CHAPTER 1: STATE TRAFFIC LAWS; ADMINISTRATION

CHAPTER 2: GENERAL VEHICLE AND TRAFFIC PROVISIONS

CHAPTER 3: PARKING REGULATIONS

CHAPTER 4: BICYCLES AND SNOWMOBILES

CHAPTER 5: ABANDONED VEHICLES

CHAPTER 6: TRAFFIC LAWS ENFORCEMENT; PENALTIES

CHAPTER 1

STATE TRAFFIC LAWS; ADMINISTRATION

A. All of the sections in the uniform act regulating traffic on highways found in Montana Code Annotated title 61, chapters 1 through 13 in its entirety, and any and all acts supplementary thereto and amendatory thereof are hereby adopted in their entirety as traffic ordinances of the city.

B. The city agrees to, and it is hereby bound by, the terms and conditions of the agreement, marked exhibit A, attached to ordinance 320 on file in the office of the city clerk-treasurer, and for all purposes made a part hereof. (Ord. 12.04; amd. 2006 Code)

7-1-2: POLICE DEPARTMENT AUTHORITY:

The police department of the city is hereby authorized and directed to direct traffic within the city, and to make and enforce any regulations necessary to facilitate the unhampered and unimpaired flow of traffic in the city. (Ord. 12.01, 8-7-2000)

7-1-3: UNLAWFUL OPERATION OF VEHICLES BY CHILDREN:

A. Definition Of Motor Vehicle: A "motor vehicle" is every vehicle which is self-propelled and in, upon or by which any person or property is, or may be, transported or drawn upon the streets, avenues, alleys and highways within the city, except devices moved by human power or used exclusively upon stationary rails or tracks.

B. Original Jurisdiction Of City Court: The city court is hereby vested with original jurisdiction in all proceedings concerning the unlawful operation of motor vehicles by children under the age of eighteen (18) years.

C. Summons: Whenever any child under the age of eighteen (18) years shall unlawfully operate a motor vehicle in the presence of any officer of the police department, such officer may deliver to said child a form of summons describing the nature of the offense, with instructions thereof to report to the city court; and the court shall be informed thereof by the delivery of a copy of said summons to the probation officer of Glacier County, who shall in turn deliver the same to the judge of said court. (Ord. 10.04)

CHAPTER 2

GENERAL VEHICLE AND TRAFFIC PROVISIONS

1. In Montana Code Annotated title 61, chapters 3 and 4, "vehicle" means "motor vehicle" as defined in Montana Code Annotated section 61-1-102.
2. In Montana Code Annotated title 61, chapter 8, part 4, "vehicle" does not include a "bicycle" as defined in Montana Code Annotated section 61-1-123.
3. In Montana Code Annotated title 61, chapter 8, part 4, except sections 61-8-440 through 61-8-442, "vehicle" includes a "snowmobile". (2006 Code)

1. First Street Northwest and First Street Northeast are hereby designated through streets and all traffic on avenues intersecting First Street Northwest and First Street Northeast shall come to a complete stop prior to entering First Street Northwest and First Street Northeast.
2. Second Street Northeast is hereby designated a through street and all traffic on First, Second, Third, Fourth, Fifth and Sixth Avenues Northeast intersecting Second Street Northeast shall come to a complete stop prior to entering Second Street Northeast.
3. Second Street Southeast and Second Street Southwest are hereby designated through streets, and all traffic intersecting Second Street Southeast and Second Street Southwest shall come to a complete stop prior to entering Second Street Southeast and Second Street Southwest.

D. Stopping Of Vehicles, Other Conveyances:

1. All vehicles and other conveyances to which this chapter applies, when approaching the above designated through or arterial streets, shall come to a full and complete stop before entering said through or arterial street or avenue.
2. No vehicles, conveyances or animals being ridden by a rider shall enter such through or arterial street or avenue until they can do so without impeding or interfering with the progress of other vehicles, conveyances or riders proceeding along aforesaid streets or avenues.

E. One-Way Streets: The following streets and avenues and parts of streets and avenues are hereby designated as one-way streets:

1. Fourth Avenue Southwest between East Main Street and First Street Southwest where all vehicles shall travel only in a southwesterly direction. (Ord. 12.01, 8-7-2000)

1. During the school year, normally between September and June, at the intersection of First Street Southeast and Third and Fourth Avenues Southeast, all eastbound/westbound and northbound/southbound traffic; during such time, these intersections will be posted for a four-way stop.
2. During the school year, normally between September and June, on Monday through Friday, and during the school hours, normally eight o'clock (8:00) A.M. to four thirty o'clock (4:30) P.M. of each regular school day, when school is in session, there shall be stop signs visible and in effect at the school crosswalks on Second Avenue Southeast and Third Avenue Southeast so that all traffic going north or south on said avenues shall come to a complete stop during the hereinabove mentioned times and places, and stop signs shall be placed in said areas visible to the public. Said stop signs shall be moved when the stop signs are not to be in effect, allowing traffic to proceed without the requirement of a stop. (Ord. 12.01, 8-7-2000)

H. All traffic will come to a complete stop at the intersections hereinafter designated, effectuating a four-way stop so that all eastbound/westbound and northbound/southbound traffic will come to a complete stop at these intersections. Stop signs will be placed at said intersections warning eastbound/westbound and northbound/southbound traffic to come to a complete stop before entering these intersections. These four-way stop intersections are:

1. The intersection of Second Avenue Southeast and First Street Southeast.
2. The intersection of Second Avenue Southeast and Third Street Southeast.
3. The intersection of Fifth Avenue Southwest and First Street Southwest.
4. The intersection of First Avenue Southeast and First Street Southeast.
5. The intersection of Third Avenue Southeast and Third Street Southeast. (Ord. 12.02, 8-1-2005)

I. First Street Southeast and First Street Southwest and South Central Avenue: All traffic on First Street Southeast and First Street Southwest shall come to a full and complete stop before entering South Central Avenue. (Ord. 12.01, 8-7-2000)

J. First Street Southwest: All traffic on First Street Southwest shall come to a full and complete stop before entering First Avenue Southwest.

K. First Street Southeast: All traffic on First Street Southeast shall come to a full and complete stop before entering Fifth Avenue Southeast. (Ord. 397, 5-20-2002)

A. Eastbound And Westbound: All eastbound and westbound traffic shall yield the right of way to northbound and southbound traffic at the following intersections:

1. First Street Southeast and Southwest, at the intersection with the following avenues:
   a. South Central Avenue.
   b. First Avenue Southeast.
   c. Second Avenue Southeast.
   d. During the normal summer school vacation period, or between June through August, and when so posted, Third and Fourth Avenue Southeast.
   e. Sixth Avenue Southeast.
   f. Seventh Avenue Southeast.
   g. Eighth Avenue Southeast.
   h. Ninth Avenue Southeast.
   i. Third Avenue Southwest.
   j. Eleventh Avenue Southeast. (Ord. 12.01, 8-7-2000)
2. First Street Northeast and First Street Northwest at the intersection with North Central Avenue.
3. Second Street Northwest at the intersection with Fifth Avenue Northwest.
4. Third Street Southeast and Third Street Southwest at the intersection with South Central Avenue.
5. Third Street Southeast at the intersection with Fourth and Fifth Avenues Southeast.
6. Third Street Southeast at the intersection of Seventh Avenue Southeast.
7. Fourth Street Southeast at the intersection of Sixth Avenue Southeast.

B. Northbound And Southbound: All northbound and southbound traffic shall yield the right of way to eastbound and westbound traffic on:

1. First Street Southwest at the intersection with Second Avenue Southwest.
2. First Avenue Southeast at the intersection with Third Street Southeast.
3. Fourth Street Southeast at the intersection with Seventh Avenue Southeast. (Ord. 12.01, 8-7-2000)

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7-2-5: POSTING OF SIGNS:

The intersections designated in sections 7-2-2, 7-2-3 and 7-2-4 of this chapter shall be posted with stop or yield right of way signs made according to the size and specifications established by the laws of the state of Montana and the rules and regulations of the Montana department of transportation. (Ord. 12.01, 8-7-2000; amd. 2006 Code)

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7-2-6: LEFT TURN AT MAIN AND CENTRAL:

Vehicles or conveyances wishing to make a left hand turn at the intersection of Main Street and Central Avenue may do so. (Ord. 12.01, 8-7-2000)

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7-2-7: TRAFFIC CONTROL LEGEND AT MAIN AND CENTRAL:

All vehicles or conveyances approaching or traveling upon or over the intersection of Main Street with Central Avenue, where such traffic is governed by said traffic signal there installed, shall be governed by the following provisions:

A. Red Or Stop: When the light upon the traffic signal facing such vehicles is red, or when the sign or indicator upon the traffic signal facing such vehicle bears the word "Stop", all vehicles approaching shall come to a full and complete stop before entering the intersection and then may enter the intersection only to make a right turn, but shall yield the right of way to pedestrians lawfully within the crosswalks and to other vehicles lawfully using the intersection. All other vehicles facing such red light shall remain stopped until the light changes to green, before proceeding across such intersections.

B. Green Or Proceed: When the light upon the traffic signal facing such vehicle is green, all vehicles previously stopped at such intersection shall immediately resume travel and cross said intersection, and all vehicles approaching said intersection shall continue their course across said intersection.

C. Yellow Or Caution:

1. When the light upon the traffic signal facing such vehicle is yellow, all vehicles approaching such intersection shall come to a full and complete stop before entering said intersection, and shall remain stopped until the change of the traffic signal indicates that such vehicle may proceed across said intersection.
2. All vehicles which have entered said intersection, either before or at the time such light turns or changes to yellow, may proceed across said intersection.

D. Inoperative Traffic Signal: When the traffic signal at said intersection is not in actual operation, due to electrical or mechanical failure, then the provisions of subsection 7-2-3B of this chapter shall control the operation of traffic approaching and traveling over or across said intersection. (Ord. 12.01, 8-7-2000)

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7-2-8: SPEED LIMITS:

Any person driving a vehicle on the streets and avenues of the city shall drive the same at a careful and prudent speed not greater than is reasonable and proper, having due regard to the traffic surface and other conditions then existing, and no person shall drive any vehicle at such a speed as to endanger the life, limb or property of other persons. Except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive the same at a speed not exceeding the following, but in any case when such speed would be unsafe it shall not be lawful:

A. School: Fifteen (15) miles per hour when traveling on any street or avenue in the same block in which a school is located.

B. Driver's View Obstructed: Fifteen (15) miles an hour when approaching within fifty feet (50') and in traversing an intersection of streets and avenues when the driver's view is obstructed. A driver's view shall be deemed to be obstructed when, at any time during the last fifty feet (50') of his approach to such intersection, he does not have a clear and uninterrupted view of such intersection, and of the traffic upon all of the streets and avenues entering such an intersection, for a distance of two hundred feet (200') from such intersection. For vehicles traveling upon a properly designated through or arterial street, this speed limitation shall not apply.

C. Curves Or Grades: Fifteen (15) miles an hour in traversing or going around curves or traversing a grade, when the driver's view is obstructed within a distance of one hundred feet (100') along such street or avenue in the direction in which he is proceeding.

D. Business And Residential Districts; Trailer Courts: Twenty five (25) miles an hour on streets and avenues in the business and residential districts; except, that the speed limit shall be fifteen (15) miles an hour within the confines of any trailer court within the city, and in the hospital area on Seventh and Eighth Avenues Southeast, between Second Street Southeast and Third Street Southeast, and Second Street Southeast between Seventh and Eighth Avenues Southeast.

E. Alleys: Ten (10) miles an hour on any alley within the city.

F. North Central Avenue: Fifteen (15) miles an hour for the final one hundred fifty feet (150') of distance from the south on North Central Avenue in a northerly direction to the intersection of Second Street Southeast.

G. Second Street Northwest: Fifteen (15) miles an hour for the final one hundred fifty feet (150') of distance from the intersection of Second Street Northwest and North Central Avenue.

H. Railway Street: Ten (10) miles an hour on Railway Street at its intersection with North Central Avenue, with a sign to be placed two hundred feet (200') west of the intersection of West Railway Street and North Central Avenue showing the speed limit to be ten (10) miles an hour, and a sign placed one hundred fifty feet (150') east of the intersection of East Railway Street and North Central Avenue showing the speed limit to be ten (10) miles an hour. (Ord. 12.01, 8-7-2000)

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7-2-9: U-TURNS:

A driver of any vehicle is prohibited from making a U-turn upon any part of the following designated streets or avenues or at any of the intersections with said streets or avenues:

A. Main Street from the east at Tenth Avenue Southeast to the west at Fourth Avenue Southwest.

B. Railway Street from First Avenue Northeast to the alley extending through block 1 of the first addition to Cut Bank.

C. North and South Central Avenue, from the intersection with First Street Southeast and Southwest to the intersection with Railway Street. (Ord. 12.01, 8-7-2000)

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7-2-10: TRUCK REGULATIONS:

A. Prohibited Vehicles:

1. 1. Definition: "Prohibited vehicle" means any motor vehicle other than a passenger vehicle or a truck commonly referred to as a "half-ton" or "three-quarter-ton" pickup truck.
2. Restriction On Travel:
   a. No prohibited vehicle shall be allowed at any time on the following streets and avenues:

   (1) Fifth Avenue Southwest between its intersection with First Street Southwest and the southerly city limits.
   (2) First Street Southwest between its intersection with Fifth Avenue Southwest and South Central Avenue.

   b. This restriction shall not apply to prohibited vehicles while making deliveries of personal property to, or picking up personal property from, businesses or residences located on the restricted portions of Fifth Avenue Southwest or First Street Southwest.

B. Width And Length Of Loads: Trucks or other vehicles having loads extending more than four feet (4') to the rear of said vehicle or having loads or cross arms wider than eight feet (8') are required to hang a red flag or other signs of warning at the extreme width of load as well as rear, and at night provide warning lights so that traffic can easily tell the extreme limit of space required for vehicles. (Ord. 12.01, 8-7-2000)

C. Trucks Prohibited On Certain Streets:

1. For the purpose of this subsection, the word "truck" shall be construed as meaning a motor truck of size or loading capacity of over "three-quarter (3/4) ton" rating.
2. It shall be unlawful for the operator of any motor truck to operate or drive any truck upon Main Street in the city, between the point where such Main Street intersects with the westerly boundary line of the city, and the point where such Main Street intersects with the easterly boundary line of the city, except for loading and/or unloading. (Ord. 12.24)

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7-2-11: DRIVING OVER FIRE HOSE [Title 6, Chapter 2, Article A] :

No vehicle shall be driven over any unprotected hose of the fire department when laid down on any street or avenue, alley or private or public driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. (Ord. 12.01, 8-7-2000)

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7-2-12: LUGS ON WHEELS PROHIBITED:

All person owning, operating or managing steam engines, gas engines and tractors are required, in moving the same along the streets and alleys of the city, to remove all lugs from wheels. (Ord. 12.28; amd. 2006 Code)

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7-2-13: SOUND AMPLIFICATION SYSTEMS IN VEHICLES:

A. Definitions: Unless the context requires otherwise, the following definitions apply:

MOTOR VEHICLE: A vehicle propelled by its own power and designed to transport persons or property upon the highways, streets, and alleys within the city. The term includes any moped, power driven bicycle, motorcycle, motor scooter, automobile, truck or any other vehicle propelled by a motor of any kind.

PLAINLY AUDIBLE: Any sound produced by a sound amplification system either on or from within a motor vehicle, which can clearly be heard at a distance of fifty feet (50') or more. Measurement standards shall be by the auditory senses, based upon direct line of sight. Words or phrases need not be discernable and bass reverberations are included.

SOUND AMPLIFICATION SYSTEM: Any device, instrument or system, whether electrical, mechanical or otherwise, for amplifying sound or for producing or reproducing sound, including, but not limited to, any radio, stereo, musical instrument, phonograph, tape player, compact disc player, boom box, loudspeaker or sound or musical recorder or player, or any other such electronic device used for the amplification of noise.

B. Use Of Loud Amplification Systems Prohibited: No driver or occupant of a motor vehicle on any public or private property located within the exterior boundaries of the city shall operate or permit the operation of a sound amplification system from either on or within a motor vehicle so that the sound is plainly audible at a distance of fifty feet (50') or more from the motor vehicle.

C. Exemptions:

1. A system being operated to request assistance of an emergency nature or to warn of a hazardous situation; or
2. A system being operated on a motor vehicle belonging to a railroad, gas, electric, communications or water utility company or governmental entity when engaged in official business only; or
3. An authorized emergency vehicle such as an ambulance or fire truck; or
4. Audio alarm systems installed in motor vehicles; or
5. Any system granted written permission by the city council after the owner or operator has requested said exemption be used for legitimate business needs or purposes which outweigh the public's right to be free from unnecessary noise or disturbance of the peace. (Ord. 12.70, 9-18-2000; amd. 2006 Code)

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7-2-14: DISPLAY UNOFFICIAL SIGN, SIGNAL OR DEVICE:

It shall be unlawful for any person, firm or corporation to place or maintain or to display upon, or in view of, any street any unofficial sign, signal or device which purports to be, or is, an imitation of, or which resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view an official traffic sign or signal. Every such prohibitive sign, signal or device is hereby declared to be a public nuisance, and the police department is hereby empowered to remove the same, or to cause the same to be removed without notice. (Ord. 12.53)

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It shall be unlawful for any person to wilfully deface, injure, move, obstruct or interfere with any official traffic sign, signal or barricade. (Ord. 12.53)

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CHAPTER 3

PARKING REGULATIONS

Whenever in this chapter the following terms are used, they shall have the meanings ascribed to them in this section, unless otherwise herein provided:

MOTOR VEHICLE: Every vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state, including trailers, semitrailers, and house trailers.

PROHIBITED VEHICLE: Any motor vehicle, other than a passenger vehicle or a truck, commonly referred to as a "half-ton", "three-quarter-ton" or "one-ton" pickup truck.

TRAILER: Every vehicle, with or without motor power, designed to carry property or passengers and to be drawn by a motor vehicle, including a house trailer and semitrailer.

TRUCK: Every motor vehicle designed, used, or maintained primarily for transportation of property.

VEHICLE: Every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by animal power and bicycles. (Ord. 12.57, 1-3-2000)

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It shall be unlawful for any owner, driver, operator or person in charge of any vehicle to stop or allow to stop, stand or allow to stand, or park or allow to park such vehicle at any of the following places, except where necessary to avoid conflict with other traffic, or except in compliance with directions of a peace officer:

A. Sidewalk: On a sidewalk.

B. Driveway: In front of a public or private driveway.

C. Intersection: Within an intersection.

D. Fire Hydrant: Within fifteen feet (15') of a fire hydrant.

E. Crosswalk:

1. On a crosswalk.
2. Within twenty feet (20') of a crosswalk at an intersection.

F. Approach To Traffic Signal: Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.

G. Safety Zone: Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of the safety zone, unless the local authorities indicate a different length by signs or markings.

H. Railway Crossing: Within fifty feet (50') of the nearest rail of a railway crossing.

I. Fire Station: Within twenty feet (20') of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly posted. (Ord. 12.57, 1-3-2000)

J. Street Excavation: Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (Ord. 12.57, 1-3-2000; amd. 2006 Code)

K. Double Parking: On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

L. Bridge: Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

M. Official Signs: At any place where official signs prohibit stopping.

N. Loading Zone: In front of an area designated as a loading zone.

O. Theater: In front of any theater entrance or exit, during the time the theater is open for business, and when said area is posted by appropriate signs.

P. Temporarily Posted Areas: Within any temporarily posted area, so posted for emergency purposes, or so posted for snow removal or street sweeping purposes. (Ord. 12.57, 1-3-2000)

Q. Handicapped Parking: Upon the ways of this state within the exterior boundaries of the city when any such parking space has been appropriately marked or signed as a designated handicap parking spot pursuant to resolution of the city council and approval of the mayor of the city, except when such vehicle conveying a handicapped person properly displays a handicap license plate or decal properly issued by the state of Montana or other license plate or vehicle registration authority. (Ord. 396, 5-20-2002)

R. Specific Streets Or Parts Of Streets:

1. On the south side of East Railway Street from the intersection thereof with North Central Avenue, in an easterly direction to the intersection thereof with First Avenue Northeast.
2. At any time: a) on the southwesterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and a point on the southwesterly side of First Street Southwest forty feet (40') westerly from said intersection; and b) on the northeasterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and U.S. Highway 2, except for unloading as indicated by appropriate signs.
3. No prohibited vehicle shall be stopped or parked at any time on the southwesterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and the alley in the O'Haire Addition to the city. (Ord. 12.57, 1-3-2000)

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It shall be unlawful for any owner, driver, operator or person in charge of any vehicle to stop or allow to stop, stand or allow to stand, or park or allow to park such vehicle on any street, avenue or alley within the following areas, except for the time and purpose so designated:

A. Loading Or Unloading:

1. In front of any hotel or other building or location, when so posted, except for the purpose of loading or unloading, for a period of time not to exceed the time indicated on the sign governing that location.
2. In any alley, except for loading and unloading, and only during the time the actual loading or unloading is taking place.

B. Business District; Two Hour Parking: It shall be unlawful to park any vehicle for a period of time longer than two (2) hours between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on any day, excepting Sundays or legal holidays when the business establishments are closed, in the business district within the following designated areas:

On East and West Main Street between Second Avenue Southeast and Second Avenue Southwest.

On First Avenue Southeast between East Main Street and the alley running in an easterly-westerly direction through blocks 10 and 7 of the original townsite.

On First Avenue Northeast between East Main Street and East Railway Street.

On South and North Central Avenue between First Street Southeast and First Street Southwest and East and West Railway Street.

On First Avenue Southwest between West Main Street and the alley running in an easterly-westerly direction through blocks 3 and 6 of the original townsite.

C. Boats, Trailers, Campers:

1. Time Limit: No person shall be allowed to park a boat, trailer, camper or other motor vehicle on any of the streets within the city at any time for a period of more than five (5) days continuously, except as provided in subsection B of this section, where no such boat, trailer, camper or other motor vehicle may be parked for a period of time longer than two (2) hours in the area designated therein.
2. Parking Boats Within Business District:
   a. It shall be unlawful for any person to park or display boats of any kind or size, for any purpose whatever, within that part of the business district as outlined in subsection B of this section, unless such boat is attached to a motor vehicle by a trailer customarily used to haul boats.
   b. It shall be unlawful for any person to park or display any boat within the area described above even when attached to a motor vehicle by means of a trailer customarily used for hauling boats, for more than two (2) hours.

D. Trucks: It shall be unlawful for the driver of any truck of a size or load with a carrying capacity greater than one ton to park at any time, except while actually engaged in loading or unloading, within the area designated in subsection B of this section.

E. Vehicles For Sale: It shall be unlawful for any automobile or implement dealer, or any other person, to park either new or used automobiles or other motor vehicles being held for sale upon the public streets of the city, at any time, except on days when such new or used automobiles or motor vehicles are in actual use by the owner thereof or his employees or members of his family. This does not apply to an individual who is not a car dealer, and who has his own personal car for sale.

F. Recreational Vehicles: It shall be unlawful for any person to drive on or park on any streets or alleys within the territorial limits of the city with any three (3) or four (4) wheel all terrain vehicle or any other such recreational vehicle not designated primarily for transportation of people or property. (Ord. 12.57, 1-3-2000)

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It shall be unlawful to park any motor vehicle or other vehicle on any street or avenue within the city, except in the following manner:

A. Parallel Parking; Exceptions:

1. Parallel Parking: All vehicles shall be parked with the right side of the vehicle next to the curb and parallel thereto, with the right side wheels of said vehicle at a distance of not greater than eighteen inches (18") from such curb, and said vehicle at least three feet (3') from any other vehicle standing on such street or avenue.
2. Exception, Angle Parking:
   a. Angle Parking: On the easterly side of Central Avenue between the intersection thereof with First Street Southeast and the intersection thereof with Railroad Street, where vehicles shall be parked at an angle of thirty degrees (30°) with the curb, with the right front wheel of the vehicle resting against said curb.
   b. Parking During Church Functions:

   (1) Automobiles may be angle parked at the following designated places during church and during regular hours of worship, and at all other times parallel parking shall be required at these places:

   First Baptist Church: On the westerly side of Sixth Avenue Southeast between First and Second Streets, and on the south side of First Street Southeast between Sixth Avenue Southeast and the alley in block 6 of the Second Addition.

   Presbyterian Church: On the easterly side of Central Avenue South between Second and Third Streets, and on the south side of Second Street Southeast from Central Avenue to the alley.

   St. Margaret's Catholic Church And Assembly of God Church: The easterly side of Second Avenue Southeast between First and Second Streets and on the south side of First Street Southeast between Second Avenue Southeast and the alley in block 14 of the original townsite.

   St. Paul's Lutheran Church: On the east side of Sixth Avenue Southeast between East Main Street and First Street Southeast.

   (2) Residents of the areas designated in subsection A2b(1) of this section whose automobiles have been parked parallel prior to or during church functions shall not be held in violation of this section.

B. Physicians Parking In Prohibited Areas: Any regularly licensed and practicing physician, surgeon, or physician's assistant may, in cases of emergency, park any vehicle operated by such person or under such person's direction and control in prohibited areas; provided, however, that such vehicle will be removed at the earliest possible moment and shall not be locked or placed in such condition that the same cannot be moved.

C. One-Way Streets: Those persons parked on one-way streets shall park their vehicles in the direction of allowed travel at or next to the curb, at a distance not greater than eighteen inches (18") from said curb on either side of the street. (Ord. 12.57, 1-3-2000)

D. Handicapped Parking Area: The authorized driver of a vehicle may park in a designated and posted handicapped parking area located on South Central Avenue or any other area as approved by the city council.

E. Bus Stop: Authorized buses may utilize the designated and posted parking area located on West Main Street as a bus stop or for any other area so posted and designated by the city council. (Ord. 12.57, 1-3-2000; amd. 2006 Code)

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A. Definitions:

1. Terms Defined: Unless the context requires otherwise, the following definitions apply:
   EXPLOSIVES: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
   FLAMMABLE LIQUID: Any liquid which has a flash point of seventy degrees Fahrenheit (70°F) or less, as determined by Tagliabue or equivalent closed cup test device.
   MOTOR VEHICLE: Every vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state, and also includes trailers, semitrailers, and house trailers.
   POISON: A substance which, when introduced into the system, either directly or by absorption, produces violent, morbid, or fatal changes or which destroys living tissue with which it comes in contact.
   VEHICLE: Every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.
2. Other Terms: In addition to the foregoing, in interpreting and enforcing the terms of this section, all other definitions set out in the Montana Code Annotated shall govern and apply.

B. Prohibited Parking:

1. Explosives: No person shall stand or park any motor vehicle, truck or other vehicle containing, carrying or transporting explosives in any alley or on any of the streets or avenues in the city at any time.
2. Flammable Liquids: No person shall stand or park any motor vehicle, truck or other vehicle containing, carrying or transporting a tank or other container capable of containing in excess of six hundred (600) U.S. gallons of flammable liquids in any alley or on any of the streets or avenues in the city, except on East and West Railway Street at any time.
3. Poison: No person shall stand or park any motor vehicle, truck or other vehicle containing, carrying or transporting poison in any alley or on any of the streets or avenues in the city at any time. (Ord. 12.60; amd. 2006 Code)

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CHAPTER 4

BICYCLES AND SNOWMOBILES

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7-4-2: LIGHTS REQUIRED ON BICYCLES:

A. No person shall ride, operate, or propel any bicycle, or motor scooter, or other vehicle, excepting automobiles, trucks, and trailers, upon any of the streets, avenues or alleys within the city during nighttime, without said vehicle being equipped with at least one lighted lamp on the front thereof, visible under ordinary atmospheric conditions from a distance of at least five hundred feet (500') in front of said vehicle and also with a reflector mirror, or other reflector material, or lighted lamp on the rear of said vehicle, exhibiting a red light visible under like conditions from a distance of at least five hundred feet (500') to the rear of such vehicle. (Ord. 12.44; amd. 2006 Code)

B. Every bicycle when in use at nighttime shall be equipped with an essentially colorless front facing reflector, essentially colorless or amber pedal reflectors, and a red rear facing reflector. Pedal reflectors shall be mounted on the front and back of each pedal.

C. Every bicycle when in use at nighttime shall be equipped with either tires with retroflective sidewalls or reflectors mounted on the spokes of each wheel. Spoke mounted reflectors shall be within seventy six millimeters (76 mm) (3 inches) of the inside of the rim and shall be visible on each side of the wheel. The reflectors on the front wheel shall be essentially colorless or amber and the reflectors on the rear wheel shall be amber or red. (2006 Code)

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7-4-3: ENFORCEMENT; BICYCLE IMPOUNDMENT AND REDEMPTION:

A. Enforcement And Impoundment By Police: The violation of sections 7-4-1 and 7-4-2 of this chapter is hereby declared to be a nuisance and it shall be the duty of all police officers of the city to take up and impound any of said vehicles being ridden, operated or propelled within the city in violation of said provisions. (Ord. 12.44)

B. Impoundment For Violation: Upon the impounding of any vehicle, as hereinabove provided, it shall be the duty of the chief of police or any other police officer, to take the same to the county jail or a city building where the same shall be impounded and safely kept.

C. Redemption Of Bicycle: At any time before the sale of said vehicle impounded under the provisions of this section, the owner thereof may redeem the same.

D. Sale Of Unredeemed Bicycles; Notice:

1. Authority; Notice: Whenever any vehicle shall be impounded under the provisions of this section and shall remain in the custody of the city for a period of more than six (6) months without being redeemed, the chief of police shall immediately thereafter give notice of sale of said vehicle in the following manner:
   The notice shall be in writing and shall give a thorough and complete description of the vehicle to be sold. At least five (5) days before the sale, the notice shall be posted at the courthouse, the post office and city hall.
2. City Officials Prohibited From Purchasing: No officer of the city shall purchase or be interested directly or indirectly in the purchase of any such vehicle, if the same is sold. (Ord. 12.44; amd. 2006 Code)

E. Record And Report Of Impounded Bicycles:

1. The chief of police shall keep a record of all vehicles impounded, showing the names of the owners, if known, whether redeemed or sold, the amount for which sold, an itemized statement of the cost of impounding and keeping such vehicle and the disposition made of all monies received.
2. The chief of police shall, at the first meeting of the city council in each month, make a written record to the council of the business in his office in connection with sales and impounding of vehicles under this section.

F. Disposition Of Excess Proceeds: When the proceeds of the sale of any vehicle shall exceed the amount of penalty, fines, fees, and costs, the chief of police shall pay such excess to the city clerk-treasurer, and the owner of such vehicle shall be entitled to a warrant on the city clerk-treasurer for such excess upon presenting to the council satisfactory evidence of such owner's right thereto.

G. Redemption By Owner After Sale: Whenever any vehicles shall be sold under the provisions of this section, the owner shall have the privilege to redeem the same within ten (10) days after such sale by paying the purchaser or his successor in interest the amount of the bid therefor, and ten dollars ($10.00) in addition thereof, to recompense such purchaser for his expense and trouble. (Ord. 12.44)

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7-4-4: SNOWMOBILE OPERATION:

A. Operation Prohibited: It shall be illegal for any person to operate a snowmobile on any city street, avenue, sidewalk, parkway, park or alley within the city limits.

B. Compliance With State Law: Nothing contained herein is intended to be inconsistent with or modify the existing state law in regard to the operation of snowmobiles, and all definitions, requirements, etc., as now provided for in state law are recognized within the city as governing and controlling the operation of snowmobiles. (Ord. 12.48; amd. 2006 Code)

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CHAPTER 5

ABANDONED VEHICLES

1. Any vehicle found abandoned for a period of forty eight (48) hours or more on any public highway within the city, or for a period of five (5) days or more on any city street, public property, or private property.
2. Any vehicle abandoned on private property, at the request of the owner or person in lawful possession or control of the private property.
3. Any vehicle otherwise coming into the possession of the city police department which is unclaimed by its true owner.

B. Impoundment By City Or Hired Personnel: The city police may use its personnel, equipment, and facilities for the removal and storage of the vehicle, or may hire other personnel, equipment, and facilities for this purpose. (Ord. 386, 9-16-1991)

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7-5-3: NOTICE TO OWNER:

A. Notify Owner Of Vehicle Location: Within seventy two (72) hours after any vehicle is removed and held, the city police shall make reasonable efforts to ascertain the name and address of the owner, lienholder, or person entitled to possession of the vehicle taken into custody. If such name and address are ascertained, the city police shall notify such owner and lienholder or person of the location of the vehicle.

B. Registered Or Certified Letter: If the vehicle is registered in the office of the department, notice shall be deemed given when a registered or certified letter addressed to the registered owner of the vehicle and lienholder, if any, at the latest address shown by the records in the office of the department, return receipt requested and postage prepaid thereon, is mailed at least thirty (30) days before the vehicle is sold as hereinafter provided. (Ord. 386, 9-17-1991)

C. Publication Of Notice In Newspaper: If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the county shall be sufficient to meet all requirements of notice. Such notice by publication may contain multiple listings of abandoned vehicles. Any such notice shall be provided in the same manner as prescribed in Montana Code Annotated section 25-13-701(1)(b). (Ord. 386, 9-16-1991; amd. 2006 Code)

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7-5-4: JUNK VEHICLES; RELEASE FOR DISPOSAL:

A vehicle found by law enforcement officials to be a "junk vehicle", as defined by Montana Code Annotated section 75-10-501, and certified as having an appraised value of five hundred dollars ($500.00) or less may be directly submitted for disposal in accordance with the provisions of Montana Code Annotated title 75, chapter 10, part 5, upon a release given by the city police. In the release, the city police shall include a description of the vehicle, including year, make, model, serial number, and license number if available. If the vehicle is being stored by a motor vehicle wrecking facility, the city police shall transmit the release to the motor vehicle wrecking facility, and the facility shall consider the release to meet the requirements for records under Montana Code Annotated sections 75-10-512 and 75-10-513. If the vehicle is being stored by a "qualified tow truck operator", as defined in Montana Code Annotated section 61-8-903, the city police shall transmit the release to the operator. Vehicles described in this section may be submitted for disposal without notice and without a required holding period. A licensed vehicle that otherwise meets the definition of a "junk vehicle", as defined in Montana Code Annotated section 75-10-501, and that has a value of five hundred dollars ($500.00) or less may be directly submitted for disposal as provided in this section. (Ord. 386, 9-16-1991; amd. 2006 Code)

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7-5-5: RECLAMATION OF VEHICLE:

The owner, lienholder, or person entitled to possession of the vehicle may reclaim it at any time after it is taken into custody and before it is sold. Such person shall present to the city police satisfactory proof of ownership or right to possession, and pay the costs and expenses incurred in the removal, storage, and custody of the vehicle. Such person shall not be required to pay storage charges for a period longer than ninety (90) days. (Ord. 386, 9-16-1991)

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7-5-6: SALE OF UNCLAIMED VEHICLE:

A. Sale If Not Reclaimed:

1. If a vehicle is not reclaimed as provided in section 7-5-5 of this chapter within thirty (30) days after notification by registered mail or prescribed publication, the city police may sell it at public auction in the manner provided in Montana Code Annotated sections 25-13-701 through 25-13-709.
2. After any vehicle has been so sold, the former owner or person entitled to possession has no further right, title, claim or interest in or to the vehicle.

B. Certificate Of Sale:

1. When any vehicle is so sold, the city police, at the time of the payment of the purchase price, shall execute a certificate of sale in duplicate and shall deliver the original certificate to the purchaser and retain the copy.
2. The certificate of sale shall contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made as to the condition or title of the vehicle.

C. Issuance Of Certificate Of Ownership: The department shall issue a certificate of title upon presentation by the purchaser of the certificate of sale and payment of the fees required by law. (Ord. 386, 9-16-1991; amd. 2006 Code)

D. Transmitting Return Of Sale And Balance Of Proceeds:

1. When any vehicle is sold as provided in subsection A of this section, the city police shall transmit to the department and to the city clerk-treasurer, respectively, a return of sale setting forth a description of the vehicle, the purchase price, the name and address of the purchaser, the costs incurred in the sale, and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
2. With the return of sale, the city police shall transmit to the city clerk-treasurer the balance of the proceeds of the sale after deducting the costs incurred in the sale and the costs and expenses incurred in the removal, storage, and custody of the vehicle.
3. Upon receipt of the return of sale and such balance from the city police, the city clerk-treasurer shall file the return in his office and deposit the balance in the city street fund on all vehicles seized by the city police.

E. Determination Of Costs And Expenses: The costs incurred in the sale, and the costs and expenses incurred in the removal, storage and custody of the vehicle shall be the amount thereof actually incurred. If the vehicle is stored in or on city property, a charge of ten dollars ($10.00) per day for such storage shall be made. (Ord. 386, 9-16-1991)

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CHAPTER 6

TRAFFIC LAWS ENFORCEMENT; PENALTIES

A. It is a misdemeanor for a person to violate any of the provisions of this title unless the violation is declared to be a felony.

B. Each person convicted of a misdemeanor for a violation of any of the provisions of this title for which another penalty is not provided shall be subject to penalty as provided in section 1-4-1 of this code.

C. Except as provided in subsection D of this section, failure to pay a fine imposed under this section is a civil contempt of the court. Upon failure of payment of a fine, the court may:

1. 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
2. If the court finds that the person is unable to pay, order the person to perform community service.

D. 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. (Ord. 395, 9-15-1997; amd. 2006 Code)

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A. Issuance Of Warning Tickets: The police department of the city, by and through its officers, is hereby authorized and directed to issue warning tickets within the city for any violations of chapter 3 of this title occurring in those areas not designated in subsection 7-3-3B of this title.

B. Deferral Or Suspension Not Allowed: Upon conviction or entry of plea of guilty, the city court may not defer imposition or suspend any part of the fine imposed as sentencing for parking violations. (Ord. 12.57, 1-3-2000; amd. 2006 Code)

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