TITLE 1

ADMINISTRATION

Subject Chapter

Philipsburg Town Code................................................ 1

Saving Clause................................................................ 2

Definitions..................................................................... 3

General Penalty............................................................... 4

M r................................................................................... 5

Town Council................................................................. 6

Town Officers And Employees.................................... 7

Town Clerk.................................................................. 7A

Town Treasurer........................................................... 7B

Town Attorney............................................................. 7C

Chief Of Police............................................................ 7D

Fire Chief.................................................................... 7E

Director Of Public Works............................................ 7F

Personnel' (Rep. by .Ord. 2008-5, 9-2-2008) 8

Town Court...................................................................... 9

Elections; Wards .........................1O

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CHAPTER 1

PHILIPSBURG TOWN CODE

SECTION:

1-1-1:

1-1-2:

1-1-3:

1-1-4:

1-1-5:

Title Acceptance Amendments

Code Alterations Interpretations

TITLE: Upon the adoption by the mayor and town council, this code is hereby dec!ared to be and shall hereafter

constitute the official code of the town1• This town code of ordinances shall be known and cited as the PHILIPSBURG TOWN CODE, and such code is hereby published by authority of the mayor and town council and shall be kept up to date as provided in section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal document. (2008 Code)

ACCEPTANCE: The town code, as hereby presented in published form, shall hereafter be received without further

proof in all courts and in all administrative tribunals of this state as the ordinances of the town of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title. (2008 Code)

AMENDMENTS: Any ordinance amending this code shall set forth the title, chapter and section number of the section or

sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by

1. MCA§ 7-5-107.

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ordinance of any part of this code. All such amendments or revisions by ordinance shall be forwarded to the codifiers and the said ordinance material shall be prepared for insertion in the proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of this code. (2008 Code)

CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any

section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the mayor and town council. The town clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the town clerk. Any person having in his custody an official copy of this code shall make every effort to maintain said code in an up to date and efficient manner. He shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the town clerk. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the town and shall be returned to the office of the town clerk when directed to do so by order of the mayor and town council. {2008 Code)

INTERPRETATIONS: In the determination of the prov1s1ons of each section of this code, the following rules shall be

observed:

Intent To Defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud anyperson.

Liability Of Employers And Agents: When the prov1s1ons of any section of this town code prohibit the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penaltyset forth. (1972 Code)

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CHAPTER 2

SAVING CLAUSE

SECTION:

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1-2-2:

1-2-3:

1-2-4:

Repeal Of General Ordinances

Public Ways And Public Utility Ordinances Court Proceedings

Severability

:Allgeneral

ordinances of the town passed prior to the adoption of this code are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropria tion ordinances; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; ordinances relating to the transfer or acceptance of real estate by or from the town; ordinances authorizing a zone change and/or annexation; ordinances authorizing a bond issue; and all special ordinances. (2008 Code)

1-2-2 : PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES: No

ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, services or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of the preceding section, excepting as the code may contain provisions for such matters, in which case this code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (2008 Code)

1-2-3 : COURT PROCEEDINGS:

Prior Acts: No new ordinance shall be construed or held to repeal a formerordinance,whethersuch former ordinanceisexpressly

1-2-3 1-2-4

repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect.

Scope Of Section: This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance.

Current Pending Actions: Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the town herein repealed and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the town under any ordinance or provision thereof in force at the time of the adoption of this town code. (2008 Code)

SEVERABILITY: If any provision of this code or the application thereof to any person, firm or corporation, or

circumstance is held invalid, the remainder of this code and the application of such provision to other persons, firms, corporations or circumstances shall not be affected thereby. (Ord., 10-2-2007)

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CHAPTER 3

DEFINITIONS

SECTION:

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1-3-2:

1-3-3:

Construction Of Words Definitions, General Catchlines

1-3-1:

B.

CONSTRUCTION OF WORDS:

Tense; Gender: Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto.

Ordinance: The word "ordinance" contained in the ordinances of the town has been changed in the content of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the town's ordinances is not meant to amend passage and effective dates of such original ordinances.

C. Shall/May: When used in this code, the word "shall" is mandatory and the word "may" is permissive. (2008 Code)

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1-3-2: DEFINITIONS, GENERAL: Whenever the following words or terms are used. in this code, they shall have such meanings

herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT: CODE:

COUNCIL:

COUNTY: EMPLOYEES:

INFRACTION:

KNOWINGLY:

LICENSE:

MISDEMEANOR:

NEGLIGENT:

A person acting on behalf of another.

The town code of Philipsburg and amendments thereto.

Unless otherwise indicated, the elected town council of the town.

The county of Granite, state of Montana.

Whenever reference is made in this code to a town employee by title only, this shall be construed as though followed by the words, "of the town of Philipsburg".

A civil offense, punishable by a civil penalty of not more than three hundred dollars ($300.00) for each violation, or if the infraction is a repeat offense, a civil penalty not to exceed five hundred dollars ($500.00) for each repeat viola tion.

Imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.

The permission granted for the carrying on of a business, profession or occupation.

Any offense deemed a violation of the provi sions of this code which is a lesser offense than a felony as defined by state law.

Imports a want of such attention to the nature of probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

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NUISANCE:

OCCUPANT:

OFFENSE:

OFFICERS:

OPERATOR:

OWNER:

PERSON:

Anything offensive or obnoxious to the health and welfare of the inhabitants of the town, or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.

Any act forbidden by any provision of this code or the omission of any act required by the provi sions of this code.

Whenever reference is made in this code to a town officer by title only, this shall be construed as though followed by the words "of the town of Philipsburg".

The person who is in charge of any operation, business or profession.

As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

Any natural individual, firm, trust, partnership, association or corporation in his or its own capacity or as administrator, conservator, executor, trustee, receiver or other representa tive appointed by the court. Whenever the word "person" is used in any section of this code prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners or members thereof, and such word as applied to corporations shall include the officers, agents or employees thereof who are responsible for any violation of said section.

PERSONAL PROPERTY:

Includes every description of money, goods, chattels, effects, evidence of rights in action and

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all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

RETAILER:

STATE:

STREET:

TENANT:

TOWN:

WHOLESALER:

WILFULLY:

WRITTEN, IN WRITING:

Unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

Unless otherwise indicated, shall mean the state of Montana.

Shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.

When applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

The town of Philipsburg, county of Granite, state of Montana.

The words "wholesaler" and "wholesale dealer" as used in this code, unless otherwise specifi cally defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.

May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his

1-3-2 1-3-3

proper mark. (1972 Code; amd. Ord., 10-2-2007)

1-3-3: CATCHLINES: The catchlines of the several sections of this code are intended as mere catchwords to indicate the content

of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (2008 Code)

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CHAPTER 4

GENERAL PENALTY

SECTION:

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1-4-2:

1-4-3:

1-4-4:

1-4-5:

1-4-6:

1-4-7:

1-4-8:

General Penalty

Incarcerated Individuals; Credit Allowed License

Application Liability Of Officers Jurisdiction

Judgment To Pay Fine; Lien Execution Of Fine; Imprisonment

1-4-1:

A.

GENERAL PENALTY:

Penalties: Whenever in any provision of this code or other ordinance of the town any act is prohibited or is made or declared to be unlawful, a misdemeanor, an infraction, or an offense, or whenever in any such provision or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided therefor, any person, upon conviction for the violation of any such provision of this code or ordinances, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment for each such misdemeanor offense; or by a fine not to exceed three hundred dollars ($300.00) when the offense is designated as an infraction by the state law or by any section or provision of this code, or if the infraction is a repeat offense, a penalty not to exceed five hundred dollars ($500.00) for each repeat violation. Each day, upon which a violation occurs, a separate offense shall be deemed committed and, upon conviction thereof, shall be punished as herein provided.

Construction; Interpretation: In the construction and interpretation of this section, the revocation of a license or permit shall notbe

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considered as a recovery or penalty so as to bar any other penalty being enforced.

Violation Of Federal Water Pollution ControlAct:Anyperson violating any town ordinance relating to local or federal wastewater pretreatment standards, implementing the federal water pollution control act, 33 USC 1251 through 1387, or as amended, shall be subject to a fine not to exceed one thousand dollars ($1,000.00) per day for each violation or six (6)months'imprisonment,orboth. (Ord.,10-2-2007)

1-4-2 : INCARCERATED INDIVIDUALS; CREDIT ALLOWED:

Imprisonment: Any person incarcerated on a bailable offense and against whom a judgment of imprisonment is rendered must be allowed credit for each day of incarceration prior toorafter conviction, except that the time allowed as a credit may not exceedthe term of the prison sentencerendered.

Fine Levied: Any person incarcerated on abailableoffensewho does not supply bail and against whoma fine is levied on convictionof the offense must be allowed a credit for each day of incarceration prior to conviction, except that the amount allowed or credited maynot exceed the amount of the fine. The daily rate of credit for incarceration must be established annually by the board of county commissioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rateis

established. (Ord., 12-5-2000)

LICENSE: When a person is convicted of a violation of any section of this code any license previously issued to him by

the town may be revoked by the court or by the council. (1972 Code)

1-4-4 : APPLICATION:

The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Unless otherwise provided, any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any act which is of a continuingnatureordeclaredtobeunlawful,shallbedeemedguilty

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of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code. (1972 Code; amd. Ord., 10-2-2007)

In all cases where the same offense is made punishable oris created by different clauses or sections of this code the prosecuting officer may elect under which to proceed; but not more than one

recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

Whenever the doing of any act or the omIssIon to do any act constitutes a breach of any section or provision of this code andthere shall be no fine or penalty specifically declaredforsuch breach, the provisions of this chapter shall apply and a separate offense shall be deemed committed upon each day during oron which a breach or violation occurs or continues. (1972Code)

LIABILITY OF OFFICERS: No provIsIon of this code designating the duties of any officer or employee shall be so

construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1972 Code)

JURISDICTION:

The town has jurisdiction to impose penalties and fines within its corporate limits. (1972Code)

The town has authority to regulate water supply systems, tax, and condemn property as granted by Montana Code Annotated section 7-13-4406.

The town has authority to control disturbances of the peacewithinthe town and within three (3) miles of town as granted by Montana Code Annotated section 7-13-4406. (Ord.,10-2-2007)

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Health and quarantine ordinances and regulationsmaybe enforced in and over all places within five (5) miles of the boundaries of the

town.

The police of the town may make arrests of persons charged with crime within the limits of the town and within five (5)milesthereof, and along the line of the water supply of the town. (1972Code)

JUDGMENT TO PAY FINE; LIEN: A judgment that the defendant pay a fine or costs constitutes a lien upon the real

estate of the defendant, which lien dates from the date of the defendant's arrest. (1972 Code)

1-4-8:

EXECUTION OF FINE; IMPRISONMENT:

If the judgment is for a fine and imprisonment until the fine is paid, the defendant must be committed to the custody of the proper officer and detained and allowed a credit for each day of incarceration as provided in Montana Code Annotated 46-18-403. A person incarcer ated on a bailable offense who does not supply bail and against whom a fine is levied, upon conviction of the offense, may be allowed a credit for each day of incarceration prior to conviction, except that the amount allowed or credited may not exceed the amount of the fine. The daily rate of credit for incarceration will be established annually by the Granite County board of county commis sioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rate is established.

B. If the judgment is for a fine and imprisonment until fine be paid, the defendant must be committed to the custody of the proper officer, and by him detained until the judgment is complied with. The daily rate of credit for incarceration must be established annually by the Granite County board of county commissioners by resolution. The daily rate must be equal to the actual cost incurred by the detention facility for which the rate is established. (Ord., 10-2-2007)

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CHAPTER 5

MAYOR1

SECTION:

1-5-1:

1-5-2:

Qualification; Term Powers

QUALIFICATION; TERM: No person shall be eligible to the office of mayor unless such person shall be at least twenty

one (21) years of age and a resident of the state for at least three (3) years, and a resident of the town or an area which has been annexed by the town for two (2) years next preceding his or her election to said office, and must reside in the town during his or her term of office. The mayor shall hold office for a term of four (4) years and until the qualification of his or her successor. (Ord., 2-4-1992)

POWERS: The mayor is the chief executive officer of the town, and has power:

To nominate and, with the consent of the council, to appoint all nonelective officers of the town providedfor by the council,exceptas provided bystatute.

To suspend and, with the consent of the council, to remove any nonelective officer, stating in the suspension or removal the cause thereof.

To cause the ordinances of the town to be executed, andtosupervise the discharge of official duty by all subordinateofficers.

To communicate to the council, at the beginning of every session,and more often if deemed necessary, a statement oftheaffairsof the town, with such recommendations as he may deemproper.

1. MCA§ 7-4-4301 et seq.

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To recommend to the council such measures connected with the public health, cleanliness, and ornament of the town, and the improvement of the government and finances, as he deems expedient.

To approve allordinancesand resolution ofthe council adopted byit, and, in case the same do not meet his approbation, to return the same to the next regularmeeting of the council,with his objections in writing, and no ordinance or resolution so vetoed by the mayormust go into effect unless the same be afterwards passedby

two-thirds (2/3} vote of the whole number of members of the council.

To veto any objectionable part of a resolution or ordinance and approve the other parts. If the mayor fails to return any resolution or ordinance as aforesaid, the same takes effect without further action.

To call special meetings of the council, and when so called, he must state by message the object of the meeting, and the business of the meeting must be restricted to the objectstated.

To cause to be presented, once in three (3) months, a full and complete statement of the financial conditionof the town.

To bid on for the town any property sold at a tax or judicialsale,where the town is a party orinterested.

To procure and have in his custody the seal of thetown.

To take and administer oaths. (1972Code)

To request that the governor call out the militia to aid the mayor in suppressing riots or other disorderly conduct, preventing and extinguishing fires, securing the peace and safety of the town, or carrying into effect any law or ordinance. (Ord.,10-2-2007)

To require of any of the officers of the town an exhibit of his booksandpapers.

0. To grant pardons and remit fines and forfeitures for offenses against the town ordinances, when in his judgment public justice would be thereby subserved; but he must report all pardons granted, with the reasons therefor, to the next council meeting.

To perform such other duties as may be prescribed by law or resolu tion or ordinance of thecouncil.

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He has such power as may be vested in him by ordinance of thetown, in and over all places within five (5) miles of the boundaries of the town, for the purpose of enforcing the health and quarantine ordinances and regulations thereof.(1972 Code)

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CHAPTER 6

TOWN COUNCIL1

SECTION:

1-6-1:

1-6-2:

Qualifications; Term Powers

QUALIFICATIONS; TERM: No person shall be eligible to the office of alderperson unless he or she shall be a resident of

the ward so electing him or her, or a resident of an area which has been annexed by the town and placed in a ward, for at least sixty (60) days preceding such election. There shall be elected two (2) alderpersons from each ward, to be voted for the wards they respectively represent, and each alderperson shall hold office for a term of four (4) years, and until the qualification of his or her successor. (Ord., 2-4-1992)

POWERS: The town council has power to make and pass all bylaws, ordinances, orders and resolutions, not repugnant to

the constitution of the United States or of the state of Montana, or of the provisions of the state statutes, necessary for the government or management of the affairs of the town, for the execution of the powers vested in the body corporate, and for carrying into effect the provisions of applicable statute provisions. (1972 Code)

1. MCA§ 7-4-4101 et seq.

Town of Philipsburg

1-7-1 1-7-1

CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

SECTION:

1-7-1: Officers

1-7-1: OFFICERS 1: The officers of the town shall consist of one mayor and two (2) alderpersons from each ward, who must be

elected by the qualified electors of the town. There may be appointed by the mayor, with the advice and consent of the town council, one clerk, one treasurer, one chief of police, one fire chief, one director of public works, one town attorney, and any other officers necessary to carry out the provisions of this code. The town council may prescribe the duties of all town officers, and set their compensation. (Ord. 2008-5, 9-2-2008)

1. MCA§ 7-4-4103.

Town of Philipsburg

December 2008

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CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE A. TOWN CLERK'

SECTION:

1-7A-1:

1-7A-2:

1-7A-3:

1-7A-1:

Office Established Appointment; Term Duties

OFFICE ESTABLISHED: There is hereby established in the town a separate office of town clerk. (Ord. 220, 5-7-1956)

1-7A-2: APPOINTMENT; TERM: The office of clerk shall be filled by appointment by the mayor, with the advice and consent of the

council, and said clerk shall hold office for a term of two (2) years, unless suspended or removed as provided for under the laws of the state. (Ord. 220, 5-7-1956)

1-7A-3: DUTIES: The

Montana law, Annotated, title 7, chapter 10-2-2007)

clerk shall perform all duties required by particularly as set forth in Montana Code 4, and the town personnel manual. (Ord.,

1. MCA§ 7-4-4103(4)(a).

Town of Philipsburg

1-7B-1 1-7B-3

CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE B. TOWN TREASURER

SECTION:

1-7B-1:

1-7B-2:

1-7B-3:

Office Established Appointment; Term Duties

1-7B-1: OFFICE ESTABLISHED: There is hereby established in the town an office of town treasurer who may also be the town

clerk as determined by the mayor with the consent of the town council. (Ord. 2008-5, 9-2-2008)

1-7B-2: APPOINTMENT; TERM: The office of treasurer shall be filled by appointment by the mayor, with the advice and consent of

the town council, and said treasurer shall hold office for a term of two (2) years, unless suspended or removed as provided for under the laws of the state. (Ord. 2008-5, 9-2-2008)

1-7B-3: DUTIES: The treasurer shall perform all duties required by Montana law, particularly as set forth in Montana Code

Annotated title 7, chapter 6 and the town personnel manual. (Ord. 2008-5, 9-2-2008)

December 2008

Town of Philipsburg

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CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE C. TOWN ATTORNE Y1

SECTION:

1-7C-1:

1-7C-2:

1-7C-3:

1-7C-1:

Office Established Appointment; Term Duties

OFFICE ESTABLISHED: There is hereby established in the town a separate office of town attorney. (Ord. 219, 5-7-1956)

1-7C-2: APPOINTMENT; TERM: The office of town attorney shall be filled by appointment by the mayor, with the advice and

consent of the council, and said attorney shall hold office for a term of two

(2) years, unless suspended or removed as provided for under the laws of the state. (Ord. 219, 5-7-1956)

1-7C-3: DUTIES: The town attorney shall perform all duties and services required by any and all applicable contracts with the

town. Any additional duties and services, outside the scope of the town attorney's written contract, shall be performed by the town attorney under an amended written contract, by a separate contract attorney, or by the town's insurance company's contract attorney in applicable cases. (Ord. 2008-5, 9-2-2008)

1. MCA§ 7-4-4601 et seq.

December 2008

Town of Philipsburg

1-7D-1 1-7D-3

CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE D. CHIEF OF POLICE

SECTION:

1-7D-1:

1-7D-2:

1-7D-3:

Office Established Appointment; Contract Position Powers; Duties

1-7D-1: OFFICE ESTABLISHED: There is hereby established in the town a separate office of chief of police also known as police

chief. (Ord. 2008-5, 9-2-2008)

1-7D-2: APPOINTMENT; CONTRACT POSITION: The chief of police

shall be a contracted position with the town. The chief of police may be the Granite County sheriff. (Ord. 2008-5, 9-2-2008)

1-7D-3: POWERS; DUTIES: The chief of police shall have all authority granted by Montana state law. The chief of police

shall perform all duties set forth in the Montana Code Annotated, the town personnel manual, and all applicable contracts with the town. (Ord. 2008-5, 9-2-2008)

December 2008

Town of Philipsburg

1-7E-1 1-7E-2

CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE E. FIRE CHIEF'

SECTION:

1-7E-1:

1-7E-2:

1-7E-3:

1-7E-4:

Office Established; Term; Authority Powers; Duties

Person Aggrieved Violation

1-7E-1: OFFICE ESTABLISHED; TERM; AUTHORITY: The office of

the fire chief is hereby established. The fire chief is a volunteer and shall be appointed and serve a term as set by the mayor with consent of the town council. Under the direction of the mayor with the consent of the town council, the fire chief maintains supervisory authority over the town's fire department. (Ord. 2008-5, 9-2-2008)

1-7E-2: POWERS; DUTIES:

It is hereby made the duty of the chief ofthe firedepartmentofthe town to investigate the cause, origin and circumstances of each fire occurring in the town, by which such property has been destroyed or

damaged, and shall make an investigation to determine whether the fire was the result of carelessness or design. The investigation shall be commenced within two (2) days, not including Sunday, if the fire occurred that day.

It shall be the duty of said chief of the fire department upon makingan investigation of a fire occurring in the town to forthwith notify the state fire marshal, and within one week of the occurrence of the fire shall furnish him a written statement of all facts relatingto its cause

1. MCA§ 7-33-4104.

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and origin, and such other information as is required by forms provided him by the said state fire marshal.

If the chief of the fire department is of the opinion that there is evidence sufficient to charge a person with arson or a similar crime,he shall cause him to be arrested and charged with such offense, by filing a complaint against such person. He shall furnish theprosecuting attorney such evidence, with the namesofwitnesses, and the testimony discovered in thecase.

In the performance of the duties imposed by the provisions of this chapter, the fire chief at all times of day or night, may enter upon and examine any building or premises where a fire has occurred,

and other buildings and premises adjoining or near thereto.

It shall be the duty of the fire chief uponanexaminationorinspection where he finds a building or otherstructure,whichfor want of proper repair, by reason of age and dilapidated condition, defective or poorly installed electricalwiringandequipment, defective chimneys, defective gas connections, defective heating apparatus, or for any other cause or reason is especiallyliabletofire, and which building or structure is so situated as to endangerother buildings or property, said officer shall order such building, or buildings, to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied. If such officer finds in a building, or upon any premises any combustibleorexplosive material, rubbish, rags, waste, oils, gasoline orinflammableconditions of any kind, dangerous to the safety of such buildings or premises, buildings or property, he shall order suchmaterials removed or conditions remedied. Such order shall be made against and served personally or by registered letter upon the owner, lessee, agent or occupant of such building or premises, and thereupon such order shall be complied with by the owner, lessee, agent or occupant within the time fixed in said order. (Ord. 143, 5-22-1916; amd. Ord. 2008-5,9-2-2008)

The fire chief of the Philipsburg volunteer fire department is hereby authorized to make all appointments to the fire department, including officers and firefighters. (Ord. 1033, 5-7-1996; amd. Ord. 2008-5, 9-2-2008)

1-7E-3: PERSON AGGRIEVED: If the owner or occupant deems himself aggrieved by the order mentioned in subsection

1-7E-2E of this chapter, he may appeal to the state fire marshal within

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twenty four (24) hours. Unless such order is revoked by the state fire marshal, it shall remain in force and forthwith be complied with by such owner or occupant. (Ord. 143, 5-22-1916; amd. Ord. 2008-5, 9-2-2008)

1-7E-4: VIOLATION: Any owner or occupant of buildings or premises who fails to comply with the orders of the fire chief shall be

subject to penalty as in this code provided. (Ord. 143, 5-22-1916; amd. Ord. 2008-5, 9-2-2008)

December 2008

Town of' Philipsburg

1-?F-1 1-?F-3

CHAPTER 7

TOWN OFFICERS AND EMPLOYEES

ARTICLE F. DIRECTOR OF PUBLIC WORKS

SECTION:

1-?F-1:

1-?F-2:

1-?F-3:

1-?F-1:

9-2-2008)

Office Established Appointment; Term Duties

OFFICE ESTABLISHED: There is hereby established in the town an office of director of public works. (Ord. 2008-5,

1-?F-2: APPOINTMENT; TERM: The office of director of public works shall be filled by appointment by the mayor with the

advice and consent of the town council, and said director of public works shall hold office for a term of two (2) years, unless suspended or removed as provided for under the laws of the state. (Ord. 2008-5, 9-2-2008)

1-?F-3: DUTIES: The director of public works shall perform all duties set forth in the town personnel manual and all additional

duties prescribed by the mayor with the consent of the town council. (Ord. 2008-5, 9-2-2008)

Town of Philipsburg

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CHAPTER 8

PERSONNEL1

(Rep. by Ord. 2008-5, 9-2-2008)

1. See the town personnel manual.

December 2008

) ) )

) )

1-9-1 1-9-3

CHAPTER 9

TOWN COURT

SECTION:

1-9-1:

1-9-2:

1-9-3:

1-9-4:

1-9-5:

1-9-6:

1-9-7:

1-9-8:

1-9-9:

Town Court Established Concurrent Jurisdiction Exclusive Jurisdiction Preliminary Examinations Proceedings In Criminal Actions Proceedings In Civil Actions Town Judge

When Judge Cannot Act Collection Of Fines

TOWN COURT ESTABLISHED: A town court is established in the town, and the town court must be operated and open as

set forth by resolution of the town council. The town court shall have at least one town judge, and the number of town judges shall be set forth by resolution of town council. All town court clerks shall be supervised by the town judges with the longest sitting town judge (chief town judge) having ultimate supervisory authority. (Ord., 10-2-2007)

CONCURRENT JURISDICTION: The town judge or judges shall perform all duties required by law and contract. The

town judges shall have concurrent jurisdiction over persons and subject matter as provided by the laws of the state of Montana. (Ord., 10-2-2007)

EXCLUSIVE JURISDICTION: The town judge or judges shall perform all duties required by law and contract. The town

judges shall have exclusive jurisdiction over persons and subject matter as provided by the laws of the state. (Ord., 10-2-2007)

1-9-4 1-9-8

PRELIMINARY EXAMINATIONS: All proceedings regarding preliminary examinations in criminal actions in town court

must be in conformity with the provisions of Montana Code Annotated, title 46, chapter 10. (Ord., 10-2-2007)

PROCEEDINGS IN CRIMINAL ACTIONS: All criminal

proceedings in town court must be in conformity with Montana Code Annotated, title 46. (Ord., 10-2-2007)

PROCEEDINGS IN CIVIL ACTIONS: All civil proceedings in town court must be in conformity with Montana Code

Annotated, title 25. (Ord., 10-2-2007)

TOWN JUDGE: The presiding officer of the town court shall be the town judge. If none is elected or appointed by the

town, the local justice of the peace shall be the town judge. (Ord., 10-2-2007)

1-9-8 : WHEN JUDGE CANNOT ACT:

The town judge or mayor may call in a town judge, a justice of the peace, or some qualified person to act in the judge's place whenever the judgeis:

A party in a case;

Interested in acase;

The spouse of or related to either party in a case by consanguinity or affinity within the sixth degree;or

Sick, absent, or unable toact.

The town judge may call in a town judge, justice of the peace, orsome qualified person to act in his stead when adisqualifying affidavit is filed against him pursuant to the supreme court's rules on disqualification and substitution ofjudges.

A town judge of any town or justice of the peace of any county may sit as town judge at the town judge's request. (Ord.,10-2-2007)

1-9-9 1-9-9

COLLECTION OF FINES: The town judge shall collect all fines, costs, and forfeitures that accrue to the town from

cases tried or disposed of in the town court. The town judge shall give a receipt therefor to the person paying the same, and shall promptly pay the collected monies to the treasurer of the town. (Ord., 10-2-2007)

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CHAPTER 10

ELECTIONS; WARDS

SECTION:

1-10-1:

1-10-2:

Voting Place Established Wards

VOTING PLACE ESTABLISHED: With the exception of mail ballot elections, there shall be one polling or voting place for

all municipal elections for the town, and this said polling or voting place shall be at the Granite County Museum and Cultural Center. (Ord. 2008-5, 9-2-2008)

WARDS:

The first ward shall comprise all that portion of the town lying and being south of Broadway Street and east of Duffy Street, and shallalso include Parker's addition and Rosalind addition. (Ord. 109, 3-6-1905; amd. Ord. 242,2-18-1964)

The second ward shall comprise all that portion of the town lying and being north of Broadway Street, east of California Street and east of PineStreet.

The third ward shall comprise all that portion of the town lying and being west of Pine Street west of California Street on both sides of Broadway Street. (1972 Code)

Town of Philipsburg

December 2008