Police and Public Safety

CHAPTER 1: POLICE DEPARTMENT

CHAPTER 2: VOLUNTEER FIRE DEPARTMENT

CHAPTER 3: ANIMAL CONTROL

CHAPTER 4: MINORS 

CHAPTER 5: FIREWORKS

CHAPTER 1

POLICE DEPARTMENT

The police department of the city is hereby organized in accordance with the provisions hereof, and said police department shall be managed and controlled as in this chapter provided. (Ord. 2.20)

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6-1-2: SUPERVISION AND CONTROL BY MAYOR:

The mayor of the city shall have charge of and supervision over and shall appoint all the members of the police department of the city. Subject to the provision hereof, the mayor shall have the power to suspend or remove any member or officer of the police department 6 . The mayor shall be, and he is hereby authorized, in conjunction with the police commission, to make rules and regulations, not inconsistent with the provisions hereof, the laws of the state, or the ordinances of the city, for the government, direction, management, and discipline of the police force. (Ord. 2.20)

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6-1-3: CITY COUNCIL AUTHORITY:

In addition to the provisions of this chapter, the city council may make any ordinances, not inconsistent with this chapter or any law of the state, for the government of the police department and for regulating the powers and duties of its officers and members. (Ord. 2.20)

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6-1-4: APPOINTMENT AND TERMS OF MEMBERS:

A. Application And Examination: All appointments to the police force shall be by the mayor and confirmed by the city council, but no such appointment shall be made until an application for such position on the police force has been filed with the mayor and by him referred to the police commission, and such applicant has successfully passed the examination required to be held by such police commission, and a certificate from such police commission that the applicant has qualified for such appointment has been filed with the mayor. (Ord. 2.20)

B. Probationary Term: Every applicant who has passed such examination and received such certificate shall first serve for a probationary term of not more than one year. At any time before the end of such probationary term, the mayor may revoke such appointment. After the end of such probationary period, and within thirty (30) days thereafter, the appointment of such applicant shall be submitted to the city council, and if such appointment is confirmed by the city council, such applicant becomes a member of the police force and shall hold such position during good behavior unless suspended or discharged as provided by law. (Ord. 2.20; amd. 2006 Code)

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6-1-6: EXAMINATION OF APPLICANTS:

A. Referral To Commission; Certificate Required: All applicants for positions on the police force shall have been referred to the police commission, shall be required to successfully undergo an examination before the police commission, and shall receive a certificate from said commission that the applicant is qualified for such appointment to the police force for the probationary period.

B. Examination; Rules And Regulations: It shall be the duty of the police commission to examine all such applicants as to their age, legal, mental, moral and physical qualifications, and their ability to fill the office as a member of the police force. It shall also be the duty of the police commission, subject to the approval of the mayor, to make such rules and regulations regarding such examination not inconsistent with this chapter or the laws of the state.

C. False Statements; Dismissal: Any applicant who shall make any false statement to the police commission as to his age or other qualifications required, at his examination before the police commission, shall be subject to suspension or dismissal from the police force, after trial. (Ord. 2.20)

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6-1-7: QUALIFICATIONS OF MEMBERS:

A. Age:

1. The members of the police department, at the time of their appointment as provided herein, shall not be less than eighteen (18) years of age and shall meet the minimum qualifying standards for employment promulgated by the state board of crime control; provided, however, that the city council shall have the power, by ordinances duly passed and approved, to retire any police officer on half pay, who shall have arrived at the age of sixty five (65) years, or who shall have served continuously as a police officer for a period of not less than twenty five (25) years, or who shall have become incapacitated to perform the duties of his office by reason of injury or accident sustained while actually engaged in the performance of his duties as an officer.
2. The members of the police department on the active list at the time of their appointment under this chapter shall not be less than eighteen (18) years of age.

B. Citizenship And Residency: In every case, a police officer shall be a citizen of the United States. Such qualification shall also apply to every officer on the eligible list at the time he shall be transferred to the active list. (Ord. 2.20; amd. 2006 Code)

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6-1-8: ACTIVE AND ELIGIBLE LISTS; FILLING VACANCIES:

No park commissioner shall be interested in any contract made by the board or by its authority, or in the furnishing of any supplies for the use of the board. (Ord. 398, 1-20-2003)

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6-1-9: EXEMPTIONS OF MEMBERS:

No member of the police force shall be liable to military or jury duty, nor to arrest on civil process while actually on duty. (Ord. 2.20; amd. 2006 Code)

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6-1-10: COMPENSATION; BENEFITS:

A. Minimum Wage: From and after the effective date hereof, there shall be paid to each duly confirmed member of the police department a minimum wage for a daily service of eight (8) consecutive hours' work, of at least two hundred eighty dollars ($280.00) per month for the first year of service, and thereafter, at least two hundred eighty dollars ($280.00) per month plus one dollar ($1.00) per month for each additional year of service up to and including the tenth year of such additional service.

B. Compensation For Sickness Or Injury: Whenever any member of the police department of the city shall, on account of sickness or disability suffered or sustained while an officer and not caused or brought on by dissipation or abuse, be confined to any hospital or his home, and shall require medical attention and care, such officer shall be, by the city council, allowed his salary as such police officer, during his absence, and an amount equal to his expenses while confined for such injury or sickness. (Ord. 2.20; amd. 2006 Code)

6-1-11: APPEALS AND HEARINGS BEFORE POLICE COMMISSION:

A. Commission To Hear And Decide Appeals: The police commission has jurisdiction and it is its duty to hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor.

B. Appeals In Writing: An appeal brought by any member of the police force shall be in writing in the form required by the police commission, and a copy shall be served upon the mayor at least thirty (30) days before the time fixed for the hearing of the appeal.

C. Rights Of Police Officer; Hearing:

1. The appealing police officer has the right to be present at the hearing in person and by counsel and to be heard and to give and furnish evidence in the police officer's appeal.
2. All hearings shall be open to the public.

D. Subpoena Authority Of Police Commission: The chairman or acting chairman of the police commission shall have power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person duly served with a subpoena is bound to attend in obedience thereto. The police commission shall have the same authority to enforce obedience to the subpoena and to punish the disobedience thereof as is possessed by a judge of the district court in like cases; provided, however, that punishment for disobedience is subject to review by the district court of the proper county.

E. Decision By Police Commission: The police commission shall, after the conclusion of the hearing, decide the appeal and shall have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor.

F. Enforcement Of Decision: The mayor shall make an order enforcing the decision of the police commission. The decision or order is subject to review by the district court of the proper county on all questions of fact and all questions of law. (Ord. 2.20; amd. 2006 Code)

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6-1-12: SUSPENSIONS; ADDITIONAL POLICE PERSONNEL:

A. Authority To Suspend, section 6-1-2 : The mayor, or chief of police subject to the approval of the mayor, shall have the power in all cases to suspend a police officer or any officer for a period not exceeding ten (10) days in any one month, without any hearing or trial, such suspension to be with or without pay as the order of suspension may determine.

B. Additional Police Personnel: The mayor shall have the power and authority, at any time when he deems it expedient, to employ not to exceed two (2) persons at one time for a period not to exceed thirty (30) days to do police duty who are not members of the police department. (Ord. 2.20)

C. Calling Into Active Service: Police officers or officers on the retired list shall retire from the active list of police officers, but shall be subject to call for police service or active duty whenever an emergency shall require or the active list is temporarily insufficient for proper policing of the city, all under the rules and regulations as the police commission or city council shall prescribe. (Ord. 2.20; amd. 2006 Code)

6-1-13: RESTRICTIONS ON ACTIVITIES:

A. A member of the police force of the city may be employed in another department of the city. However, the member may not hold political office in the city.

B. The fact that a person is an officer or member of the police department does not deprive the person's spouse or any member of the person's family of the right to participate in political activity or to hold public or political office.

C. An officer or member of the police department may participate in political activity; provided, that the officer does not do so while on duty or in uniform or that it does not otherwise interfere with the performance of duties. (Ord. 2.20; amd. 2006 Code)

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6-1-14: POLICE RESERVES:

A. Qualifications: Reserve officers shall meet the qualifications required under Montana Code Annotated Sections 7-32-213 and 7-32-214.

B. Police Officers Incapacitated In Line Of Duty: Whenever any police officer shall receive injuries or disabilities while on duty, or in active discharge of the duties of a police officer, and in the line of duty, which injuries or disability shall, in the opinion of the police commission or city council, be of such character to impair his ability as an active police officer, or incapacitate him for the further discharge of his duties as such, he shall become a member of the police reserves of the city in like manner as though he had arrived at the age of transfer to the reserve list of the department.

C. Payment Of Police Reserves:

1. Whenever any police officer shall, from age or disability, become transferred from the active list of the police officers of the city to the reserve list of the city, he shall thereafter be paid in monthly payments from the funds in this chapter provided, a sum equal to one-half (1/2) the salary he was receiving during the year prior to the time he passed to the police reserve list.
2. Upon the death of any police officer of the city, his/her surviving, dependent spouse, if there be such a surviving spouse, shall, as long as said spouse remains his/her spouse, be paid from the police reserves fund a sum equal to one-half (1/2) the salary such police officer was receiving during the year prior to the time such police officer passes to the police reserve list. If such police officer shall leave any dependent minor children, then upon the death of such police officer, provided he/she leaves no surviving spouse, or upon the death or remarriage of his/her spouse, then the surviving dependent minor children, collectively, if there be more than one dependent minor child, shall be paid the same monthly payments as are herein provided to be paid to the surviving spouse, until such minor child or minor children shall have attained the age of eighteen (18) years or shall have married; provided further, that the payments herein provided for be made to the surviving spouse and/or children shall not be made if such payments will require an increase in the millage tax levy now provided for by subsection 6-1-15A of this chapter.
3. Payments as herein provided for, to be made to any minor child of police officers, shall be paid to the duly appointed, qualified and acting guardian of such child for the use of the minor until the minor shall have reached the age of eighteen (18) years or shall have married. In case there is more than one minor child, upon each such child reaching the age of eighteen (18) years, the pro rata payments to such child shall cease and shall be made to the remaining minor children until the youngest child shall reach the age of eighteen (18) years or shall have married.
4. The term "police officer", as used herein, shall include all those on the reserve list as well as "active police" and/or "police officers". (Ord. 2.20; amd. 2006 Code)

D. State Law Controlling: Nothing in this section shall be construed as conflicting with state law. Any part of this section that conflicts with state law shall be null and void; the remaining parts of this section not in conflict with state law shall remain in full force and effect. (2006 Code)

6-1-15: FUND FOR SALARIES OF OFFICERS ON RESERVE LIST:

A. Tax Levy:

1. For the purpose of paying the salaries of police officers who have been placed upon the reserve list, the city council shall, in the manner provided by law, and at the time of the levy of the annual tax, levy a special tax of not to exceed one mill on the dollar upon the assessed valuation of all taxable property within the limits of the city, which tax shall be collected as other taxes and, when so collected, shall be paid into the fund created for the payment of such salaries of police officers upon the reserve list.
2. However, in case the demand against such fund shall be heavier than the levy can provide, then and in such case, such additional levy of not to exceed one mill may be made until such returns from the first mill levy are sufficient to meet the demand.

B. Salary Deductions: The city clerk-treasurer shall retain from the monthly salary of all police officers upon the active list a sum equal to three percent (3%) of the monthly compensation paid each officer for his services as such police officer. The said monthly deduction from the salaries of such police officers shall be paid into the fund created by the tax levy for the purpose of paying the salaries of police officers upon the reserve list.

C. Gifts And Monies Applied To Fund: All monies withheld from salaries of police officers for the violation of rules and regulations of the police department, all bequests, gifts or emoluments paid or given on account of any extraordinary service of any member of the police department, except when specifically allowed to be retained by such officer by the mayor and chief of police, and all monies derived from the provisions of this chapter shall be placed in the fund created by the tax levy of taxable property and percentum of salaries withheld from such police officers.

D. Investment Of Fund: All monies in said fund in excess of such amount as shall be deemed necessary from time to time to meet current payments to reserve police officers shall be invested as hereinafter provided, and all interest on any and all monies belonging to said fund from whatever source derived shall belong to and be paid into said fund. (Ord. 2.20)

E. Trustees Of Fund:

1. Appointment; Term: A board of trustees of said fund is hereby created, which board shall consist of the mayor, city clerk-treasurer and city attorney, and two (2) members of the police department from the active list who shall be selected by a majority vote of the members of the police department on said active list, who shall serve for a term of two (2) years, except as hereinafter provided. Upon the effective date hereof, the two (2) members of the police department shall be selected as herein provided, one to be selected for a term of two (2) years, the other for one year. A certificate of the election of the members of the police department selected for the board of trustees shall, upon such selection being made, be certified to the city clerk-treasurer by the chairman and secretary of the meeting at which selection was made. (Ord. 2.20; amd. 2006 Code)
2. Auditing Of Fund; Investment; Report On Retirement: The board of trustees of the fund shall audit the same from time to time at least twice during each year and report the condition of said fund annually to the city council on or before April 1 of each year. The board of trustees shall invest the monies in said fund from time to time as may be directed by the city council, but the monies in said fund shall not be invested in anything other than bonds of the United States or of the state of Montana, or bonds or warrants of the city of Cut Bank which are general liabilities of the whole city. The trustees shall make sale of such bonds or securities when desirable and as directed by the city council. All such bonds and warrants shall be deemed part of the fund and shall be kept in the possession of the city clerk-treasurer, and the clerk-treasurer shall be responsible therefor in the same manner as he is for all other monies or funds of the city. Before any member of the police department is placed on the reserve list by the city council, the board of trustees of the fund shall report to the city council in writing their recommendations as to whether or not such member shall be placed upon the reserve list.

F. Limit Of Use Of Fund: The fund shall not be used for any purpose whatsoever other than the payment to members of the police department on the reserve list of the amounts to which they are entitled under the provisions of this chapter. (Ord. 2.20)

6-1-16: FUND FOR SALARIES OF OFFICERS ON RESERVE LIST:

The police department of the city of Cut Bank, Montana, shall be under, subject to and within the provisions of the municipal police officers' retirement system (statewide plane) laws of the state of Montana, as set forth in Montana Code Annotated sections 19-9-101 through 19-9-1102, inclusive, and all amendments thereto. The said police department retirement systerm shall be managed, conducted, governed and controlled as in said state law and this section. (Ord. 2007-02, 9-10-2007, eff. 9-30-2007):

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CHAPTER 2

VOLUNTEER FIRE DEPARTMENT

ARTICLE A: REGULATIONS AND RESTRICTIONS DURING FIRES [Section 7-2-11]:

6-2A-1: COMMAND AT FIRES [Section 6-2-5:
6-2A-2: ORDER CLOSURE OF BUSINESSES:
6-2A-3: RIGHT OF WAY OF EMERGENCY VEHICLES:
6-2A-4: FOLLOWING FIRE APPARATUS; STOPPING NEAR FIRE:
6-2A-5: VIOLATIONS; PENALTIES:
6-2A-6: STATE LAW CONTROLLING:

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6-2-4: CONTROL OF EQUIPMENT:

All equipment furnished by the city shall be under the personal control of the chief of the department, subject to the orders of the council. The chief shall file with the city clerk-treasurer receipts for all property committed to his custody and shall be held responsible for the ordinary care of said property until the same shall be surrendered or until he shall file a receipt from his successor in office. (Ord. 2.24)

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6-2-5: COMMAND OF DEPARTMENT AND PROPERTY [Chapter 2, Article A] :

1. Benefits shall only be allowed on the recommendation of the board of trustees, or a majority thereof, approved by the city council. Whenever the board of trustees shall recommend to the council the payment of any benefit to any member of the fire department, disabled in the line of duty, the recommendation shall be in writing, stating the name of the beneficiary; the character of the disability; when, where and how received; and the amount to be allowed and paid the said beneficiary. The benefit paid to any member of the fire department shall amount to the loss of salary and reasonable cost of medicine and medical services incurred by any such member on account of said disability, and in the event of any member of the fire department becoming disabled for life, or suffering death in the line of duty, the board of trustees of the fund may, subject to the approval of the council in each instance, make a suitable allowance to such member or his heirs.
2. The rates governing the payment of benefits under this section shall be determined by the city council. (Ord. 2.28; amd. 2006 Code)

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ARTICLE A: REGULATIONS AND RESTRICTIONS DURING FIRES:

6-2A-1: COMMAND AT FIRES [Section 6-2-5]: 

The chief of the fire department, and in his absence, the assistant chief of the fire department, shall have sole and absolute control and command over all other members of the department and all other persons present at fires and the movement of all persons or property within the streets in the area threatened by fire. The firefighter or officer of the fire department who first arrives at a fire shall be the officer in command until the chief or assistant chief of the fire department arrives. (Ord. 8.04)

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6-2A-2: ORDER CLOSURE OF BUSINESSES:

The chief of the fire department, or in this absence, the assistant chief of the fire department, shall have power during any fire, and while the fire department is engaged in putting out any fire or caring for property at any fire, to order any place of business in the vicinity of said fire closed for such length of time as deemed necessary, and any person refusing to comply with such order shall be guilty of a misdemeanor and, on conviction, shall be fined as provided in section 1-4-1 of this code. (Ord. 8.04; amd. 2006 Code)

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6-2A-3: RIGHT OF WAY OF EMERGENCY VEHICLES:

A. "Authorized emergency vehicles", by which term is meant fire apparatus and fire vehicles, vehicles of the police department and ambulances and any other vehicle deemed an "authorized emergency vehicle" by the state, shall have the right of way over other vehicles. (Ord. 8.04; amd. 2006 Code)

B. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of Montana Code Annotated section 61-9-402 or of a police vehicle properly and lawfully making use of an audible signal only, the operator of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle or police vehicle has passed, except when otherwise directed by a police officer or highway patrol officer.

C. Upon approaching a stationary authorized emergency vehicle or police vehicle that is displaying visible signals of flashing or rotating amber, blue, red, or green lights, the operator of the approaching vehicle shall:

1. Reduce the vehicle's speed, proceed with caution, and, if possible, considering safety and traffic conditions, move to a lane that is not adjacent to the lane in which the authorized emergency vehicle or police vehicle is located or move as far away from the authorized emergency vehicle or police vehicle as possible; or
2. If changing lanes is not possible or is determined to be unsafe, reduce the vehicle's speed, proceed with caution, and maintain a reduced speed, appropriate to the road and the conditions, through the area where the authorized emergency vehicle or police vehicle is stopped. (2006 Code)

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6-2A-4: FOLLOWING FIRE APPARATUS; STOPPING NEAR FIRE:

The operator of a vehicle, other than one on official business, may not follow a fire apparatus traveling in response to a fire call closer than five hundred feet (500') or drive into or stop the vehicle within five hundred feet (500') of where the fire apparatus has stopped in answer to a fire call. (Ord. 8.04; amd. 2006 Code)

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6-2A-5: VIOLATIONS; PENALTIES:

A. Violation Of Provisions; Penalties:

1. It is a misdemeanor for a person to violate any of the provisions of this article unless the violation is declared to be a felony.
2. Each person convicted of a misdemeanor for a violation of any of the provisions of this article for which another penalty is not provided shall be subject to penalty pursuant to Montana Code Annotated section 61-8-711.
3. Except as provided in subsection A4 of this section, failure to pay a fine imposed under this chapter is a civil contempt of the court. On failure of payment of a fine, the court may:

a. Order enforcement of the fine by execution in the manner provided in Montana Code Annotated section 25-13-204 and under the provisions of Montana Code Annotated title 25, chapter 13; or
b. If the court finds that the person is unable to pay, order the person to perform community service.

4. If property is not found in an amount necessary to satisfy the unpaid portion of the fine and if the court makes a written finding that community service is inappropriate, the person shall be imprisoned in the county jail and the imprisonment shall be the number of days that the fine is divisible by the dollar amount of the incarceration credit contained in Montana Code Annotated section 46-18-403.
5. Upon conviction, the court costs or any part of the court costs may be assessed against the defendant in the discretion of the court. (Ord. 395, 9-15-1997; amd. 2006 Code)

B. Offenses Committed By Underage Persons: A person under eighteen (18) years of age who is convicted of an offense under this article shall not be punished by incarceration, but shall be punished by:

1. A fine not to exceed the fine that could be imposed on him if he were an adult; provided, that such person may not be imprisoned for failure to pay such fine;
2. Revocation of his driver's license by the court or suspension of the license for a period set by the court, not less than thirty (30) days;
3. Impoundment, by a law enforcement officer designated by the court, of the motor vehicle operated by the person for a period of time not exceeding sixty (60) days if the court finds that he either owns the vehicle or is the only person who uses the vehicle; or
4. Any combination of subsections B1 through B3 of this section. (Ord. 395, 9-15-1997)

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6-2A-6: STATE LAW CONTROLLING:

Nothing in this article shall be construed as conflicting with state law. Any part of this article that conflicts with state law shall be null and void; the remaining parts of this article not in conflict with state law shall remain in full force and effect. (2006 Code)

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CHAPTER 3

ANIMAL CONTROL

ARTICLE A: DOGS:
6-3A-1: ANIMAL CONTROL OFFICER; POUND ESTABLISHED:
6-3A-2: DEFINITIONS:
6-3A-3: LICENSE AGENTS:
6-3A-4: REGISTRATION AND VACCINATION REQUIRED; REGISTRATION FEE:
6-3A-5: TAG AND COLLAR:
6-3A-6: RUNNING AT LARGE PROHIBITED:
6-3A-7: ANIMALS EXPOSED TO RABIES:
6-3A-8: NUISANCE ANIMALS:
6-3A-9: VICIOUS DOGS:
6-3A-10: CARE OF IMPOUNDED ANIMALS:
6-3A-11: IMPOUNDMENT AND REDEMPTION PROVISIONS:
6-3A-12: TEASING OR UNAUTHORIZED RELEASE OF DOGS:
6-3A-13: NUMBER OF DOGS; ANNUAL SURCHARGE:
6-3A-14: KENNEL LICENSES:
6-3A-15: CLEANUP AND DISPOSAL OF FECES:
6-3A-16: VIOLATION; PENALTY:

ARTICLE B: LIVESTOCK AND DOMESTIC FOWL:
6-3B-1: LIVESTOCK PROHIBITED:
6-3B-2: DOMESTIC FOWL RESTRICTED:

ARTICLE A: DOGS:

6-3A-1: ANIMAL CONTROL OFFICER; POUND ESTABLISHED:

There shall be appointed by the mayor, by and with the advice and consent of the city council, an animal control officer, who shall establish and maintain a pound. (Ord. 7.00; amd. 2006 Code)

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6-3A-2: DEFINITIONS:

As used in this article, unless the context otherwise indicates, the following words and terms shall have the meanings ascribed to them in this section:

AT LARGE: Off the premises of the owner and not under the control of the owner or a member of his immediate family or a person authorized by the owner, either by leash, cord, chain or other restraining device.

CONTROL: Controlled by a leash, of a length of no greater than ten feet (10') 11 , held by a person physically capable of controlling the dog, or within the limits of the premises controlled by the owner or other persons consenting thereto, or inside a vehicle or other enclosure, including adequately fenced property, controlled by the owner or other persons consenting thereto.

DOG: Shall be intended to mean both male and female.

IMPOUND FEE: The amount of twenty dollars ($20.00) or any other dollar amount as set by the Cut Bank city council from time to time by resolution, ordinance or other legislative means duly enacted, for an owner or keeper of any dog impounded by the Cut Bank animal control officer or city police officer to redeem his/her dog prior to release of the dog from impoundment.

LICENSING AUTHORITY: The Cut Bank city council.

OWNER: Any person or persons, firm, association partnership, corporation or other legal entity owning, keeping or harboring a dog and shall include those persons caring for a dog in the absence of the regular owner.

SURRENDER FEE: The amount of twenty five dollars ($25.00) or any other dollar amount as set by the Cut Bank city council from time to time by resolution, ordinance or other legislative means duly enacted where an owner wishes to relinquish ownership of a dog or refuse to claim said dog from the city. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-3: LICENSE AGENTS:

A. "Authorized emergency vehicles", by which term is meant fire apparatus and fire vehicles, vehicles of the police department and ambulances and any other vehicle deemed an "authorized emergency vehicle" by the state, shall have the right of way over other vehicles. (Ord. 8.04; amd. 2006 Code)

B. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of Montana Code Annotated section 61-9-402 or of a police vehicle properly and lawfully making use of an audible signal only, the operator of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle or police vehicle has passed, except when otherwise directed by a police officer or highway patrol officer.

C. Upon approaching a stationary authorized emergency vehicle or police vehicle that is displaying visible signals of flashing or rotating amber, blue, red, or green lights, the operator of the approaching vehicle shall:

1. Reduce the vehicle's speed, proceed with caution, and, if possible, considering safety and traffic conditions, move to a lane that is not adjacent to the lane in which the authorized emergency vehicle or police vehicle is located or move as far away from the authorized emergency vehicle or police vehicle as possible; or
2. If changing lanes is not possible or is determined to be unsafe, reduce the vehicle's speed, proceed with caution, and maintain a reduced speed, appropriate to the road and the conditions, through the area where the authorized emergency vehicle or police vehicle is stopped. (2006 Code)

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6-3A-4: REGISTRATION AND VACCINATION REQUIRED; REGISTRATION FEE:

A. Requirements; Fees: All dogs kept, harbored or maintained in the city shall be vaccinated and registered on or before April 15 of each year. Registration tags shall be issued by the city clerk-treasurer upon proof of vaccination for rabies and upon payment of a registration fee of five dollars ($5.00) per year for every spayed female or neutered male dog. Nonspayed female dogs or nonneutered male dogs shall have a registration fee of ten dollars ($10.00) per year. Should said license fee not be paid on or before April 15 annually, then said license fee shall be deemed delinquent, and in the event that the license fee hereby levied becomes delinquent, the license agent shall cause to be levied and collected, in addition to the license fee above set forth, a ten dollar ($10.00) delinquent fee. The owner shall state at the time of application for registration and upon printed forms provided for such purpose his/her name, address, and the name, breed, color, and sex of each dog owned or kept by him. Proof of vaccination shall consist of a certificate of vaccination from a registered, licensed, and practicing veterinarian, after which the license agent shall issue the registration tag upon payment of the registration fee hereinabove set forth. The penalty shall not apply to new registrations.

B. Exemptions: The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents, temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor to guide dogs properly trained to assist persons with disabilities when such dogs are actually being used for the purpose of aiding them in going from place to place, or to trained dogs utilized for law enforcement purposes. However, upon request from the animal control officer or any city law enforcement officer, the owner shall provide proof of vaccination, as required herein. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-5: TAG AND COLLAR:

A. Issuance Of Tag: Upon proof of vaccination and payment of the registration fee as provided herein, the license agent shall issue to the owner a registration certificate and metallic tag for each dog so registered. The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and a number corresponding with the number of the certificate. A green tag shall be issued for a male, a red tag for a female, a yellow tag for a spayed female, and a blue tag for a neutered male.

B. Collar: It is recommended that every owner shall provide his/her dog with a collar to which the license tag may be affixed, and the owner shall be responsible to see that the collar and tag are constantly worn.

C. Fee For Replacement Tags: In case the tag is lost or destroyed, a duplicate will be issued by the license agent upon payment of a fee of two dollars ($2.00).

D. Nontransferability Of Tags: The license tags shall not be transferable from one dog to another. (Ord. 7.04, 11-19-2001)

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6-3A-6: RUNNING AT LARGE PROHIBITED:

No dog may run at large, and any owner or keeper of any dog found to be running at large at any time within the corporate limits of the city, whether such dog be registered or unregistered, shall be under strict liability, found guilty of a misdemeanor and subject to the penalties specified in section 6-3A-16 of this article. Any animal found running at large shall be subject to the impoundment provisions of section 6-3A-11 of this chapter. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-7: ANIMALS EXPOSED TO RABIES:

Every dog or other animal which has been bitten by, or exposed to, any animal suspected to have been infected with rabies shall be forthwith seized and taken up by the animal control officer or any other law enforcement officer and securely and separately impounded. All such animals shall be quarantined in the pound or at a licensed veterinary hospital for a period of fourteen (14) days. It shall be the duty of the person seizing such dog to notify the county public health officer of every such animal impounded. If, after observation under the supervision of the county public health office for such period, any such animal is adjudged free of rabies, the owner may reclaim the animal, upon payment of the regular keeping fees, the surrender fee, and upon compliance with the licensing requirements. In the event that any animal under quarantine is diagnosed as being rabid, it shall be disposed of only under the orders and directions of the county public health officer in his absolute discretion. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-8: NUISANCE ANIMALS:

A. Acts Declared Nuisance: It is hereby declared a public nuisance for any dog or other animal to destroy property or injure other pets; to bite or chase after persons not trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner; to chase vehicles in public streets or ways; or to howl, yelp or bark for a prolonged period of time.

B. Issuance Of Tickets; Filing Complaints:

1. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal, and it shall be the duty of the animal control officer and any other law enforcement officer to issue tickets and file complaints for all such violations occurring in their presence.
2. Any person aggrieved by a nuisance animal may file a written statement with the animal control officer or any other law enforcement officer charging the owner with the violation of this section, where the offense is not committed in the presence of the animal control officer or any other law enforcement officer.
3. The animal control officer or any other law enforcement officer shall then investigate the matter and if, in their discretion, they feel a complaint is warranted, file said complaint in city court.

C. Third Conviction; Seizure Of Animal: Upon a third conviction under this section, the nuisance animal shall be seized and taken up by the animal control officer or any other law enforcement officer. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-9: VICIOUS DOGS:

A. Definitions:

VICIOUS ANIMAL: Any dog with one or more convictions within subsection C of this section.

VICIOUS BEHAVIOR: Behavior of any dog which demonstrates any or all of the following behaviors:

1. An attack which requires a defensive action by any person or animal to prevent bodily injury and/or property damage, or which results in bodily injury or property damage, in a place where such person or animal is conducting himself peaceably and lawfully.
2. Any animal with a known propensity, tendency or disposition to attack unprovoked, as evidenced by its habitual or repeated chasing, snapping, or barking at human beings or domestic animals so as to potentially cause injury or to otherwise endanger their safety.

B. Complaint; Consequences:

1. Compliant Filed; Surrender And/Or Impoundment Of Dog: Whenever a verified complaint shall be filed with the city judge that any dog has bitten a person, and that the person bitten was not, at the time, trespassing upon the property of or injuring or attempting to injure the person, family or property of the owner, or teasing the dog, the city judge shall issue an order requiring the owner of such dog to surrender the same to the animal control officer or any other law enforcement officer for quarantine within twenty four (24) hours after service of the order. Such order may be served by the animal control officer or any other law enforcement officer, and if the owner cannot be found at his place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in, a prominent place on every door of such residence. It is unlawful for any person to refuse or neglect to surrender any such dog within twenty four (24) hours after the service of such order herein provided, and the animal control officer or any other law enforcement officer shall forthwith seize and impound such animal. In the event that the owner is unknown, upon the filing of such verified complaint, the animal control officer or any other law enforcement officer shall seize and impound such animal without notice.
2. Period Of Quarantine: All dogs impounded under this subsection shall be quarantined at the shelter or at a licensed veterinary hospital for the period and under the same conditions as stated in section 6-3A-7 of this article.

C. Standards And Requirements For Owner Of Vicious Dog: Any person or owner, keeper or harborer of a "vicious animal" as defined in subsection A of this section, within the municipal limits of the city, shall be subject to the following standards:

1. Leash And Muzzle: No person shall permit a vicious animal to go outside its kennel or pen unless such vicious animal is securely leashed with a leash no longer than four feet (4') in length. No person shall permit a vicious animal to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control of the leash and capable of physically controlling the animal. Such vicious animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious animals on a leash outside the animal's kennel shall at all times be muzzled by a muzzling device sufficient to prevent such vicious animal from biting persons or other animals.
2. Confinement:
   a. All vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in subsection C1 of this section. Such pen, kennel or structure shall have secure sides and a secure top attached to the sides. All structures used to confine vicious animals shall be locked with an adequate lock when such animals are within the structure. Such structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen shall be embedded in the ground not less than two feet (2'). All structures erected to house vicious animals shall comply with all zoning and building regulations of the city. All such structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
   b. No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the vicious animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious animal from exiting the structure.
3. Signs: All owners, keepers or harborers of vicious animals within the city shall display in a prominent place on their premises a sign easily readable by the public using the words "Danger, Vicious Animal". In addition, a similar sign is required to be posted on the kennel or pen of such animal.
4. Identification Photographs: All owners, keepers or harborers of vicious animals shall provide to the city court clerk two (2) color photographs of the animal clearly showing the color and approximate size of the animal.
5. Reporting Requirements: All owners, keepers or harborers of vicious animals shall, within ten (10) days of the incident, report the following information, in writing, to the animal control officer or city court clerk
   a. The removal from the city or death of the vicious animal;
   b. The new address of the vicious animal owner, should the owner move within the corporate city limits.
6. Rebuttable Presumptions: There shall be a rebuttable presumption that any "vicious animal", as defined in subsection A of this section, within the city limits is in fact an animal subject to the requirements of this section.
7. Failure To Comply: It shall be unlawful for the owner, keeper or harborer of a vicious animal within the city limits to fail to comply with the requirements and conditions set forth in this subsection. Any vicious animal found to be the subject of a violation of this subsection shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal, resulting in the immediate removal of the animal from the city.
8. Violations And Penalties: Any person violating or permitting the violation of any provision of this subsection shall, upon conviction in city court, be fined a sum not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. A mandatory twenty four (24) hour sentence will be imposed. In addition, the court shall order the vicious animal removed from the city. Should the defendant refuse to remove the vicious animal from the city, the city court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this subsection continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this subsection shall pay all expenses, including shelter, food, handling, veterinary care, and testimonial expenses, necessitated by the enforcement of this subsection. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-10: CARE OF IMPOUNDED ANIMALS:

It shall be the duty of the animal control officer to receive into the pound all animals brought in pursuance of the provisions of this article and to take care of and properly feed all impounded animals. (Ord. 7.00)

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6-3A-11: IMPOUNDMENT AND REDEMPTION PROVISIONS:

A. Impoundment

1. It shall be the duty of every animal control officer or other law enforcement officer to attempt to apprehend any dog found running at large contrary to the provisions of this article and to impound such dog in the city shelter or other suitable place.
2. The animal control officer or other law enforcement officer shall, upon receiving any dog, make a complete registry, entering the breed, color and sex of such dog and the number of the registration tag, if known.

B. Notice Of Impoundment; Redemption: Not later than two (2) days after the impounding of any dog, the owner shall be notified, in writing or by telephone, or if the owner of the dog is unknown, written notice shall be posted for four (4) days at three (3) or more conspicuous places in the city, describing the dog and the place and time of taking. The owner of any dog so impounded may reclaim such dog upon proof of compliance with rabies vaccination provisions as provided in section 6-3A-4 of this article, and upon payment of all costs and charges incurred by the city for impounding and maintenance of such dog, and upon purchasing a license for said impounded dog, if that dog had not been licensed prior to capture. In no event shall any owner be allowed to redeem the dog without paying a surrender fee 12 in addition to the above referenced costs and charges. The surrender fee, daily impound fees and all other such costs incurred by the city shall be billed at rates established periodically by the city council 13 .

C. Disposition Of Unclaimed Or Infected Dogs:

1. It shall be the duty of the animal control officer to keep all dogs so impounded for a period of four (4) days. If, at the expiration of four (4) days from the date of notice to the owner or of the posting of notice, such dog shall not have been redeemed, whether registered or not, it may be destroyed or adopted out subject to any surrender fees which may apply and any adoption fees as established in this code or by resolution. If the dog is adopted out, the provisions of Montana Code Annotated section 7-23-4202 shall apply.
2. Any dog which appears to be suffering from rabies, hydrophobia, mange, or other infectious or dangerous disease shall not be released, but may be forthwith destroyed.
3. No dog of fierce, dangerous or vicious propensities, and no female in heat shall be released from confinement, except upon approval of the animal control officer and after payment of all applicable fees and charges. (Ord. 7.04, 11-19-2001; amd. 2006 Code)

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6-3A-12: TEASING OR UNAUTHORIZED RELEASE OF DOGS:

It shall be unlawful for any person to tease, harass, or torture by any means any dog which is within the city limits. It shall further be unlawful for any person to intentionally release any dog from the premises of the owner or to, in any manner or by any means, lure such dog from the premises of the owner or the property, vehicle, or enclosure in which such dog is contained. (Ord. 7.04, 11-19-2001)

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6-3A-13: NUMBER OF DOGS; ANNUAL SURCHARGE:

Any person or family that keeps, harbors or maintains in or upon the same premises more than three (3) dogs over twelve (12) months of age shall pay an annual surcharge in the following amounts over and above normal registration fees:

Number Of Dogs	Surcharge Amount
1 to 3	None
4	$  25.00
5	$  50.00
6+	$100.00

(Ord. 704, 11-19-2001)

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6-3A-14: KENNEL LICENSES:

A. License Required: A kennel license shall be required by any owner who wishes to maintain more than two (2) dogs for commercial purposes for boarding, training or breeding.

B. Inspection: The intended facilities shall be inspected by the animal control officer upon initial application and annual renewal, such inspection to include the physical facilities as well as assessment as to the effect such facility may have on the neighborhood.

C. Recommendation: Following the inspection, the animal control officer will recommend to the licensing authority either approval or disapproval of the application.

D. Fee: There shall be an annual kennel fee of one hundred dollars ($100.00), with the number of dogs being specified in the initial application and any application for renewal.

E. Zoning: Kennels may be allowed in all zoned areas inside the city limits.

F. Renewals: Licenses shall be renewed within thirty (30) days of the expiration date, or the application will be treated as a new application. In any event, the license shall expire on December 31 of each year, no matter when obtained during the year. In the event a kennel license is renewed, and there is no increase in the number of dogs stated in the application upon which the renewal is based, then consent is unnecessary for such renewal. In the event there is an increase in the number of dogs, a new application shall be submitted to the city for approval for the license to be renewed.

G. Exclusions: No fee may be required of any veterinary hospital, city owned animal shelter, or government zoological park.

H. Separate Facilities: Every facility regulated by this section shall be considered a separate enterprise and shall have an individual license. (Ord. 7.04, 11-19-2001)

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6-3A-15: CLEANUP AND DISPOSAL OF FECES:

Any owner or caretaker of any dog(s) shall be responsible for cleanup and proper disposal of any and all feces deposited on any public or private properties within the city limits. (Ord. 7.04, 11-19-2001)

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6-3A-16: VIOLATION; PENALTY:

Violation of any part of this article, except as otherwise herein set forth concerning "vicious animals", shall constitute a misdemeanor, and any owner or other person found guilty of violating any provisions of this article shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. For each subsequent offense occurring within the same calendar year involving the same dog, the fine shall be doubled over that amount imposed for the prior offense, but in no case shall the fine exceed five hundred dollars ($500.00). (Ord. 7.04, 11-19-2001)

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ARTICLE B: LIVESTOCK AND DOMESTIC FOWL:

6-3B-1: LIVESTOCK PROHIBITED:

A. Definition: Wherever the word "livestock" is used in this section, it shall include, but not be limited to, all animals of the horse, mule, sheep, goat and swine varieties or species. (Ord. 7.12; amd. 2006 Code)

B. Prohibited Acts:

1. Livestock Stable Or Enclosure: It shall be unlawful for any person, association, corporation, partnership or any thereof to hereafter maintain, erect, build or in any way establish any stable, building, structure or enclosure of any kind, including fences and corrals, for the housing or confining of livestock within the corporate limits of the city.
2. Maintaining Livestock: It shall be unlawful for any person, association, corporation or partnership to allow any property owned by them to be used primarily for feeding, grazing or otherwise keeping and maintaining livestock within the corporate limits of the city.
3. Use Of Property For Grazing: It shall be unlawful for any person, association, corporation or partnership to use any property within the corporate limits of the city primarily for the purpose of feeding, grazing or otherwise keeping or maintaining livestock within the corporate limits of the city. (Ord. 7.12)

C. Penalty: Any person, association, corporation or partnership found guilty of violating any provisions of this section shall be punishable as provided in section 1-4-1 of this code. (Ord. 7.12; amd. 2006 Code)

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6-3B-2: DOMESTIC FOWL RESTRICTED:

It shall be unlawful for the owner or keeper of any domestic fowl, such as turkeys, ducks, geese, or chickens, to permit such fowl to trespass upon the premises of another or upon any of the streets, avenues or boulevards within the city. Such owner or keeper, if permitting said fowl to so trespass, shall, on conviction, be fined in any sum not exceeding one hundred dollars ($100.00). (Ord. 7.08)

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CHAPTER 4

MINORS

A. Age And Hour Restrictions:

1. Minors Between Fourteen And Eighteen Years Of Age: It shall be unlawful for any minor who is fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years of age to be present in or upon the public streets, avenues, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, cafes, theaters and other places of amusement and entertainment, and vacant lots or other unsupervised places during the following times:
   a. Summer Curfew: Between the hours of eleven thirty o'clock (11:30) P.M. and six o'clock (6:00) A.M. of the next day on Sunday, Monday, Tuesday, Wednesday and Thursday of each and every week, and between the hours of twelve thirty o'clock (12:30) A.M. and six o'clock (6:00) A.M. on Saturday and Sunday of each and every week in the months of June, July and August of each year.
   b. School Year Curfew: Between the hours of ten thirty o'clock (10:30) P.M. and six o'clock (6:00) A.M. of the next day on Sunday, Monday, Tuesday, Wednesday and Thursday of each and every week, and between the hours of twelve thirty o'clock (12:30) A.M. and six o'clock (6:00) A.M. on Saturday and Sunday of each and every week in the months of January, February, March, April, May, September, October, November and December of each year.

B. Responsibility Of Parent Or Guardian:

1. 1. It shall be unlawful for a parent, guardian or other adult person having the care and custody of a minor to allow or permit a minor to violate the provisions of subsection A of this section.
2. In any prosecution under this subsection, it shall not constitute a defense thereto that the parent, guardian or other adult person having the care and custody of a minor did not have knowledge that such minor was in violation of the provisions of this section.

C. Exceptions: Provided, however, that the provisions of subsection A of this section shall not apply in the following instances:

1. To a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor;
2. To a minor while engaged in any gainful occupation or employment for his or her livelihood or part of his or her livelihood nor while going to and from such employment; and
3. To any minor who is living with his parents or one of them, or guardian, or with any foster parent or parents, who is absent from his home during the prohibited hours, if such minor shall carry with him upon his person the written permission of his parent, parents, guardian or foster parents, to be absent from his home, except when the above is due to gainful employment as mentioned in subsection C2 of this section.

D. Violations; Penalties:

1. Each violation of the provisions of this section shall constitute a separate offense.
2. A minor violating the applicable provisions of this section shall be guilty of a misdemeanor and shall be dealt with in accordance with the laws of the state regarding crimes and offenses committed by juveniles, being persons under eighteen (18) years of age. (Ord. 10.08)
3. Any parent, guardian or other adult having the care and custody of a minor violating the provisions of this section shall, upon trial and conviction thereof, be punished as provided in section 1-4-1 of this code. (Ord. 10.08; amd. 2006 Code)

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CHAPTER 5

FIREWORKS

It is unlawful to sell, use, or explode "fireworks", as defined in Montana Code Annotated section 50-37-101, within the city at any time. (Ord. 387, 6-15-1992; amd. 2006 Code)

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6-5-2: VIOLATION; PENALTIES:

Any person, firm, partnership, association, or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or, in the case of individuals, the members of a partnership, and the responsible officers and agents of an association or corporation, by imprisonment in the county jail for a period of not less than thirty (30) days nor more than six (6) months, or by both such fine and imprisonment. (Ord. 387, 6-15-1992; amd. 2006 Code)

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