Motor Vehicles and Traffic
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
STATE TRAFFIC LAWS; ADMINISTRATION
TRAFFIC LAWS ADOPTED:
7-1-2: POLICE DEPARTMENT AUTHORITY:
7-1-3: UNLAWFUL OPERATION OF VEHICLES BY CHILDREN:
TRAFFIC LAWS ADOPTED:
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)
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)
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)
GENERAL VEHICLE AND TRAFFIC PROVISIONS
7-2-2: THROUGH OR ARTERIAL STREETS; ONE-WAY STREETS:
7-2-3: STOP STREETS:
7-2-4: YIELD RIGHT OF WAY STREETS:
7-2-5: POSTING OF SIGNS:
7-2-6: LEFT TURN AT MAIN AND CENTRAL:
7-2-7: TRAFFIC CONTROL LEGEND AT MAIN AND CENTRAL:
7-2-8: SPEED LIMITS:
7-2-10: TRUCK REGULATIONS:
7-2-11: DRIVING OVER FIRE HOSE [Title 6, Chapter 2, Article A]:
7-2-12: LUGS ON WHEELS PROHIBITED:
7-2-13: SOUND AMPLIFICATION SYSTEMS IN VEHICLES:
7-2-14: DISPLAY UNOFFICIAL SIGN, SIGNAL OR DEVICE:
7-2-15: DEFACE OR INTERFERE WITH SIGNS OR BARRICADES:
A. Definition: Except as provided in subsection B of this section, "vehicle" means 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 or used exclusively upon stationary rails or tracks.
The following streets and avenues and parts of streets and avenues are hereby designated as through or arterial streets:
A. Main Street: Main Street, from the easterly limits of the city through the city to the westerly limits of the city, except that all vehicles proceeding along Main Street shall be controlled by the traffic control signal at the intersection thereof with North and South Central Avenue.
B. Railway Street: Railway Street from the easterly limits of the city through the city to the westerly limits of the city, except that all vehicles proceeding along Railway Street shall stop at the intersection thereof with North Central Avenue, as indicated by the four-way stop sign.
C. Other Streets:
D. Stopping Of Vehicles, Other Conveyances:
E. One-Way Streets: The following streets and avenues and parts of streets and avenues are hereby designated as one-way streets:
A. Railway Street and North Central Avenue: All traffic, as indicated by the stop signs.
B. Main Street and North and South Central Avenue: When the traffic control signal light located at the intersection has been rendered inoperative due to mechanical or electrical power failure, all northbound and southbound traffic.
C. First Street Southwest and Highway 2: All westbound traffic.
D. Fifth Avenue Southwest and Highway 2: All northbound traffic.
E. West Railway Street and Highway 2: All westbound traffic.
F. Second Street Northeast and Second Street Northwest and North Central Avenue, posted with stop signs as well as red blinker signal light: All eastbound and westbound traffic. In addition to this stop intersection, all northbound and southbound traffic along North Central Avenue is required to slow down and enter this intersection with caution, as indicated by a yellow blinker signal.
G. School year restrictions:
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:
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)
L. Third Street Southeast and Sixth Avenue Southeast: All traffic on Sixth Avenue Southeast at the intersection with Third Street Southeast shall come to a full and complete stop before entering the intersection. Stop signs shall be visibly placed so that all northbound traffic on Sixth Avenue Southeast at the intersection with Third Street Southeast are notified that a stop is required before entering or crossing Third Street Southeast. (Ord. 2009-01, 3-16-2009)
A. Eastbound And Westbound: All eastbound and westbound traffic shall yield the right of way to northbound and southbound traffic at the following intersections:
B. Northbound And Southbound: All northbound and southbound traffic shall yield the right of way to eastbound and westbound traffic on:
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)
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)
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:
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)
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)
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. Prohibited Vehicles:
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:
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)
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)
A. Definitions: Unless the context requires otherwise, the following definitions apply:
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.
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)
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)
7-3-2: PARKING PROHIBITED IN SPECIFIED PLACES:
7-3-3: CERTAIN TIME AND PURPOSE RESTRICTIONS:
7-3-4: MANNER OF PARKING:
7-3-5: VEHICLES TRANSPORTING EXPLOSIVES, POISONOUS MATERIALS:
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)PARKING PROHIBITED IN SPECIFIED PLACES:
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.
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:
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:
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:
C. Boats, Trailers, Campers:
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)MANNER OF PARKING:
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:
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)VEHICLES TRANSPORTING EXPLOSIVES, POISONOUS MATERIALS:
B. Prohibited Parking:
BICYCLES AND SNOWMOBILES
PROHIBITED ON CERTAIN STREETS:
7-4-2: LIGHTS REQUIRED ON BICYCLES:
7-4-3: ENFORCEMENT; BICYCLE IMPOUNDMENT AND REDEMPTION:
7-4-4: SNOWMOBILE OPERATION:
BICYCLES PROHIBITED ON CERTAIN
No person shall ride, operate or propel any bicycle, or motor scooter or other vehicle, excepting automobiles, trucks, and trailers, upon any portion of Main Street between the intersection thereof with Second Avenue Southwest and Second Avenue Southeast, except for the purpose of crossing Main Street, and no person shall ride, operate or propel any of said vehicles upon any portion of Central Avenue between the intersection thereof with First Street Southeast and First Street Southwest and Railroad Street. (Ord. 12.44)
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)
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:
E. Record And Report Of Impounded Bicycles:
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)
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)
7-5-2: IMPOUNDMENT OF VEHICLE:
7-5-3: NOTICE TO OWNER:
7-5-4: JUNK VEHICLES; RELEASE FOR DISPOSAL:
7-5-5: RECLAMATION OF VEHICLE:
7-5-6: SALE OF UNCLAIMED VEHICLE:
The following definitions shall apply in this chapter:
DEPARTMENT: The department of justice of the state of Montana acting directly or through its duly authorized officers or agents.
MOTOR VEHICLE: Any 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.
VEHICLE: Any device in, upon, or by which any person or property may be transported or drawn upon a public highway. It also means "motor vehicle", as defined in this section. (Ord. 386, 9-16-1991)
A. Impoundment Of Certain Vehicles: The city police may take into custody:
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)
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)
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)
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)
A. Sale If Not Reclaimed:
B. Certificate Of Sale:
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:
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)
TRAFFIC LAWS ENFORCEMENT; PENALTIES
VIOLATION OF TRAFFIC PROVISIONS:
7-6-2: PARKING VIOLATIONS:
VIOLATION OF TRAFFIC PROVISIONS:
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:
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)PARKING VIOLATIONS:
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)