all violations thereof shall be considered violations of this chapter, and each such violation shall subject the violator thereof to penalty provisions under this chapter if preceded hereunder. (Ord., 10-2-2007)

 

 

 

5-1-2:

 

A.

 

COLLECTING CROWD:

 

It shall be unlawful for any person to deliver an address or lecture, or make a speech, or cause a crowd to gather for any of said purposes on any of the streets, avenues, alleys, sidewalks or public grounds within the town without having first made written application to and obtained a written permit from the council or mayor for the use of the street, avenue, alley, sidewalk or public ground so to do. Said application shall be in writing, signed by the applicant, and shall set

 

 

 

 

 

1. MCA45-1-101 et seq.

 

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forth his residence, his address, and state the name of the applicant and whereat on such street, avenue, alley, sidewalk or public ground the applicant desires permission for said purpose, and the subject or subjects of the lecture or speech to be delivered.

 

B.  The council  or mayor, respectively,  may refuse to grant such permis­ sion whenever in their judgment it  would  be to the best interest  of  the public, or public welfare or public safety so to do. (Ord. 154, 3-4-1918)

 

 

  1. DISORDERLY CONDUCT: It is unlawful and a misdemeanor to act as follows: (Ord. 2008-5, 9-2-2008)

 

  • Loitering: To wander, idle or loiter on any parking lot, or on the grounds of any drive-in restaurant, trailer courtortrailerpark, whether in an automobile or not, without lawful business with the owner or occupant of saidplaces.

 

  • Use Of Private Parking Lot: To park any automobile or other vehicle, whether attended or not, upon any privateparkinglot intended forthe employees, customers, clients or patrons of any professional, business, commercial or industrial establishments when such parking lot is posted at the entrance thereof in a conspicuous manner conveying the information to the public that such parking lotis

reserved for such employees, customers, clients and patrons of said professional, business, commercial or industrial establishment. (1972 Code; amd. Ord., 10-2-2007)

 

 

  1. EXPECTORATING: It shall be unlawful for any person to expectorate on any sidewalk, hallway of any office or public

building, floor or public conveyance or stairway of  a public or office building in the town. (Ord. ch. 23, sec. 20)

 

  1. LITTERING: It shall be unlawful for any person to  throw, dump or deposit or cause to be deposited any garbage or

refuse, waste or litter on the streets, alleys, public or private property in the town. (Ord. 1011, 8-5-1970)

 

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  1. AGGRESSIVE SOLICITATION: Aggressive solicitation within the town limits by any person or persons is an unlawful act

and is a misdemeanor. "Aggressive solicitation" is defined as begging for or soliciting money, alms, or property on the streets, alleys, public rights of  way, sidewalks, or any other public places, or the  entranceway  to  any office, building, residence, or structure. (Ord., 10-2-2007)

 

 

 

5-1-7:

 

A.

 

INTERFERENCE WITH FIRE ALARM SYSTEM:

 

It shall be unlawful and a misdemeanor for any person to knowingly  or purposely activate a fire alarm system except when a fire actually exists or is reasonably believed to exist, an alarm of fire is given or with the permission of the town fire chief, assistant  town fire chief, or a town fireman.

 

 

B.     It  shall be unlawful and a misdemeanor  for any person  to knowingly  or purposely destroy, damage or tamper  with any fire alarm system  or component of a fire alarm system without the authorization of the owner. (Ord. 2008-5, 9-2-2008)

 

 

5-1-8 :              HINDERING FIREFIGHTING OPERATIONS:

 

  • It shall be unlawful and a misdemeanor to knowingly or purposely interfere with or hinder any town officer orfiremaninthe performance of his duty at, going to, or returning from anyfire, or while such officer or fireman is attending to any of his duties as a member of the firedepartment.

 

  • It shall be unlawful and a misdemeanor for any person to knowingly, purposely, or negligently drive any motorized vehicle across or over any hose used for firefighting purposes. (Ord. 2008-5,9-2-2008)

 

 

5-1-9  :              WEAPONS ON PUBLIC PROPERTY:

 

  • Weapons Prohibited: No person shall wear, bear or otherwise carry onto public property within the town, including town buildings and curtilages thereof, whether concealed or unconcealed, any chemical spray device such as "mace" or "pepper spray", any explosive device as defined by statute, orany knife definedas concealedweaponry by Montana Code Annotated section45-8-315.

 

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  • Exceptions: This section shall not applyto:

 

  1. County, town, state and United States law enforcementofficers.

 

  1. Persons specifically authorized by the district court judge,justices of the peace and authorized law enforcement to carry or bear any of the items set forthherein.

 

  • Penalty: Violation of this section is a misdemeanor and is punishable by a fine of up to five hundred dollars ($500.00)and/orsix(6) months in jail. (Ord.,4-4-1995)

 

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CHAPTER 1 GENERAL OFFENSES

ARTICLE A. UNNECESSARY NOISE

 

 

 

SECTION:

 

 

5-1A-1:

5-1A-2:

5-1A-3:

 

 

 

 

5-1A-1:

 

Purpose

Noises Prohibited Use Of Sound Trucks

 

 

 

PURPOSE: It is found and declared that:

 

 

  • The making and creation of loud, unnecessary or unusual noises within the limits of the town is a condition whichhasexistedfor some time and the extent and volume of such noises areincreasing.

 

  • The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural in their time, place and use, affect and are a detriment to

public health, comfort, convenience, safety, welfare and prosperity of the residents of the town.

 

  • The necessity in the public interest for theprovIsIonsand prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety,welfare and prosperity and the peace and quiet of the town andits inhabitants. (1972Code)

 

 

5-1A-2:            NOISES PROHIBITED: The following acts, among others, are declared to be loud, disturbing and unnecessary noises in

violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:

 

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  • Horns, Signaling Devices: The sounding of any horn or signaling device of any automobile, motorcycle or other vehicle  on any street  or public place of the town, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device  for  an unnecessary and unreasonable period of time.

 

  • Music And Sound Players: The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listenersthereto. The operation of any such set, instrument,phonograph,

machine or device between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at the distance of  fifty feet  (50')  from the building,  structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

 

  • Loudspeakers, Amplifiers For Advertising: The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifieror other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

 

  • Yelling, Shouting: Yelling, shouting, hooting, whistlingor singing on the public streets, particularly between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence, or of any persons in thevicinity.

 

  • Animals, Birds: The keeping of any animal or bird, which by causing frequent or long continued noise, shall disturb the comfortor repose of any persons inthe vicinity.

 

  • Exhausts: The discharge into the open air of the exhaustofany steam engine, stationary internal combustion engine,ormotor vehicle except through a muffler or other device which will effectively prevent loud or explosive noisestherefrom.

 

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  • Defect In Vehicle Or Load: The use of any automobile,motorcycle,or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or othernoise.

 

  • Loading, Unloading, Opening Boxes: The creation of a loud and excessive noise in connection with loading or unloadingany vehicle or the opening and destruction of bales, boxes, cratesand containers. (1972Code)

 

  • Construction Or Repairing Of Buildings: The construction, excava­ tion, demolition, alteration or repair of any improvement(s) to real property is only allowed during the hours of seven o'clock (7:00)

A.M. to eleven o'clock (11:00) P.M. every day of the week through­ out the year, except in cases of emergency in the interest of private  or public property and/or public health or safety as approved by the town's director of public works or said director's agent. (Ord., 10-2-2007)

 

  • Schools, Courts, Churches, Hospitals: The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use, which unreasonably inter­ feres with the workings of such institution, provided, conspicuous signs are displayed in such streets indicating that the same is  a school or court street.

 

  • Hawkers, Peddlers: The shouting and crying of peddlers,hawkers and vendors which disturbs the peace and quiet of the neighbor­ hood.

 

  • Drums: The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale. (1972Code)

 

 

5-1A-3:            USE OF SOUND TRUCKS:

 

  • No person shall use or cause to be used a soundtruckwithits sound amplifying equipment in operationfornoncommercial purposes in the town before filing a registration statement with the clerk in writing. The registration statement shall state the name and address of applicant, license number and number of motor vehicle to be used by applicant, and the purpose for which the sound truck will beused.

 

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  • Upon the filing of the registration statement the clerk shall issue a permit to the applicant. Said permit shall be in possession of the person operating the sound truck at all times and shall be promptly displayed and shown to any policemen upon request. (1972 Code)

 

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CHAPTER 2 ANIMAL CONTROL

ARTICLE A. ANIMALS AND FOWL

 

 

 

SECTION:

 

 

5-2A- 1:

5-2A-  2:

5-2A- 3:

5-2A-  4:

5-2A- 5:

5-2A-  6:

5-2A- 7:

5-2A-  8:

5-2A-  9:

5-2A-10:

5-2A-11:

5-2A-12:

5-2A-13:

5-2A-14:

5-2A-15:

 

 

 

 

5-2A-1:

 

Definitions

Running At Large Prohibited

Animal Catcher; Impound Services; Notice Impounding Costs; Records

Sale Of Impounded Animals Trespass On Private Property Racing Animals

Prohibition Of Certain Animals Horse Pasturing Exception Residence Restriction Insanitary Conditions

Fowl Prohibited At Large Diseased Animals; Fowl Unnecessary Noise Penalties

 

 

 

DEFINITIONS: Definitions as used in this chapter:

 

 

 

HOUSEHOLD PETS:

 

 

 

 

 

 

 

 

KENNEL:

 

Any domesticated animals, such as dogs, cats, rabbits, gerbils, or other small  mammals  that are usually kept within a residence, cage, or kennel. Hoofed animals shall not be included in the definition of household pet Household pets shall include any caged birds, and shall not include turkeys, ducks, chickens,  geese, pigeons, or any game birds defined by Montana law.

 

An establishment for the breeding and/or board­ ing of dogs.

 

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PASTURE:

 

 

 

PEN/CORRAL:

 

A completely fenced in area covered with herbaceous plants, either native or introduced, for the grazing of livestock.

 

A small fenced area used or built to confine or work horses, cattle, and/or  other  hoofed animals. (Ord., 9-5-2006)

 

 

 

5-2A-2:            RUNNING AT LARGE PROHIBITED: No horses, mules,

swine, sheep, cattle or any cloven hoofed animal whatsoever, shall be permitted to run at large or herded within the corporate limits of the town, except when permission is obtained from town hall, under penalty of a fine not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00) for each and every animal so permitted to run at large or herded, together with the costs of impounding and the expense of sustenance and shelter for such animal or animals when impounded as hereinafter provided, to be paid by the owner of the animals or the person having charge, care or keeping thereof, severally and respectively. (Ord., 11-6-1989)

 

 

5-2A-3:            ANIMAL CATCHER; IMPOUND SERVICES; NOTICE: The

town shall use the contractual services of an animal catcher and establishment for impounding animals as determined by the mayor with the consent of the town council. The animal catcher and establishment providing impound services shall be paid their reasonable costs and fees by the impounded animal owner as specified in a written  contract  with  the town. The animal catcher shall give reasonable  notice of  the impoundment  if the animal's owner is known. If the owner of an impounded animal is not known, reasonable notice shall be posted in three (3) prominent business establishments in town such as the post office, a grocery store, town hall, a bank, or the like. (Ord. 2008-5, 9-2-2008)

 

 

5-2A-4:            IMPOUNDING COSTS; RECORDS: Prior to any animal being released   to   its   owner   or   agent   of   the   owner,   the animal

catcher and the establishment providing impound services shall be paid all costs and fees incurred in the impoundment of the animals as specified  in the written contract contemplated in section 5-2A-3 of this article. The establishment providing impound services shall collect, in good faith, the costs and fees incurred by the animal catcher and deliver  said monies  to  the town clerk in trust for the animal catcher. The animal catcher and establishment providing impound services shall keep timely and accurate records  of  all  animals  impounded  and costs incurred.  These  said records

 

5-2A-4                                                                                                              5-2A-8

 

shall be delivered to the town upon written  demand.  (Ord.  2008-5, 9-2-2008)

 

 

5-2A-5:            SALE OF IMPOUNDED ANIMALS: Animals in impound may be   sold   to   pay    the        costs                      of             the   animal                        catcher       and  establishment providing impound services, with any excess mo.iies being paid to the town clerk. The basis and process for the sale of  such impounded animals shall be set by resolution of the town council. (Ord.

2008-5, 9-2-2008)

 

 

5-2A-6:            TRESPASS ON PRIVATE PROPERTY: If any animal or

animals hereby prohibited from running at large, or being herded within the corporate limits, shall be found trespassing upon the premises of another, the owner of or any person occupying such premises may deliver to the chief of police any such animal or animals and the same may be dealt with as provided in this article. (Ord. 52, 6-5-1893; amd. Ord. 2008-5, 9-2-2008)

 

5-2A-7:            RACING ANIMALS: It shall be unlawful for any person, within the town limits, to race any team or single animal or

animals, by driving, riding or otherwise, in trials  of speed for stakes,  or for  no stakes, or in any manner for anything or otherwise. Nothing in this  section, nevertheless, shall be construed as to prevent the council at such times as they may see fit, and deem best, by a resolution duly entered on  the minutes  of the town, to allow racing on any of the streets of the town on  a day and time and between certain hours to  be specially  designated  in said resolution, and provided further that not more than a certain number of days in any one year shall be so specially set aside for such racing within  the town limits. (Ord. 95, 7-1-1901; amd. Ord. 2008-5, 9-2-2008)

 

 

5-2A-8:            PROHIBITION OF CERTAIN ANIMALS:

 

  • Except for household pets and days of rodeos and parades, itshall be unlawful for any person to keep or maintain animals such as any hoofed animals, cattle, horses, goats, pigs, sheep, llamas or other bovine or equine livestock. Up to twenty (20) adult chickens or any combination of adult fowl such as turkeys, ducks, chickens, pigeons, geese, other game birds, may be allowed within the corporate town limits. Household pets areallowed.

 

5-2A-8                                                                                                            5-2A-13

 

  • All animals not specifically allowed in subsection Aofthissection and section 5-2A-9 of this article are prohibited within the corporate town limits. (Ord., 9-5-2006; amd. Ord. 2008-5,9-2-2008)

 

 

5-2A-9:            HORSE PASTURING EXCEPTION: As an exception to section  5-2A-8 of  this  article,  horses  may be allowed   within

the corporate town limits if they are  kept  in a pasture  not  less  than  one-half (1/2 ) acre per animal to prevent  the  accumulation  of  manure.  To  fall  under this  exception,  horse  pasturing  must  have  been  in  place  prior  to  January 1,

2006. Horses must be kept in a reasonably maintained pasture and be enclosed by a reasonably maintained fence. This exception immediately ceases upon the sale of the horse pasturing property or abandonment  of such use. Horse pasturing use shall be presumed abandoned if any pasture is not used for pasturing horses for a period of one year or more. (Ord. 2008-5, 9-2-2008)

 

 

5-2A-10: RESIDENCE RESTRICTION: It is hereby declared to be a nuisance, and it shall be unlawful to keep any animals, fowl or

birds, wild or domestic, within twenty five feet (25') of any building, school, church, hospital or any residence or dwelling house or other buildings used for the habitation of human beings. (1972 Code; amd.  Ord.  2008-5, 9-2-2008)

 

5-2A-11: INSANITARY CONDITIONS: It is hereby declared to be a nuisance, and it shall be unlawful to keep or permit to be kept

on any premises any wild or domestic animals, fowl or birds, in a foul, offensive, obnoxious, filthy or insanitary condition. (1972 Code; amd. Ord. 2008-5, 9-2-2008)

 

 

5-2A-12:     FOWL PROHIBITED  AT LARGE: It is  hereby declared to be a nuisance and it shall be unlawful to allow or permit any fowl

or birds to run at large upon any public street, avenue, alley or place, or to allow or permit the same to run at large or trespass upon any private  property. (1972 Code; amd. Ord. 2008-5, 9-2-2008)

 

 

5-2A-13:          DISEASED ANIMALS; FOWL: It is hereby declared to be a nuisance, and it shall be unlawful to allow or permit upon any

street, avenue, alley, public place or upon any unenclosed premises any animal  or  fowl  that  shall be suspected  of,  or  that  shall be  known  to have

 

5-2A-13                                                                                                         5-2A-15

 

been exposed to, or that shall. be known to have any disease which may be communicated to human beings, animals or fowl. (1972 Code; amd. Ord. 2008-5, 9-2-2008}

 

 

5-2A-14: UNNECESSARY NOISE: It is  hereby  declared  to  be  a nuisance, and it shall be unlawful to keep, maintain or permit

on any lot or parcel of land, any animals or fowl, which by any sound or cry shall disturb the peace and comfort of any neighborhood,  or interfere with any person in the reasonable and comfortable enjoyment of life or property. (1972 Code; amd. Ord. 2008-5, 9-2-2008)

 

5-2A-15: PENALTIES: Any person violating this article  has  acted  unlawfully and is guilty of a misdemeanor. Except as

otherwise stated in any particular section in this article, a person  who violates any provision in this article shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed  six  (6) months, or both such fine and imprisonment for each misdemeanor offense. Each day a person is in violation of this article shall be construed as a separate misdemeanor offense. (Ord. 2008-5, 9-2-2008)

 

 

 

 

5-2B-1                                                                                                             5-2B-2

 

CHAPTER 2 ANIMAL CONTROL

ARTICLE  B. DOGS

 

 

 

SECTION:

 

 

5-2B-  1:

5-2B-  2:

5-2B- 3:

5-2B- 4:

5-2B-  5:

5-2B-  6:

5-2B-  7:

5-2B- 8:

5-2B-  9:

5-2B-10:

5-2B-11:

 

License Required; Fees Tags

Records Kept

Tags Required; Dogs Impounded Female Dogs

Dogcatcher To Impound Rabies Vaccination Violation

Vicious Dogs Nuisance Dogs Running At Large

 

 

 

 

 

5-2B-1:            LICENSE REQUIRED; FEES: It is hereby provided that no person shall own, keep, harbor or have in his possession any

dog within the town without first procuring a license therefor from the town treasurer, and paying therefor to the treasurer such sum as is hereinafter provided for, as follows: Each person owning, keeping, harboring  or having in his possession any dog within the town shall secure therefor a license for that purpose from the treasurer, and pay the treasurer therefor the sum of five dollars ($5.00) for each male which has been altered or spayed female over the age of six (6) months. The yearly fee shall be ten dollars ($10.00)  for each unaltered male or unspayed female. (Ord., 9-1-1987)

 

 

5-2B-2:            TAGS: Any person desiring to so own, keep, harbor  or have  in his  possession  any such  dog or dogs  shall first pay  to the

treasurer the appropriate sum of money, and upon the payment of said sum as required herein the said town treasurer shall issue a brass or other metal tag with the serial number  and the words  "Dog License No.                    " and the  year  within  which  issued  to  the  person  paying  such  license  tax, as

 

5-2B-2                                                                                                              5-2B-6

 

 

above mentioned. This tag must, by the owner, be attached to a collar and  be worn at all times by the said licensed dog. If the tag is lost from the dog collar and the owner can prove that the tag was current, then in that event there is no violation of this section. Upon request of the  town  treasurer during regular office hours, all lost dog tags may be replaced at no charge. (Ord., 3-3-1990; amd. Ord., 10-2-2007)

 

 

5-2B-3:            RECORDS KEPT: It shall be the duty of the treasurer  to keep a record, in a book suitable for that purpose, of all licenses so

issued, to whom and when issued, the amount paid therefor, and the said license shall then be good for one year from the first day of January, in the year dated, until the first day of January in the following year. (Ord. 1003, 3-22-1966)

 

 

5-2B-4:            TAGS REQUIRED; DOGS IMPOUNDED 1: It shall be the duty

of the person designated by the town as dogcatcher, to  take up and keep any dog not wearing a tag, as above provided, and keep and detain the same for seventy two (72) hours with  an  establishment designated by the town to provide impound services for the town. If an impounded dog is not claimed and tag produced therefor, then the dog shall be euthanized in a humane manner and buried in a proper manner. Prior to the release of any dog from impound, the owner of said dog shall be responsible to reimburse the town for all costs incurred by the town in catching, impounding, and euthanizing said dog. (Ord. 2008-5, 9-2-2008)

 

 

5-2B-5:            FEMALE DOGS: It shall be unlawful for any person owning, keeping, harboring or having in his possession, any female

dog that has not been spayed or medically treated to render such  female  dog incapable of reproduction, to allow such female dog to  attract  male dogs, either running at large or  under circumstances  when the female  dog is confined but still attracting male dogs, causing any disturbance of the peace. (Ord., 12-10-1976)

 

 

5-2B-6:            DOGCATCHER TO IMPOUND: It shall be the duty of the town's designated dogcatcher to take up and keep any dog

not spayed or neutered that is running at large during mating season or any dog that is being inhumanely treated and detain the same for seventy two

(72)  hours;  when,  if  not claimed and a tag produced  therefor, then the dog

 

1. See article A of this chapter for additional impoundment provisions.

 

5-2B-6                                                                                                             5-2B-9

 

 

shall be euthanized in a humane manner and buried in a proper manner. As a condition to release of any such impounded dog, the owner  must reimburse the town at the rate of all actual costs incurred by the town per day. The fee is due and payable for the release of the animal from the establishment providing impound services. Any dog that is impounded, that does not have a current dog license issued by the town, must be licensed prior to release from the establishment providing impound services. If the owner cannot verify that the animal has had a rabies shot, this will be required prior to releasing the animal. All license fees shall be paid prior to the release of the dog. (Ord. 2008-5, 9-2-2008)

 

 

5-2B-7:            RABIES VACCINATION: No dog licenses shall be issued unless the owner thereof shall exhibit to the town or its

officers or agents selling dog licenses, that such dog has been rabies immunized by a licensed veterinarian. Before any dog license  may  be issued or renewed, the owner of such dog must exhibit evidence that said dog has been rabies immunized and such evidence must indicate that the immunization was carried out not more than two (2) years before the issuance of such license. (Ord. 1003, 3-22-1966; amd. Ord., i 0-2-2007)

 

 

5-2B-8:            VIOLATION: Any person owning, keeping, harboring or having in his possession any dog or dogs contrary to the

provisions of section 5-2B-1 of this article and without having secured an appropriate license therefor, shall be deemed guilty of a misdemeanor, and subject to penalty as in this code provided. Provided, however, that this article shall not be construed to apply to persons other than residents of the town. The fine to be assessed to persons owning dogs which are not in compliance with this article shall be:

 

  • First offense: Fifty dollars($50.00);

 

  • Second offense: One hundred dollars ($100.00);and

 

  • Third offense: Two hundred dollars ($200.00). (Ord., 4-4-2006, eff. 5-5-2006)

 

 

5-2B-9:            VICIOUS DOGS: A "vicious dog" is defined as  one  which bites or attempts to bite any human  being without provocation

or which harasses, chases, bites, or attempts to bite any other animal as defined in Montana Code Annotated section 7-23-2109(3). The owner or owners of any vicious dog shall be fined a minimum of two hundred fifty

 

5-2B-9                                                                                                            5-2B-10

 

dollars ($250.00) and a maximum of five hundred dollars ($500.00), six (6) months in the city jail, or both such fine and  imprisonment.  Upon  the  signing of a sworn complaint before the town judge, an order may be issued requiring the immediate confinement of a vicious dog and the owner or owners thereof are responsible to immediately confine said animal  or  provide for the confinement at their expense, and failure  to  do  so  shall result in a one hundred dollar ($100.00) per day continuing fine for such violation. In this connection, the dog which has bitten  any  human  being must be held for the requisite period of time for detection of possible rabies, and such confinement must be at the owner's expense; the failure of said owner or owners to provide for this confinement can result in the same imposition of a two hundred fifty dollar ($250.00) minimum fine and five hundred dollar ($500.00) maximum fine or six (6) months in jail, or both, as above provided. Upon a second conviction herein  the  court,  at  its discretion, in lieu of other sanctions that may be imposed, may choose to require that the vicious dog be destroyed. The court, if satisfied that the vicious dog will be removed from Granite County, may permit such  removal in lieu of other sanctions as long as the court is satisfied that the removal is permanent. (Ord., 4-4-2006, eff. 5-5-2006; amd. Ord., 10-2-2007)

 

 

5-2B-10: NUISANCE DOGS:

 

  • A "nuisance dog" is defined as a dog located within the corporate  town limits which barks continually causing an annoyance or disturbs the peace of at least two (2) persons who are owners  or any invitees of any property, each being separate lots, within town, and the said persons are within three (3) town blocks  of  the  said  dog. In lieu of the stated requirement for two (2) persons on separate  property  lots to be annoyed or disturbed, there may only be one person who is annoyed or disturbed if the annoying barking is corroborated by any law enforcement officer.

 

  • A "nuisance dog" is also defined as a dog locatedwithinthe corporate town limits which trespasses on  real property,  damages any property, or chases any vehicle or person. The chasing of other animals is covered under the town's "vicious dog" ordinance.

 

  • 11 shall be unlawful and a misdemeanor to own or possess  a nuisance dog. The owner(s) or possessor(s) of a nuisance dog shall be subject to a maximum fine of one hundred dollars  ($100.00)  for the first offense, two hundred dollars ($200.00) for the  second offense, and so forth with a maximum fine of five hundred dollars ($500.00) for a fifth and all subsequent convictions.  Upon  a second or subsequent conviction of owning a nuisance dog, the owner or

 

5-28-10                                                                                                          5-28-11

 

 

owners shall also be subject to up to six (6) months in jail in addition to the stated fines. (Ord. 2009-2, 12-1-2009)

 

 

5-2B-11:          RUNNING AT LARGE:

 

  • It is henceforth illegal for any person or persons to allow a dog or dogs, under such person's ownership or control, to roam in the Philipsburg downtown business area which encompasses Broadway Street from the east end of the 200 block of East Broadway Street to the west end of the 200 block of West Broadway Street and to the alleys north and south of said section of Broadway; the school property, Schnepel Street running adjacent to the school property on the east, and the school parking lot; and the hospital property including the parking areas, unless said dog or dogs are on a leash under the control of a capable person or located and confined in a vehicle; and further, this law does not apply to seeing eye dogs forthe blind, crippled anddisabled.

 

  • It is henceforth further unlawful for any person to allow a dog under such person's ownership or control to run at willanywherein the town when running in packs with other dogs of four (4) or more such dogstogether.

 

  • Any person or persons in violation of this section shall be fined the sum of fifty dollars ($50.00) for the first convictionofsuch offense and the sum of one hundred dollars ($100.00) for the second convic­ tion and the sum of two hundred dollars ($200.00) for the third and further convictions thereof. (Ord., 4-4-2006, eff. 5-5-2006; amd. Ord., 10-2-2007)

 

 

 

 

5-3-1                                                                                                                   5-3-2

 

 

CHAPTER 3

 

MINORS; CURFEW

 

 

 

SECTION:

 

5-3-

1:

Short Title

5-3-

2:

Purpose

5-3-

3:

Scope

5-3-

4:

Definitions

5-3-

5:

Curfew For Minors

5-3-

6:

Exceptions

5-3-

7:

Curfew Times For Minors

5-3-

8:

Duty Of Parent

5-3-

9:

Duty Of Law Enforcement Officers

5-3-10:             Penalty

 

 

 

 

  1. SHORT TITLE: This chapter shall be known and may  be cited as the CURFEW CHAPTER. (2008 Code)

 

 

  1. PURPOSE: The purpose of this chapter is to establish reasonable restrictions upon the time of day during which

minors shall be allowed on any of the streets or other public places of the town. Such restrictions are enacted to further the general welfare of the community and specifically to further the following community interests:

 

  • The protection of the younger children in the town from each other  and from other persons on the street during the nighttime hours;

 

  • The enforcement of parental control of, and responsibility for, their children;

 

  • The protection of the public from nocturnal mischiefbyminors;

 

 

5-3-2                                                                                                                   5-3-4

 

  • Prevent exposure to, and the possibility of being led into involvement with, crimes of violence, destruction and/or self-destruction. (2008 Code)

 

 

  1. SCOPE: The provisions of this chapter  are intended  to apply to all minors under the age of eighteen (18) years and to any

parent of any minor person under the age of eighteen (18) years. {2008 Code; amd. Ord. 2008-5, 9-2-2008)

 

 

 

5-3-4:

 

 

CURFEW:

 

DEFINITIONS:    As    used    in    this     chapter,    the    following definitions shall apply:

 

A regulation establishing restrictions upon the time of day during which minor persons may appear on any of the streets or public places of the town.

 

 

 

LAW ENFORCEMENT FACILITY:

 

MAJORITY:

 

 

MASCULINE GENDER: MINOR:

 

PARENT:

 

 

 

 

 

 

 

PERSON: PUBLIC PLACE:

 

The offices of the town police department or the Granite County sheriff's office.

 

This denotes a person has reached the age of eighteen (18) years.

 

Includes the feminine gender.

 

Any person who has not attained the age of eighteen (18) years.

 

Any person having legal custody of a minor:

 

  • As a natural or adoptive parent;

 

  • As a legal guardian;or

 

  • Is a person to whom legal custody has been given by order of thecourt.

 

Any human being, male or female.

 

Any    park,    playground,     schoolyard     or    other publicly owned property.

 

5-3-4                                                                                                                  5-3-7

 

 

 

SINGULAR NUMBER: STREET:

 

TOWN:

 

Includes the plural number.

 

Any public street, highway, sidewalk, alley or other public way within the town.

 

The local government of the town, and all of the area located within its geographical boundaries. (2008 Code; amd. Ord. 2008-5, 9-2-2008)

 

 

 

  1. CURFEW FOR MINORS: A curfew restricting the time of day during which minor persons may appear on any of the streets

or in any of the public places of the town, is hereby established.  No minor, as specified in section 5-3-7 of this chapter, shall be in or  upon any  street  or public place within the town during the hours provided in section 5-3-7 of this chapter. (2008 Code)

 

 

  1. EXCEPTIONS: In the following exceptional  cases, a minor in or upon any street or public place within the town, during the

hours provided in section 5-3-7 of this chapter, shall not be considered in violation of this chapter when:

 

  • Accompanied by a parent of such minor. (2008Code)

 

  • Accompanied by a person of the age of majority whohasclear written authorization by a parent of such minor to take said parent's place in accompanying said minor for a designatedperiod oftime and purpose within a specified area. (Ord. 2008-5,9-2-2008)

 

  • In the performance of an errand or duty directed by a parent of such minor.

 

  • Attending a school or religious activity. This exception will apply for one-half hour after the completion ofsuch activity.

  • Engaged in legally recognized employment.Thisexceptionwillapply for the period from one-halfhourbeforetoone-halfhour after work. (2008 Code)

 

 

  1. CURFEW TIMES FOR MINORS: Minors shall not be in or upon  any  street  or  public  place  between  the  hours  of  ten

o'clock   (10:00)   P.M.  and  five  o'clock   (5:00)   A.M.  except   on  Friday or

 

5-3-7                                                                                                                   5-3-9

 

Saturday nights or other nonschool nights for minors when such hours shall be between twelve o'clock {12:00) midnight and five o'clock {5:00) A.M. "Nonschool nights" as used in this section means that Philipsburg School District 1 is not in session the next day. (Ord. 2008-5, 9-2-2008)

 

 

  1. DUTY OF PARENT: It shall be unlawful for a parent of any minor to knowingly, purposely or negligently allow or permit

any such minor to go or be in or upon any street or public place within the town during any time of the day prohibited by section 5-3-7 of this chapter. (Ord. 2008-5, 9-2-2008)

 

 

5-3-9  :              DUTY OF LAW ENFORCEMENT OFFICERS:

 

  • Ascertain Name And Address Of Parent: Upon finding a minor in or upon any street or public place within the town in violation of anyof the provisions of this chapter, it shall be the duty of the attending law enforcement officer of the town to take the name of such minorand the name and address of the minor's "parent" as defined in section 5-3-4 of thischapter.

 

  • Detention Of Minor; Notice To Parents; Medical Treatment: The law enforcement officer shall detain the minor, and the parent shall immediately be notified to appear and take charge of such minor.  If the minor requires emergency medical treatment,  the  law enforcement officer shall arrange for such treatment.

 

  • Minor Turned Over To Parent: When a minor is apprehended for violation of the provisions of this chapter, the law enforcement officer shall turn the minor over to the minor's parent or parents. If a parent cannot be located, or fails to take charge of theminor, said minormay be entrusted to a relative, neighbor or other person who will, on behalf of the parent, assume responsibility of caring for the minor pending the availability or the arrival of theparent.

 

  • Written Report: The law enforcement officer shall file a written reportto the chief of police or his designee within twenty four (24) hours of the violation if criminal charges are to be made under this chapter. (2008Code)

 

5-3-10                                                                                                              5-3-10

 

 

5-3-10  :            PENALTY:

 

  • First Offense: Upon the first incident of violation of this chapter,written notice shall be given to a parent or guardian of the minor who is in violation of this chapter. Subsequent violation and conviction under this chapter shall result in a fine of twentyfivedollars($25.00).

 

  • Second Offense: For a second offense a fine of fifty dollars ($50.00) shall beimposed.

 

  • Third Offense: For a third offense a fine of one hundred dollars ($100.00) shall beimposed.

 

  • Fourth Offense: For a fourth offense a fine of two hundred dollars ($200.00) shall beimposed.

 

  • Fifth Offense: For a fifth offense a fine of four hundred dollars ($400.00) shall beimposed.

 

  • Sixth And Subsequent Offense: For a sixth and subsequent conviction a fine of five hundred dollars ($500.00) shall beimposed.

 

  • Cited In Youth Court: Minors as defined in section 5-3-4 of this chapter may be cited into youth court upon violation  of this  chapter  at the discretion of the police officer. (2008 Code)

 

 

 

5-4-1                                                                                                                   5-4-4

 

CHAPTER 4

 

FIREARMS

 

 

 

SECTION:

 

 

5-4-1:

5-4-2:

5-4-3:

5-4-4:

 

Definition Discharging Gun Minors

Rifle, Gun Club

 

 

 

 

5-4-1:               DEFINITION: The term "gun" within the meaning of this chapter shall be construed to mean and include air guns, air

rifles, pistols, revolvers and guns of any character fired by explosives. The singular number where used in this chapter shall include the plural, and the plural the singular. (1972 Code)

 

 

 

5-4-2:

 

Code)

 

 

DISCHARGING GUN': It shall be unlawful for any person to fire any gun within the corporate limits of the town. (1972

 

 

 

  1. MINORS: It is unlawful for a parent, guardian, or other person having charge or custody of a minor child under the age of

fourteen (14) years to permit the minor child to carry, use in public any firearms, except when the child is accompanied  by a person having charge or custody of the child, or under the supervision of a  qualified  firearms safety instructor or an adult who has been authorized by the parent or guardian. (Ord., 10-2-2007)

 

  1. RIFLE, GUN CLUB: This chapter shall not apply to any regularly established gun or rifle club or shooting gallery, the

location of which has previously been approved in writing by the chief of police, nor to any person specially licensed by the council to destroy pests, nor to officers in the discharge of their official duties. (1972 Code)

 

1. MCA §§ 45-8-343, 45-8-351.