Administration |
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CHAPTER
1: CUT
BANK CITY CODE |
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| SECTION: | |
| 1-1-1:
TITLE: 1-1-2: ACCEPTANCE: 1-1-3: AMENDMENTS: 1-1-4: CODE ALTERATIONS: |
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| 1-1-1:
TITLE: Upon the adoption by the city council, this city code is hereby declared to be and shall hereafter constitute the official city code of Cut Bank. This city code of ordinances shall be known and cited as the CUT BANK CITY CODE and is hereby published by authority of the council and shall be supplemented to incorporate the most recent legislation of the city 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 city code by title in any legal documents. (2006 Code) The city code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of this state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this title. (2006 Code) Any ordinance amending the city 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 ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers, and such ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code. (2006 Code) It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city 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 city council. The city clerk-treasurer shall see that the replacement pages are properly inserted in the official copies maintained in the office of the clerk-treasurer. Any person having custody of a copy of the city code shall make every effort to maintain said code current as to the most recent ordinances passed. Such person shall see to the immediate insertion of new or replacement pages when such are delivered or made available to such person through the office of the city clerk-treasurer. Such code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the city clerk-treasurer when directed so to do by order of the council. (2006 Code) |
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SAVING CLAUSE |
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| SECTION: | |
| 1-2-1:
REPEAL OF GENERAL ORDINANCES: 1-2-2: PUBLIC WAYS AND PUBLIC UTILITY ORDINANCES: 1-2-3: COURT PROCEEDINGS: 1-2-4: SEVERABILITY CLAUSE: |
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| 1-2-1:
REPEAL OF GENERAL ORDINANCES:
All general ordinances of the city passed prior to the adoption of this city code are hereby repealed, except such as are included in this city 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; appropriation ordinances; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances. (2006 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, service or rates of public utilities shall be repealed by virtue of the adoption of this city code or by virtue of the preceding section, excepting as the city code may contain provisions for such matters, in which case, this city code shall be considered as amending such ordinance or ordinances in respect to such provisions only. (2006 Code) A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly 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 may 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. B. Extend To All Repeals: 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. C. Currently 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 city 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 provisions; 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 city under any ordinance or provision thereof in force at the time of the adoption of this city code. (2006 Code) If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this city code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. (2006 Code) |
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DEFINITIONS |
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| SECTION: | |
| 1-3-1:
CONSTRUCTION OF WORDS: 1-3-2: DEFINITIONS, GENERAL: 1-3-3: CATCHLINES: |
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| 1-3-1:
CONSTRUCTION OF WORDS: A. Whenever any word in any section of this city 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 city code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this city code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. B. The word "ordinance" contained in the ordinances of the city has been changed in the content of this city code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (2006 Code) 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: A person acting on behalf of another with authority conferred, either expressly or by implication. CITY: The city of Cut Bank, county of Glacier, state of Montana. CODE: The municipal code of the city of Cut Bank. COUNCIL: The city council of the city of Cut Bank. COUNTY: The county of Glacier, state of Montana. EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Cut Bank". GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons. LICENSE: The permission granted for the carrying on of a business, profession or occupation. MCA: Montana Code Annotated, as amended. NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the city. OCCUPANT: 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. OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code. OFFICERS: Whenever reference is made in this code to a county officer by title only, this shall be construed as though followed by the words "of the city of Cut Bank". OPERATOR: The person who is in charge of any operation, business or profession. OWNER: 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. PERSON: The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals. PERSONAL PROPERTY: Includes every description of money, goods, chattels, effects, evidence of rights in action and 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: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer. RIGHT OF WAY: The privilege of the immediate use of the roadway or other property. STATE: The state of Montana. STREET: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks. TENANT: 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. WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale. WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person or, in case such person is unable to write, by such person's proper mark. (2006 Code) 1-3-3: CATCHLINES:The catchlines of the several sections of the city 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. (2006 Code) |
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GENERAL PENALTY |
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| SECTION: | |
| 1-4-1:
GENERAL PENALTY: 1-4-2: EXECUTION ON FINE: 1-4-3: ACTS PUNISHABLE UNDER DIFFERENT SECTIONS: 1-4-4: LIABILITY OF OFFICERS AND EMPLOYEES: |
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| 1-4-1:
GENERAL PENALTY
A. Penalty: Whenever in any provision of this code or other ordinance of the city any act is prohibited or is made or declared to be unlawful, a misdemeanor 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 punishable 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 offense. B. Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than or less than that established by state statute for the same offense; nor shall terms of imprisonment be greater than that established by state statute for the same offense. C. Separate Offense For Each Day: Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this code or any ordinance shall continue shall constitute a separate offense. (2006 Code) A. Fine Only: If the judgment is for a fine alone, execution may issue thereon as on a judgment in a civil case. B. Fine And Imprisonment: If the judgment is for a fine and imprisonment until the fine is paid, the defendant shall be committed to the custody of the county jail and detained until the judgment is complied with. The imprisonment shall not exceed that amount set by resolution of the Glacier County board. (2006 Code) 1-4-3: ACTS PUNISHABLE UNDER DIFFERENT SECTIONS: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may proceed under both, 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. (2006 Code) 1-4-4: LIABILITY OF OFFICERS AND EMPLOYEES: No provision of this code designating the duties of any city officer or employee shall be so construed so as to make such officer or employee liable for any fine or penalty provided in this code for a failure to perform such duty, unless the intention of the city council to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (2006 Code) |
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MAYOR AND CITY COUNCIL |
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| SECTION: | |
| 1-5-1:
MAYOR: 1-5-2: COUNCIL COMPOSITION AND TERM: 1-5-3: PRESIDENT OF COUNCIL: 1-5-4: VACANCIES IN OFFICE: 1-5-5: DUTIES: 1-5-6: ORDINANCE PUBLICATION: |
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| 1-5-1:
MAYOR:
A. Qualifications: No person shall be eligible for the office of mayor unless such person is a citizen of the United States, is at least twenty one (21) years of age, has been a resident of the state for at least three (3) years and a resident of the city or area which has been annexed by the city for a period of two (2) years next preceding his election. B. Term Of Office: The mayor shall serve for a term of four (4) years. C. Powers And Duties: The mayor shall have those powers and duties established by state statute. (2006 Code) 1-5-2: COUNCIL COMPOSITION AND TERM: There shall be two (2) aldermen representing each ward of the city. At each city election hereafter, one alderman shall be elected from each city ward, as described in this code 2 , for a term of four (4) years or until his successor is elected and qualified. (2006 Code) At the time of taking office, the city council shall elect one of the members of the council who shall be styled president of the council and who shall preside at all meetings of the council in the absence of the mayor and, in the absence of the president of the council, shall elect one of their own body to occupy his place temporarily, who shall be styled acting president of the council, and the president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the council, and all acts of the president and acting president, while so acting, shall be binding upon the council and upon the city as if done by the mayor. (2006 Code) In the event an office of alderman shall become vacant through death, moving out of the ward, or for any other reason, the mayor shall appoint, with the approval of the city council, a resident of the ward to fill the unexpired portion of the term, until the next general election, when the unexpired term shall be filled by regular election. (2006 Code) Aldermen, members of the city council, the legislative and policy making branch of the government of the city, shall devote so much of their time to the duties of their office as an efficient and faithful discharge thereof may require. They shall attend all meetings of the council unless lawfully excused therefrom, and perform all duties which by the nature of their office they would reasonably perform, such as the passing of ordinances and resolutions, and the investigation and study of work done for the city according to the character of committee upon which they may severally be appointed. (2006 Code) All ordinances passed by the city council shall be either published in one issue of a daily or weekly newspaper of general circulation in the city or posted by the city clerk-treasurer by posting written copies of said ordinance, in not less than three (3) conspicuous places within the limits of the city, as the council shall direct and prescribe. (Ord. 1.00; amd. 2006 Code) |
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CITY OFFICERS AND EMPLOYEES |
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| SECTION: | |
| 1-6-1:
RESIDENCY REQUIREMENTS:
1-6-2: BOND REQUIREMENTS: 1-6-3: CLERICAL AND ADMINISTRATIVE ASSISTANCE: 1-6-4: CITY JUDGE: 1-6-5: CITY SUPERINTENDENT: 1-6-6: STREET COMMISSIONER: |
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| 1-6-1:
RESIDENCY REQUIREMENTS:
A. All employees of the city are required to maintain residency within the city limits or within a twenty (20) minute response time to their place of employment. In establishing and verifying the twenty (20) minute response time, the city superintendent shall have full discretion. B. All employees desiring to live outside of the city limits shall: 1. Obtain written permission from his or her respective department head and the city superintendent. 2. Provide a personal, one party line telephone connection to his or her place of residency. (Ord. 394, 9-15-1997) 1-6-2: BOND REQUIREMENTS:A. Bond Required; Amounts: All city officials required to give bond shall make, execute and deliver such bond before entering upon the discharge of official duty. Any person appointed to fill a vacancy, before entering upon the duties of the office, shall give bond corresponding in substance and form with the bond required of the officer originally elected or appointed. B. Specific Bond Amounts: Except when otherwise provided by law or ordinance, the following officers of the city shall execute the following official bonds to the city: (Ord. 2.04) City clerk-treasurer C. Approval And Filing Of Bond; Surety Restriction: Unless otherwise expressly provided by statute or ordinance, every official bond shall be approved by the council and filed with the city clerk-treasurer within the time prescribed for filing oath. The city clerk-treasurer shall record all bonds filed with him. No officer shall become a surety on the official bond of another officer. (Ord. 2.04; amd. 2006 Code) D. Form; Signatures Required: Unless otherwise provided by statute or ordinance, all official bonds shall be in form joint and several and made payable to the state of Montana, city of Cut Bank in such penalty and with such conditions as required by law or ordinance. All official bonds shall be signed and executed by the principal and two (2) or more sufficient sureties or by the principal and one or more surety companies organized as such under the laws of this state or licenses to do business herein. E. Scope Of Bond: 1. Every official bond executed by an officer pursuant to the provisions of this section is in force and obligatory on the principal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy or clerk. 2. Every bond is in force and obligatory upon the principal and sureties therein for the faithful discharge of all duties which may be required of the officer by any law or ordinance enacted subsequent to the execution of such bond and such condition shall be expressed therein. 3. Every official bond executed by an officer pursuant to this section is in force and obligatory upon the principal and sureties therein to and for the state of Montana, city of Cut Bank and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond in his own name without an assignment thereof. No such bond is void on the first recovery of a judgment thereon, but suit may afterwards be brought from time to time and judgment recovered thereon by the city or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted. 4. The principal and sureties upon an official bond are also in all cases liable for the neglect, default or misconduct in office of any deputy, clerk or employee appointed or employed by such principal. F. Conditions Of Bond: The condition of every official bond shall be that the principal shall well, truly and faithfully perform all official duties then required by him by law or ordinance, and also such additional duties as may be imposed on him by any law of the state subsequently enacted, and by any ordinance of the city subsequently enacted, and that he will account for and pay over and deliver to the person or officer entitled to receive the same all monies or other properties that may come into his hands as such officer. G. Insufficient Sureties; Additional Bond: 1. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the city council, that the sureties on any bond given pursuant to the provisions of this section, or any of them, have, since the bond was approved, died or removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the council may issue a citation to the officer requiring him, on a day therein named, not less than five (5) days nor more than ten (10) days after date, to appear and show cause why such office should not be vacated, which citation shall be served and return thereof made before the time set to show cause. If the officer fails to appear or show good cause why such office should not be vacated on the day named, or fails to give ample additional security, the council shall make an order vacating the office, and the same shall be filled as provided by law. (Ord. 2.04) 2. The additional bond shall be in such penalty as directed by the council and in all other respects similar to the original bond. Every such additional bond so filed and approved is of like force and obligation upon the principal and sureties thereon from the time of its execution and subjects the officer and his sureties to the same liabilities, suits and actions as are prescribed respecting the original bonds of officers. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given. The officer and his sureties are liable to the city and to the party injured by a breach of any condition of an official bond, after the execution of the additional bond, upon either or both the bonds. (Ord. 2.04; amd. 2006 Code) H. Failure To Provide Bond: If any person elected or appointed to office in the city required by this section to give bond shall fail or neglect to give the city an official bond in the sum and within the time as required by the provisions of this section, such office may thereupon by the city council by a vote of two-thirds (2/3) of all members elect, be declared vacant. I. Reference To Provisions: All the provisions and conditions of this section shall form a part of all official bonds without being repeated therein, and a reference to this section by number or otherwise in an official bond shall be deemed and considered as adopting and incorporating all the provisions and conditions of this section into such bond as fully and completely to all intents and purposes as if the provisions and conditions of this section were fully and completely repeated and set forth therein. (Ord. 2.04) 1-6-3: CLERICAL AND ADMINISTRATIVE ASSISTANCE:The city council may approve payment of claims submitted by clerical and administrative help in conjunction with the preparation and work involved in the necessary undertaking relevant to the financial system of the city where such assistance is necessary during periods of time in the year when a peak volume of work shall be performed. (Ord. 2.36; amd. 2006 Code) 1-6-4: CITY JUDGE:The office of the judge of the city court shall be filled by election, such election to be held at the same time and in the same manner as the election of the other elective officers of the city. (Ord. 2.12) 1-6-5: CITY SUPERINTENDENT:A. Definition: As used in this code and in the ordinances of the city, the term "city superintendent" means any employee or agent of the city who is designated as city superintendent. The term "city superintendent" also means and includes each of the following, and where each of the following terms is used in this code and in the ordinances of the city, said term includes the term "city superintendent": Street commissioner Supervisor of waterworks City engineer Engineer representing the city Superintendent of department of sanitation B. Duties: The city superintendent is hereby empowered, authorized and directed to perform all of the acts and duties of all of the persons or officers designated in subsection A of this section. (Ord. 2.32; amd. 2006 Code) 1-6-6: STREET COMMISSIONER:A. Office Created; Appointment: There is hereby created the office of street commissioner in and for the city. It shall be the duty of the mayor of the city to appoint, subject to confirmation by the city council, some suitable person to discharge the duties of said office. B. Duties: It shall be the duty of the street commissioner: 1. To see that all ordinances, resolutions and orders of the city council relating to streets, alleys, sidewalks, boulevards and cleaning and flushing of sewers are complied with; 2. To make a full monthly report, in writing, to the city council of all work done, where done, cost of same, and all monies expended in his department, and for what purpose, and it shall be his duty to take charge of all tools, materials or the property belonging to the city and employed in working on the streets, and shall, under the direction of the council, make suitable provisions for the safekeeping of the same while under his care and control, and shall at all times keep an accurate and descriptive list of the same, and at the expiration of his term of office, return to the city clerk-treasurer an accurate copy of said list; 3. To see that all statutes, ordinances, orders and regulations respecting the use or occupation of portions of the streets for the purpose of erecting, altering, repairing or removing buildings are observed and enforced. It shall be his duty to repair without unnecessary delay any street that shall have become impassable or unsafe, clean out and flush all sewers when necessary, and employ competent labor for same; 4. To perform all the duties devolved upon him by this code and city ordinances relating to sidewalks and have all labor upon the sidewalks, ordered by the city council, performed in accordance with the ordinances relating thereto; to make all ordinary repairs on sidewalks as this code and city ordinances provide and see that the same are kept in good and safe condition for the public travel, subject to instructions and direction of the city council; to oversee the construction and maintenance of all existing sidewalks, or sidewalks that may be ordered by the council; and whenever it shall be necessary to rebuild or construct any sidewalk, he shall report the same to the city council who shall, if in their judgment such improvements are necessary, order such improvements as are provided by ordinance; 5. To report all violations of provisions of this code and ordinances relating to sidewalks, streets and sewers to the city council, and is authorized and empowered, under the instructions of the city council, to employ competent persons and procure necessary materials to make repairs or construct or do any work that may have been ordered as herein provided; and 6. To perform all other duties prescribed for him by this code or any ordinance of the city, or resolution or order of the city council. (Ord. 2.40) C. Conservator Of The Peace: The street commissioner shall have the same authority to make arrests as a police officer of the city. (Ord. 2.40; amd. 2006 Code)
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ELECTIONS |
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| SECTION: | |
| 1-7-1:
ELECTION PROCEDURE:
1-7-2: WARD BOUNDARIES: |
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| 1-7-1:
ELECTION PROCEDURE:
The procedure for holding city elections shall be as provided by state law. (2006 Code) The boundaries of the wards for election and other purposes within the city are as follows: Ward 1 shall consist of Glacier County voting precincts nos. 1 and 2 and shall include all land and area within the city which is east of South Central Avenue and North Central Avenue and south of the Burlington Northern right of way. Ward 2: Ward 2 shall consist of Glacier County voting precincts nos. 3 and 4 and shall include all land and area within the city which is not included in ward 1. (Ord. 5.04) |
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