Title 9

 

PUBLIC PEACE, MORALS AND WELFARE

 

Chapters:

 

9.02   Impersonating Policemen

9.04   Obstructing City Officers

9.06   False Fire Alarms

9.12   Fair Housing Law

9.18   Peeping Persons

9.24   Disturbing the Peace

9.26   Public Drinking

9.28   Glue Sniffing (Repealed)

9.30   Noise Control

9.32   Sound Devices

9.34   Pedestrian Interference

9.36   Solicitation and Aggressive Solicitation as Acts of Disorderly Conduct

9.38   Billposting

9.40   Official Notices

9.42   Gardens and Orchards

9.52   Curfew

9.54   Minors Prohibited From Certain Places

9.56   Possession of Liquor or Tobacco by Minors

9.58   Social Host and Rental Space Gatherings Involving Consumption of Alcohol by Minor Persons

9.62   Discharging Weapons

9.64   Illegal Discrimination

 

 

ARTICLE I. OFFENSES BY OR AGAINST

PUBLIC OFFICERS AND GOVERNMENT

 

Chapter 9.02

IMPERSONATING POLICEMEN

 

Sections:

 

9.02.010  Declared unlawful.

 

9.02.010  Declared unlawful. Every person who, with­out lawful authority, knowingly represents himself, holds himself out to be, or impersonates, a policeman or other police officer of the city, shall be guilty of a misdemean­or. (Ord. 2042 §3, 1979; prior code §21‑12).

 

Chapter 9.04

 

OBSTRUCTING CITY OFFICERS

 

Sections:

 

9.04.010  Declared unlawful.

9.04.020   Interfering with firemen.

 

9.04.010  Declared unlawful.  Every person who knowingly resists, obstructs, interferes with or molests any police officer, or other officer of the city, in the performance or discharge of any duty whatsoever, shall be guilty of a misdemeanor. (Ord. 2042 §2, 1979; prior code §21‑12) .

 

9.04.020  Interfering with firemen. Every person who disobeys the lawful orders of any public officer or fire­man, or offers any resistance to, or interferes with, the lawful efforts of any fireman or any company of firemen to extinguish any fire, or engages in any conduct calculated to prevent any fireman or any company of firemen from as­sisting to extinguish any fire, is guilty of a misdemeanor. (Prior code §11‑9.7).

 

Chapter 9.06

 

FALSE FIRE ALARMS

 

Sections:

 

9.06.010   Declared unlawful‑‑Exception.

9.06.020   Interference with fire alarm system.

9.06.030   Production or possession of signal box keys.

 

9.06.010   Declared unlawful‑‑Exception. No person, willfully or designedly, shall give, assist in giving, countenance or request or cause to be given, any false alarm of fire in any manner within the city limits; provided, however, that this section shall not apply to members of the fire department in making tests or repairs under the direction of the property authorities. (Prior code §11‑7).

 

9.06.020   Interference with fire alarm system. No person shall tamper, meddle or in any way interfere with any station or signal box or any fire alarm telegraph system or any auxiliary appliances, or willfully break, injure, deface, remove or make any connection or communication with the poles, wires, boxes or other parts or fixtures of the fire alarm system of the city, so as to interrupt or interfere with the proper working of the same, or mutilate, injure or destroy any notices that may be legally posted relating to the same. (Prior code §11‑8).

 

9.06.030   Production or possession of signal box keys. No person shall make or cause to be made or used, or have in his possession, any key, impression or duplicate of any signal box of the fire alarm telegraph of the city, without the written permission of the fire chief, or, in his absence, the assistant fire chief. (Prior code §11‑9).

 

ARTICLE II. OFFENSES AGAINST THE PERSON

 

Chapter 9.12

 

FAIR HOUSING LAW

 

Sections:

 

9.12.010  Housing discrimination declared unlawful.

 

A.  It is unlawful for any person, owner, manager, employee, or any entity whose business includes engaging in any residential real estate related transactions including but not limited to the sale, lease or rental of any housing accommodation or property to discriminate against any person because of actual or perceived (9.64.020) sex, age, race, physical or mental disability, creed, religion, color, national origin, ancestry, marital or familial status, sexual orientation, or gender identity or expression, when making available such housing accommodations for sale, lease or rental. The rental of sleeping rooms in a private residence designed as a single dwelling unit in which the owner also resides is excluded from this section provided that the owner rents no more than three sleeping rooms within the residence.

B.  As used in this section, the terms set forth in this subsection shall have the meanings set forth in the Federal 1988 Fair Housing Amendments Act and shall include the following:

(1)  "Discrimination" means and includes:

a.     A refusal to permit, at the expense of the disabled person, reasonable modification of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises;

b.    A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

c.     In connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is thirty months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that:

i.       The public use and common use portions of such dwellings are readily accessible to and usable to disabled persons,

ii.       All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs, and

iii.      All premises within such dwelling contain the following features of adaptive design:

 

An accessible route into and through the dwelling,

 

Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations,

 

Reinforcements in bathroom walls to allow later installation of grab bars, and

 

Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space;

 

(2)  "Familial status" means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person.

(3)  "Disability discrimination" means and includes:

a.   To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

i. That buyer or renter,

ii.     A person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or

iii.    Any person associated with buyer or renter,

b.   To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a disability of:

i. That person, or

ii.     A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or

iii.    Any person associated with that person;

(4)  For purposes of this subsection "residential real estate related transaction" means any of the following:

a.   The making or purchasing of loans or providing other financial assistance:

i. For purchasing, constructing, improving, repairing, or maintaining a dwelling, or

ii.     Secured by residential real estate,

b. The selling, brokering, or appraising of residential real property.

(Ord. 3428 §12, 2010; Ord. 2765 §1, 1991).

 

 

ARTICLE III. OFFENSES AGAINST PUBLIC DECENCY

 

Chapter 9.18

 

PEEPING PERSONS

 

Sections:

 

9.18.010 Defined.

9.18.020 Declared unlawful.

 

9.18.010 Defined. The term "peeping person" means one who peeps through windows or doors or other like places on the premises of another for the purpose of spying upon or invading the privacy of the person spied upon, and the doing of any other act of a similar nature which invades the privacy of such persons. (Ord. 1986 §2, 1979).

 

9.18.020 Declared unlawful. It is unlawful for any person to be a peeping person on the premises of another, or to go upon the premises of another for the purpose of becoming a peeping person. (Ord. 1986 §1, 1979).

 

ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE

 

Chapter 9.24

 

DISTURBING THE PEACE*

 

Sections:

 

9.24.010 Disturbances.

9.24.020 Violation‑‑Penalty

 

9.24.010 Disturbances. A person commits a violation of this chapter if he knowingly commits one of the follow­ing acts:

 

     *                              For statutory provisions granting cities power to prevent and punish conduct calculated to disturb the peace, see MCA §7‑32‑4302; for provisions on public intoxication, see MCA §53‑24‑106.

 

A.  Quarrelling, challenging to fight or fighting;

 

B.  Making loud or unusual noises;

 

C.  Using threatening, profane, obscene or abusive language;

 

D.  Discharging firearms

 

E.  Rendering vehicular or pedestrian traffic impassable;

 

F.  Rendering the free ingress or egress to public or private places impassable;

 

G.  Disturbing or disrupting any lawful assembly or public meeting;

 

H.  Transmitting a false report or warning of a fire, impending explosion, or other catastrophe in such a place that its occurrence would endanger human life; or

 

I.    Creating a hazardous or physically offensive condition by act that serves no legitimate purpose. (Ord. 2042 §1(part), 1979: prior code §21‑7(part)).

 

9.24.020 Violation‑‑Penalty. A person convicted of a violation of this chapter shall be sentenced according to the provisions of Chapter 1.20. (Ord. 2042 §1 (part), 1979: prior code §21‑7(part)).

 

Chapter 9.26

 

PUBLIC DRINKING

 

Sections:

 

9.26.010      Definitions.

9.26.020      Unlawful within city limits.

 

9.26.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

A.  "Alcohol" means ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.

 

B.  "Alcoholic beverage" means a compound produced and sold for human consumption as a drink that contains more than one‑half percent of alcohol by volume.

 

C   ."Beer" means a malt beverage containing not more than seven percent of alcohol by weight.

 

D. "Liquor" means an alcoholic beverage except beer and table wine.

 

E.  "Malt beverage" means an alcoholic beverage made by the fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with or without hops or their parts or their products and

with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared therefrom and with or without other wholesome products suitable for human food consumption.

 

F.  "Public display or exhibition of beer, wine, or liquor" means the carrying and exhibiting of open cans or bottles of beer or the carrying and exhibition of glasses or other types of containers for beer, wine or liquor, even though empty, on or within any public place as defined here­in or within any vehicle that is upon a public place as de­fined herein. This definition does not include carrying or transporting beer, wine or liquor from retail or wholesale liquor or beer establishments in sacks, cases, boxes, cartons or other similar containers if the seal for the alco­holic beverage container is unbroken: nor does this defini­tion include those situations wherein the alcoholic beverage container is being transported or carried to a recycling center or garbage disposal site; nor does this definition include transportation of alcoholic containers in a compart­ment of a vehicle that is outside the passenger area of the vehicle and which area is not accessible to the driver and passenger of the vehicle from the passenger area while the vehicle is in operation.

 

G. "Public drinking" means the drinking or consuming of beer, wine or liquor within or upon any vehicle that is upon a public place as defined herein or upon any public place in the city.

 

H.  "Public places" means all vehicles, streets, ave­nues, alleys, publicly owned parking lots and privately owned parking lots open to the public for parking in the city, except the parking lots on the University of Montana campus which has its own university law enforcement staff and which makes its own regulations pertaining to alcohol consumption in parking lots. This definition does not in­clude the premises licensed for the sale of liquor or beer at retail by the Liquor Division of the Montana Department of Revenue. For purposes of this definition, the term "premises" shall have the same meaning attributed to that term by the Department of Revenue pursuant to its admin­istrative regulations, which term is defined as follows: the building or any specific portion of any building in which the liquor and/or beer business is conducted and those areas in which the licensee operates a sidewalk cafe, open ­air restaurant or tavern outside of and adjacent to the licensed building and to which patrons are permitted free access from the building.

 

I.   "Table wine" means wine as defined below which contains not more than sixteen percent alcohol by volume.

 

J.  "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.

 

K.  "Wine" means an alcoholic beverage made from the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than one‑half percent but not more than twenty‑four percent of alcohol by volume. Other alcoholic beverages made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine. (Ord. 2751 §1, 1990; Ord. 2567 §1, 1987; Ord. 2149 §1 (part), 1980: prior code §3‑13).

 

9.26.020  Unlawful within city limits. Public drinking and public display and exhibition of beer, wine or liquor as defined in this chapter are prohibited, and it is unlawful for any person to engage in public drinking, public display or exhibition of beer or liquor within the city limits. Any organization desiring to serve beer, wine or liquor upon a public place as defined in this chapter as part of a promotion celebration or other organized activity may obtain a permit from the mayor's office to use the public place for one day. Issuance of this permit shall occur only after the use of the public place has been approved by the fire chief, police chief, and whichever of the following is affected: Development Services Director, parking commission or owner or lessee of any parking lot open to the public. Any applicant for a permit shall post a damage and litter deposit or bond pursuant to Chapter 12.42 of this code which will be refundable if after the use has occurred all litter associated with the permitted use has been picked up and there has been no damage to the public place as a result of the permitted use. (Ord. 3492, 2013; Ord. 2751 §2, 1990; Ord. 2567 §2, 1987; Ord. 2149 §1(part), 1980: prior code §3‑14).

 

Chapter 9.28

 

GLUE SNIFFING (Repealed, Ord. 3381, 2008)

 

Sections:

 

9.28.010  Repealed. (Ord. 3381, 2008; Prior code §21‑11.1 (part)).

 

9.28.020  Repealed. (Ord. 3381, 2008; Prior code §21‑11.1 (part)).

 

9.28.030  Repealed. (Ord. 3381, 2008; Prior code §21‑11.1 (part)).

 

Chapter 9.30

 

NOISE CONTROL

 

Sections:

 

9.30.010  Declaration of policy.

9.30.020  Definitions.

9.30.030  Creating excessive noise prohibited.

9.30.035  Jake brakes prohibited.

9.30.040  Maximum permissible noise levels. 

9.30.050  Measurements of noise.

9.30.060  Action to abate nuisance.

9.30.070  Permit for relief from noise level.

9.30.080  Violation‑‑Penalty.

 

9.30.010  Declaration of policy. It is declared to be the public policy of the city to regulate the ambient noise levels in the city so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city. It is the public policy of the city that every person is entitled to live in an environment where ambient noise levels are not detri­mental of life, health and enjoyment of his property and community. It is declared that the making, creation and maintenance of excessive and unnecessary noises within the city level and a reference sound pressure level is twenty times the logarithm of their ratio (i.e., SPL(dB) = 20 log Pa/Po e.g. an increase of 6 decibels (dB) represents a doubling of the sound pressure level, and a decrease of 6 dB represents a halving of the sound pressure level (SPL).)

 

9.30.020  Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set out below:

 

A.  “Commercial zone” means all those areas designated as commercial districts according to the city zoning laws and including those areas zoned “C-1,” “C,” “C-II,” and “SC” Shopping Center.

 

B.  “dB(A)” means sound level in decibels measured on the “A” scale of a standard level meter having characteristics defined by the American National Standards Institute in their applicable standards.

 

C.  “Decibel” means a unit used to express the magnitude of the change in sound intensity or some pressure level.  The difference in decibels between a measured sound pressure level and a reference sound pressure level is twenty times the logarithm of their ratio (i.e., SPL(dB) = 20 log Pa/Po e.g. an increase of 6 decibels (dB) represents a doubling of the sound pressure level, and a decrease of 6 dB represents a halving of the sound pressure level (SPL).)

 

D. "Health" means an optimal state of physical, mental and emotional well-being, and not merely the absence of disease.

 

E.  "Industrial zone" means all those areas designated as Industrial districts according to the city zoning laws and including those areas zoned "I‑11."

 

F.  "Light industrial zone" means all those areas designated as Light Industrial districts according to Title 19 and including those areas zoned "D" and "I‑1."

 

G. "Open Space and Public Lands zone" means all those areas designated as Open Space and Public Lands districts according to the city zoning laws and including those areas zoned "P‑I" and "P‑II."

 

H.    "Residential zone" means all those areas designated as essentially residential districts according to the city zoning laws and including those areas zoned "A," "B," "BN," "BC," "RH, '' “R-1,” “R-II,” “R-III,” "R‑IV, " "R‑V,” “R‑VI," "RR‑I," and "PUD." (Prior code §20A‑2).

 

I.   “Emergency Backup Generator” means electrical generating equipment used for a short term secondary power supply. (Ord. 3321, 2006; Prior code §20A‑2).

 

9.30.030 Creating excessive noise prohibited.

 

A. The making and creating of an excessive or unusually loud noise within the city as heard without measurement or as measured in the manner prescribed in Section 9.30.050, is declared to be unlawful, except when made under and in compliance with a permit issued pursuant to Section 9.30.070, or except when made by an emergency backup generator as defined in Section 9.30.020.I.

 

B. No person shall operate any vehicle, machine or device or carry on any other activity in such a manner as violates this chapter. (Ord. 3321, 2006; Prior code §20A‑3).

 

9.30.035 Jake brakes prohibited. No person operating a motor vehicle shall use jake brakes (engine compression brakes) to slow a vehicle except in emergency stopping situations within the city limits as well as certain other locations within five miles of the city limits. The locations outside the city limits shall be determined jointly by the city engineer and the county surveyor upon request and approval by the county commissioners.

 

This section may not be enforced against an operator of a motor vehicle until such time as appropriate signs in the proper position with the appropriate legend informing the motorist are placed. (Ord. 2914, 1994).

 

9.30.040 Maximum permissible noise levels.

 

A. Sound levels of noise radiating to a distance of twenty‑five feet or more from a source within the public right‑of‑way or from a private or public property line in excess of the dB(A) levels established for the time periods and zones listed in this section shall constitute prima facie evidence the noise is a public nuisance and a violation of this chapter.

 

SOUND PRESSURE LEVEL LIMITS (in dB (A))

                                                            Day                  Evening            Night

                                                            7:00 a.m.          7:00 p.m.          10:00 P.M.

                                                            to                     to                     to

Zone                                                     7:00 p.m.          10:00 p.m.        7:00 a.m.

Residential                                            60                     55                     50

Commercial                                           65                     60                     55

Light industrial                                       70                     65                     60

Heavy industrial                                     80                     75                     70

 

                                                            7:00 p.m.          11:00 P.M.

                                                       to                     to                    

                                                       11:00 P.M.        7:00 a.m.

 

Commercial                                           65                     55

Special event

 

The decibel noise level with respect to special events shall be measured at the closest point of complaint as requested by the complainant. For purposes of the noise ordinance a "special event" shall have the same meaning as that term is defined in Section 12.58.020.

 

When a noise source can be identified and its noise measured in more than one zone, the sound pressure level limits of the most restrictive zone shall apply, at the zone boundary.

 

B.  In the hours between seven a.m. and the next seven p.m., the noise levels permitted in subsection (A) of this section may be increased by ten dB(A) for a period not to exceed fifteen minutes in any one‑hour period.

 

C.  Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority. If no time limitation is imposed, then for a reasonable period for completion of project.

 

D. All railroad rights‑of‑way shall be considered as industrial zones for the purposes of this chapter, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

 

E.  This chapter is applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, except during the specific period or periods of time within which such use of the property is authorized by the jurisdictional authorities.

 

F.  Except for such vehicles as are designed exclu­sively for racing purposes, no person shall sell or offer for sale a new motor vehicle or any self‑propelled vehicle designed for off‑highway use which produces a maximum noise exceeding the following noise limits as measured at a distance of twenty‑five feet from the center of the lane of travel or twenty‑five feet from such vehicle designed for off‑highway use, under test procedures established by the city council or its designee. All motorcycles operated in the streets and highways of the city shall be equipped at all times with noise suppression devices, including an exhaust muffler, in good working order and in constant operation. The permissible noise levels for motor vehicles or refrigeration units on public rights‑of‑way and other places are as follows:

 

1.  Any motorcycle, including motor‑driven cycle............................................................. 80dB(A)

 

2.  Any motor vehicle with gross vehicle rating of 10,000 pounds or more ....................... 86dB(A)

 

3.  Any other motor vehicle............................................................................................ 80dB(A)

 

4.  Any motor vehicle designed and operating off the public right‑of‑way......................... 80dB(A)

 

G. The requirements, prohibitions and terms of this chapter shall not apply to warning signal devices of any authorized emergency vehicle acting in time of emergency. Nor shall these terms apply to activities of a temporary duration permitted by law and for which a license or permit has been granted by the city, including, but not limited to, parades and fireworks displays.

 

H.  Operating or permitting to be operated, any loudspeaker or other source of amplified sound in such a manner as to violate the permissible noise exposures of the U.S. Occupational Safety and Health Act (OSHA) for any employees in any enclosed place of public entertainment shall be a violation of this chapter. (Ord. 2902 §1, 1994; Ord. 2622 §1, 1988: prior code §20A‑4).

 

9.30.050 Measurements of noise. For the purpose of determining and classifying any noise as excessive or unusually loud, as prohibited by this chapter, the following test measurements and requirements may be applied; but a violation of Section 9.30.030 may occur without the following measurements:

 

A.  The noise shall be measured on a sound level meter meeting current American National Standard Institute standards, operated on the "A" weighted scale.

 

B.  In all sound level measurements, ambient noise shall be at least 10 dB(A) below the specific noise source being measured.

 

C.  In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time of such sound level measurements. (Prior code §20A‑5)

 

9.30.060 Action to abate nuisance. Whenever there is reason to believe a nuisance exists as defined in Section 9.30.040, any resident of the city may maintain in action in equity in the district court to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the building or place in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance. The court may stay the effect of any order is­sued under this section for such time as is reasonably nec­essary for the defendant to come into compliance with the provisions of this chapter. (Prior code §20A‑6)

 

9.30.070  Permit for relief from noise level. Applications for a permit for relief from the noise level designated in this chapter, on the basis of undue hardship, may be made to the city council or its duly authorized representative. Any permit so granted shall contain all conditions upon which it has been granted and shall specify a reasonable time that the permit shall be effective. The city council, or its duly authorized representative, may grant the relief as applied for if it finds:

 

A.  That additional time is necessary for applicant to alter or modify his activity or operation to comply with this chapter; or

 

B. The activity, operation or noise source will be of temporary duration and cannot be done in a manner complying with Section 9.30.040(A); and

 

C.  That no other reasonable alternative is available to applicant; and

 

D. The city council may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Prior code §20A‑7).

 

9.30.080 Violation‑‑Penalty.

 

A. Any person, part­nership, association or corporation violating the provi­sions of this chapter shall be fined not more than three hundred dollars, and each offense or violation of this chapter shall be deemed a separate and distinct offense.

 

B.  Any person selling or offering for sale a vehicle in violation of Section 9.30.040(A) shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars. (Prior code §20A‑8).

 

Chapter 9.32

 

SOUND DEVICES

 

Sections:

 

9.32.010      Transportation of sound devices through city.

9.32.020      Permit requirement.

 

9.32.010  Transportation of sound devices through city. The construction, maintenance, operation, moving, carrying or transportation beside, along or upon any street, alley or public highway within the city of any radio, phonograph or other musical instrument, or other sound producing device, while same is producing, or reproducing sound, song, speech or music is declared to be a nuisance and is prohibited, except as provided in Section 9.32.020. (Prior code §21‑28).

 

9.32.020Permit requirement.

 

A.         The chief of po­lice, upon application, has the power to issue a permit to any person to use or operate a radio, phonograph or other sound producing device beside, along or upon any public highway within the city. Any person to whom a permit is issued under this section shall operate all sound producing devices in compliance with Chapter 9.30 relating to noise control.

 

B.  Upon receipt of evidence that the permit‑holder is not operating in compliance with Chapter 9.30, the chief of police may suspend the permit. In the event that the per­mit is suspended, the permit holder may seek removal of the suspension from the city council at the next regular meeting thereof. At such meeting the council may revoke the permit, reinstate the permit, or reinstate the permit subject to conditions. (Ord. 2042 §4, 1979: prior code §2129) .

 

Chapter 9.34

 

PEDESTRIAN INTERFERENCE

 

Sections:

 

9.34.010      Title.

9.34.020      Purposes.

9.34.030      Definitions.

9.34.040      Prohibited conduct.

9.34.050      Violation‑‑Penalty.

 

9.34.010 Title. This chapter shall be known as the city of Missoula Pedestrian Interference Act. (Ord. 3521, 2014; Ord. 2861 §1, 1993; Ord. 2853 §1, 1993).

 

9.34.020  Purposes. The purpose of this chapter is to protect the health, safety and welfare of the citizens of and visitors to the city by prohibiting acts of aggression or interference towards pedestrians.  This includes prohibiting actions that intentionally obstruct pedestrian passage on public bridges, streets, sidewalks, parks and other publicly held or owned lands. The city council declares that such prohibitions are necessary and desirable for the following reasons:

A.     The city deems it necessary to find solutions to make it easier for the city’s diverse residents and visitors to share public areas. 

B.     The city deems it necessary to find solutions to encourage courteous behavior of people in order to promote greater tolerance and civility towards each other while narrowly defining unacceptable behaviors.

C.     Records kept by the Downtown Business Improvement District of Missoula (BID) show there has been an increase in the number of persons interfering with, obstructing, harassing, threatening and intimidating other pedestrians on city streets in recent years, many of whom are wearing or carrying weapons or who are more aggressive or intimidating in their conduct. This conduct has been either related to obstruction of pedestrian passage or soliciting of pedestrians;

D.     The police department and other city offices have received complaints from citizens complaining that they are afraid to walk, or as business people, are afraid to allow their customers to walk on downtown city streets and riverfront walkways as a result of the aggressive, intimidating conduct of persons soliciting and/or conduct of persons harassing, intimidating, interfering with, obstructing or accosting pedestrians or people in public places;

E.     The city deems it necessary to protect the rights of its citizens and visitors to move openly and freely on the city streets, sidewalks, walkways, parks and other public places without fear of being harassed, interfered with, obstructed, accosted, intimidated, injured or robbed by ag­gressive individuals interfering with their passage; and

F.     The city deems it necessary to protect pedestrians, in public places on public property from obstruction, interference, intimidation, harassment, damage or injury caused or partially attributable to being accosted, ha­rassed, interfered with or obstructed by any person, espe­cially someone with a weapon.

 (Ord. 3521, 2014; Ord. 3411 §1, 2009; Ord. 2861 §2, 1993; Ord. 2853 §2, 1993).

 

9.34.030 Definitions. The following definitions shall apply to the provisions of this chapter.

A.        "Accost" means physically approaching or, when in close proximity to an individual, speaking to that individual in such a manner as would cause a reasonable person to fear imminent bodily harm or fear endangerment that the commission of a criminal act upon his or her person, or upon property in his or her immediate possession, may be about to be committed by the accoster. "Accost" does not include passive, nonobstructive speech or conduct while standing or sitting along the side of a sidewalk or walkway if it does not physically obstruct pedestrians.

B.      “Harass” means words, conduct, or actions directed toward another which would reasonably be expected to annoy, alarm, or cause emotional distress. Repeated or persistent harassment of individuals in a similar circumstance infers intent to harass the individual subjected to the behavior described.

C.      “Intimidate” means to engage in conduct which would make a reasonable person fearful of imminent harm to his person or property or feel threatened.

D.      "Knowingly" means a person acts knowingly with respect to conduct or to a circumstance described by an ordinance defining an offense when he is aware of his conduct or that the circumstance exists. A person acts know­ingly with respect to the result of conduct described by an ordinance defining an offence when he is aware that it is highly probable that such result will be caused by his conduct. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence. Equivalent terms such as "knowing" or "with knowledge" have the same meaning.

E.      "Obstruct" means to walk, stand, sit, lie or place an object in such a manner as to impair, hinder or block passage by another person or to require another person to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest shall not constitute obstruction of or interference with pedestrian traffic.

F.      “Public Place” means a place to which the public or a substantial group of people has access.

G.      "Purposely" means a person acts purposely with respect to a result or to conduct described by an ordinance defining an offense if it is his conscious object to engage in that conduct or to cause that result. When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negates the harm or evil sought to be prevented by the law defining the offense. Equivalent terms such as "purpose" and "with the purpose" have the same meaning.

H.      “Sit” means to be in a position in which your bottom is resting on a chair, the ground, etc. with your back upright.

I.       "Weapon" means any firearm, knife, sword, club or any other object used as a weapon by the offender when violating the provisions of this chapter.

(Ord. 3521, 2014; Ord. 3411 §2, 2009, 2009Ord. 2861 §3, 1993; Ord. 2853 §3, 1993).

 

9.34.040 Prohibited conduct. The following conduct or action is prohibited pursuant to the city of Missoula "Pedestrian Interference Act" and is considered to be a violation of this chapter.

A.        It is unlawful for any person to sit, lie or sleep on a sidewalk within  ten(10) feet of a public entrance to a commercial building,  in the City of Missoula’s Central Business District.

B.        It is unlawful for any person to sit, lie or sleep upon any street or alley within the city limits of Missoula.

C.      It is unlawful for any person to lie or sleep on a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk during the hours between 6:00 am and 11:00 pm in the City of Missoula’s Central Business District:

D.      It is unlawful for any person to sit, lie or sleep on or within ten (10) feet of any entrance/exit to, any pedestrian foot bridge, including but not limited to the Van Buren Street, Madison Street, California Street and North Side pedestrian foot bridges.;

E.      t is unlawful for any person to walk, stand, sit or place an object in such a manner which obstructs or hinders passage of pedestrians on any street crosswalk, sidewalk or other public right-of-way by leaving less than six contiguous feet (6’) of clear right-of-way for pedestrian passage for sidewalks that are twelve feet or wider in width, and no less than fifty percent (50%) of the sidewalk width for clear right-of-way for pedestrian passage on sidewalks within the city limits

F.      It is unlawful for any person on a public bridge, sidewalk, walkway, park or any other publicly held or owned land to purposely or knowingly harass or intimidate another person as defined herein.

G.      Exceptions.  The prohibition in Section 9.34.040(A and C) shall not apply to any person:

1.   Sitting or lying down on a public sidewalk due to a medical emergency;

2.   Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk;

3.   Operating or patronizing a business which has permission to occupy the sidewalk; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to special event or other permit;

4.   Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner;

5.   Sitting on a public sidewalk within a bus stop zoned while waiting for public or private transportation.

6.    Engaging in constitutionally protected expressive activities which would otherwise be unreasonably restricted by the limitations in Subsections A,  C, of this section.

(Ord. 3411 §3, 2009; Ord. 2861 §4, 1993; Ord. 2853 §4, 1993).

9.34.050 Violation‑‑Penalty. A person shall not be cited under Section 9.34.040 unless the person continues to engage in conduct prohibited by Section 9.34.040 after having been notified at the time of the incident by a law enforcement officer that the conduct violates section 9.34.040.  A person convicted of a violation of this chapter shall be guilty of a misdemeanor and shall be fined not to exceed one hundred dollars.

 

(Ord. 3521, 2014; Ord. 3411 §4, 2009; Ord. 2861 §5, 1993; Ord. 2861 §5, 1993).

 

 

Chapter 9.36

 

SOLICITATION AND AGGRESSIVE SOLICITATION AS ACTS OF DISORDERLY CONDUCT

 

Sections:

 

9.36.010      Title

9.36.020      Purposes

9.36.030      Definitions

9.36.040      Aggressive Soliciting

9.36.050      Soliciting in Certain Places

9.36.060      False or Misleading Soliciting

9.36.070      Violation—Penalty

 

9.36.010  Title. This chapter shall be known as the City of Missoula Solicitation and Aggressive Solicitation as Acts of Disorderly Conduct Act. (Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.020  Purposes. The purpose of this chapter is to protect the health, safety and welfare of the citizens of and visitors to the city by prohibiting acts of aggression or interference towards pedestrians as allowed by Section 7-32-4304 of the Montana Code Annotated.  This includes prohibiting aggressive soliciting actions that threaten, harass, intimidate or cause fear of bodily injury in pedestrians; general soliciting in places where pedestrians and citizens are more open to threats of aggression or harm; general soliciting that poses a threat of harm to pedestrians and vehicle traffic; and false or misleading soliciting actions. The city council declares that such prohibitions are necessary and desirable for the following reasons:

A.      The city deems it necessary to find solutions which make it easier for people to remain in public places peacefully rather than be excluded from them in order to make it easier for the city’s diverse residents and visitors to share public areas with less conflict. 

B.      The city deems it necessary to find solutions to encourage courteous behavior of people in order to promote greater tolerance and civility towards each other while narrowly defining unacceptable behaviors.

C.      There has been an  increase in the number of persons aggressively soliciting, or while soliciting, interfering with, obstructing, harassing, threatening and intimidating other pedestrians, or impeding vehicles and pedestrians in traffic on city streets in recent years.  This conduct has been either related to obstruction of pedestrian passage or soliciting of pedestrians;

D.      The police department and other city offices have received complaints from citizens complaining that they are afraid to walk, or as business people are afraid to allow their customers to walk, on downtown city streets and riverfront walkways as a result of the aggressive, intimidating conduct of persons soliciting and/or conduct of persons harassing, intimidating, interfering with, obstructing or accosting pedestrians or people in public places;

E.      The city deems it necessary to protect the rights of its citizens and visitors to move openly and freely on the city streets, sidewalks, walkways, parks and other public places without fear of being aggressively solicited, harassed, interfered with, ob­structed, accosted, intimidated, injured or robbed by ag­gressive individuals soliciting them or interfering with their passage; and

F.      The city deems it necessary to protect pedestrians, in public places on public property from obstruction, interference, intimidation, harassment, damage or injury caused or partially attributable to being aggressively solicited, accosted, harassed, interfered with or obstructed by any person, especially someone with a weapon.

G.      The city deems it necessary to protect citizens in vehicles from solicitation in general to protect and preserve the welfare and safety of citizens in vehicles and pedestrians on city streets.

(Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.030  Definitions. The following definitions shall apply to the provisions of this chapter.

A.         “Aggressive Manner” shall mean:

1.    Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other things of value;

2.    Continuing to solicit from a person after the person has given a negative response to such soliciting;

3.    Intentionally touching or causing physical contact with another person without that person’s consent in the course of soliciting;

4.    Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

5.    Using violent or threatening gestures towards a person solicited;

6.    Using profane or abusive language which is likely to provoke an immediate violent reaction from the person being solicited;

7.    Following the person being solicited, with the intent of asking that person for money or things of value.

B.         “Harass” means words, conduct, or actions directed toward another which would reasonably be expected to annoy, alarm, or cause emotional distress.

C.         “Intimidate” means to engage in conduct which would make a reasonable person fearful of imminent harm to his person or property or feel threatened.

D.        "Knowingly" means a person acts knowingly with respect to conduct or to a circumstance described by an ordinance defining an offense when he is aware of his con­duct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by an ordinance defining an offence when he is aware that it is highly probable that such result will be caused by his conduct. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is estab­lished if a person is aware of a high probability of its existence. Equivalent terms such as "knowing" or "with knowledge" have the same meaning.

E.          “Public Place” means a place to which the public or a substantial group of people has access.

F.         "Purposely" means a person acts purposely with respect to a result or to conduct described by an ordinance defining an offense if it is his conscious object to engage in that conduct or to cause that result. When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negates the harm or evil sought to be prevented by the law defining the offense. Equivalent terms such as "purpose" and "with the purpose" have the same meaning.

G.        “Soliciting” shall mean asking for money or objects of value, with the intention that the money or object be transferred at that time and at that place.  Soliciting shall include using the spoken, written or printed word, bodily gestures, signs or other means for the purpose of urging, requesting, commanding or obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.040  Aggressive Soliciting. No person shall solicit in an aggressive manner in any public place. (Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.050  Soliciting in Certain Places.  It shall be unlawful for any person to solicit in the following places:

A.    Banks and ATM’s.  No person shall solicit within twenty (20)  feet of any entrance or exit of any check cashing business or bank, or within twenty feet of any automated teller machine.  Provided, however, that when an automated teller machine is located within a building or facility, such distance shall be measured from the entrance or exit of the facility;

B.    Motor Vehicles and Parking Lots. No person shall solicit in any public transportation vehicle, within ten (10) feet of any bus or bus station or stop, in any public or private parking lot or structure, or within ten (10) feet of any parking lot pay box.

C.    No person shall solicit within ten (10) feet of a public entrance to a commercial building in the City of Missoula’s Central Business District. 

D.    No person shall solicit within ten (10) feet of any outdoor patio or sidewalk café where food or drink is served.

E.    No person shall solicit within ten (10) feet of any vendor’s location when the vendor has a valid permit.

F.    No person shall solicit within ten (10)  feet of any pay telephone.

G.    No person shall solicit within ten (10) feet of the entrance to or exit from any public toilet facility, which includes any temporary use site (port-a-toilet).

H.    No personal shall solicit on, or within ten (10) of any entrance/exit to, any pedestrian foot bridge or pedestrian tunnel, including but not limited to the Van Buren Street, Madison Street, California Street and North Side pedestrian foot bridges and the Orange Street and Reserve Street pedestrian tunnels.

I.      No person shall solicit on private or residential property after having been asked to leave or asked to refrain from soliciting by the owner or other person lawfully in possession of such property.

J.     Exemption.  A validly obtained Special Events Permit may provide an exemption to the provisions of this section.  A Special Events permit may be obtained pursuant to Title 12, Chapter 58 of the Missoula Municipal Code.

 (Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.060  False or Misleading Soliciting. It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation.  False or misleading representations include, but are not limited to, the following:

A.     Stating that the solicitor is from out of town and stranded when such is not true;

B.     Stating or suggesting falsely that the solicitor is either a present or former member of the armed service;

C.     Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;

D.     Stating the solicitor is homeless, when he or she is not.

(Ord. 3522, 2014; Ord. 3404, 2009)

 

9.36.070  Violation‑‑Penalty.  A person shall not be cited under Section  9.36.050 unless the person continues to engage in conduct prohibited by section 9.36.050 after having been notified at the time of the incident by a law enforcement officer that the conduct violates section 9.36.050.  A person convicted of a violation of this chapter shall be guilty of a misdemeanor and shall be fined not to exceed one hundred dollars. (Ord. 3522, 2014; Ord. 3404, 2009)

 

 

ARTICLE V. OFFENSES AGAINST PROPERTY

 

Chapter 9.38

 

BILLPOSTING

 

Sections:

 

9.38.010      Declared unlawful.

 

9.38.010  Declared unlawful.

 

A. It is unlawful for any person to paint, print, post, paste, attach or in any way affix any bill, poster, dodger, card or other advertising matter of any kind upon any post, hydrant, curb, sidewalk or other public improvement in any public ground or street, or upon any bridge or part of the same, or upon any public building, structure or erection of any kind belonging to the city, or upon any mast or pole in any street, avenue or alley erected or used for supporting or carrying any wire or cable or incidental thereto, or upon' any lamppost in the city, whether permission therefor has been granted by the owner or owners, or otherwise.

 

B.  It is unlawful for any person, firm or corporation to tack, nail or otherwise attach (or cause to tack, nail or otherwise attach) any placard, poster, picture, printed matter or any type of literature or advertising to any property without first  obtaining the permission of the property owner. (Ord. 2139 §1, 1980: prior code §21‑3).

 

 

Chapter 9.40

 

OFFICIAL NOTICES

 

Sections:

 

9.40.010      Unauthorized removal or destruction declared unlawful.

 

9.40.010  Unauthorized removal or destruction declared unlawful. Every person who tears down or removes from any building,  fence, post, pole, bulletin board or other struc­ture or destroys, effaces or in any way mutilates any official notice of the city, within the limits of the city, unless authorized to do so, is guilty of a misdemeanor. (Prior code §21‑16).

 

 

Chapter 9.42

 

GARDENS AND ORCHARDS

 

Sections:

 

9.42.010  Unlawful removal of fruits, vegetables or plants.

9.42.020  Unlawful destruction of plants.

 

9.42.010  Unlawful removal of fruits, vegetables or plants. No person shall take or carry away from any garden of any kind or from any kind of orchard, without the permission of the owner thereof, any plant, flower, vege­table, bush or fruits that may be growing therein. (Prior code §21‑10).

 

9.42.020  Unlawful destruction of plants. No person shall put up, knock down, destroy in any manner or do anything that would tend to retard the growth of any plant, flower, bush, vegetable or tree in any garden or orchard in the city without the permission of the owner thereof. (Prior code §21‑11).

 

ARTICLE VI. CONSUMER PROTECTION

(Reserved)

 

ARTICLE VII. OFFENSES BY OR AGAINST MINORS

 

Chapter 9.52

 

CURFEW

 

Sections:

 

9.52.010  Purpose.

9.52.020  Curfew for minors established.

9.52.030  Parental responsibility.

9.52.040  Arrest and procedure upon first violation.

9.52.050   Procedure upon second or subsequent violation ‑‑Penalty.

9.52.060  Penalty.

 

9.52.010  Purpose. This minor curfew ordinance codified in this chapter has as its purpose the regulation and prohibition of minors remaining in public places during certain hours of the night for the good of minors in order to protect youth, to reduce nocturnal juvenile crime and juvenile delinquency, and for the furtherance of family responsibility by promoting parental control over their children all in the interests of the public preservation of the peace, health, safety and welfare of the community. (Ord. 2394 §1, 1984).

 

9.52.020  Curfew for minors established.

 

A. It is unlawful for any person less than eighteen years of age to loiter or remain in any public place within the city at night during the following time periods:

 

1.  10:30 p.m. to 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday evenings if there is school the day following the commencement of the evening identified in this section;

2.  11:30 p.m. to 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday evenings if there is no school day following the commencement of the evening identified in this section;

3.  1:00 a.m. to 6:00 a.m. on Friday and Saturday evenings.

 

B.  The following circumstances shall constitute an exception to the curfew regulations established in this section:

 

1. When the minor is accompanied by a parent, legal guardian or adult acting with or by the express authority of the parent or legal guardian;

2.  When the minor is directly engaged in performing in errand for a parent, legal guardian or adult acting with or by the express authority of the parent or legal guardian;

          3.  When the minor is engaged in legal employment or Ls traveling directly to or from his legal employment;

          4.  When the minor is attending religious or school activities, meetings or events;

          5.  When the minor is attending entertainment events such as youth dances (excluding dances in bars, taverns and nightclubs where beer or liquor is sold for on‑premises consumption), theater, concert or sporting events;

6.  When the minor is directly engaged in traveling through the city on a trip;

7.  When returning home or to his motel, hotel or other place of rest and repose by a direct route from any activity, meeting, event or legal employment identified in :his section, the person shall be allowed thirty minutes after departing the activity identified in this section to ‑each his destination.

 

C.  For purposes of this chapter "public place" is in­tended to mean publicly owned or controlled properties, in­cluding buildings, streets, alleys, sidewalks, boulevards, parks, parking lots and private property generally open to the general public, including buildings abutting lands and parking lots as well as vacant lots and other unsupervised areas within the city limits. Sidewalks and boulevards im­mediately abutting a person's residence or place of rest and repose for the evening are excluded from this definition. (Ord. 2394 §2, 1984).

 

9.52.030  Parental responsibility. It is unlawful for a parent, legal guardian or person acting with or by author­ity of a parent or legal guardian with respect to a minor to permit either knowingly or by inefficient control or super­vision to allow a minor to be or remain upon any public place during minor curfew hours under circumstances that violate this chapter and do not constitute an identified exception to the provisions of this chapter. Parents, legal guardians or persons acting with or by authority of the par­ent or legal guardian shall be responsible for violations of this section upon a prima facie showing that they were the adult with authority at the time of the violation and lack of knowledge of the minor's violation or of this chapter shall not constitute a defense for the adult in authority's violation of this section. (Ord 2394 §3, 1984).

 

9.52.040  Arrest and procedure upon first violation. In order that parents and others in parental positions shall have timely forewarning of violations of Sections 9.52.020 and 9.52.030 and opportunity to set a good example and to correct violations in the privacy of the home, the police officers of the city shall immediately take all children found in apparent first violation of Section 9.52.020 to the police station and summon their parents, legal guardians or other persons in loco parentis to the police station and upon their arrival, the child in apparent violation of Sec­tion 9.52.020 shall be remanded to the custody of the par­ent, legal guardian or other persons in loco parentis, or youth court personnel or release the person on their own recognizance in circumstances that warrant such release and the office shall make a report to the chief of police of all children apprehended under this chapter, their residences, their parents and others, if any, charged with their custo­dy. If the parent, guardian or other persons in loco par­entis cannot be located, the child found in apparent vio­lation of Section 9.52.020 shall remain in the custody of the police department, or be turned over to juvenile author­ities, as the chief of police may see fit, for custody until the parent, guardian or other person can be located and so summoned. (Ord. 2394 §4, 1984).

 

9.52.050  Procedure upon second or subsequent violation—Penalty.  Any child found in apparent second or sub­sequent violation of Section 9.52.020 shall be delivered to the juvenile authorities for disposal as the youth court shall decree. (Ord. 2394 §5, 1984).

 

9.52.060  Penalty.

 

A. Any minor found guilty of a violation of this chapter in youth court by a district court judge may be fined up to fifty dollars and/or be otherwise sentenced by the district court youth court as authorized by state law.

 

B.  A person, legal guardian or other person acting with or by authority of a parent or legal guardian who is found guilty of a violation of this chapter may be fined up to five hundred dollars.

 

C.  A penalty of imprisonment may not be imposed as a penalty for a violation of any provision of this chapter. (Ord. 2394 §6, 1984) .

 

Chapter 9.54

 

MINORS PROHIBITED FROM CERTAIN PLACES

 

Sections:

 

9.54.010   Establishment of legal drinking age‑‑Duties of seller of alcoholic beverages.

9.54.020   Permitting minor in tavern or bar declared unlawful.

9.54.030   Exceptions.

 

9.54.010  Establishment of legal drinking age‑‑Duties of seller of alcoholic beverages.

 

A. Pursuant to Montana state law, the legal drinking age in Montana for the consump­tion of alcoholic beverages shall be twenty‑one. It is un­lawful for any one possessing a license authorizing them to sell alcoholic beverages or his or her employee or employ­ees, or any other person to sell, deliver or give away or cause or permit to be sold, delivered or given away an alco­holic beverage to:

    

1.     Any person under twenty‑one years of age;

2.     Any intoxicated person or any person actually, apparently or obviously intoxicated.

 

B.  Except in the case of an alcoholic beverage given to a person under twenty‑one years of age by his parent or guardian for beverage or medicinal purposes or administered to him by his physician or dentist for medicinal purposes or sold to him by a vendor or druggist upon the prescription of a physician, no person shall sell, give or otherwise supply an alcoholic beverage to any person under twenty‑one years of age or permit any person under that age to consume an alcoholic beverage.

 

C.         Any person shall be guilty of a misdemeanor who:

 

1. Invites a person under the age of twenty‑one into a public place where an alcoholic beverage is sold and treats, gives, or purchases an alcoholic beverage for such person;

2.  Permits such person in a public place where an alcoholic beverage is sold to treat, give or purchase liquor for him; or

3.  Holds out such person to be twenty‑one years of age or older to the owner of the establishment or his or her employee or employees. (Ord. 2565 §1, 1987; Ord. 2497 §1, 1986: prior code §19‑7)

 

9.54.020  Permitting minor in tavern or bar declared unlawful. It is unlawful for any person owning or operating a bar, tavern or any other establishment where beer or li­quor is sold for on‑premises consumption, or his or her agent, employee or employees to permit any person under the age of twenty‑one years to enter or visit such establish­ment, or to be loitering about or remain therein, unless such person is accompanied by a parent, spouse or legal guardian or other adult who is at least twenty‑one years of age and who has indicated that they are responsible for the supervision of the minor. This section does not apply to employees less than twenty‑one years old while actually at work, and whose employment requires them to be at such a premises during the course and scope and as a part of their employment. (Ord. 2566 §1, 1987; Ord. 2497 §2, 1986: prior code §19‑8)

 

9.54.030  Exceptions. Section 9.54.020 shall not apply to any of the following establishments where beer or liquor is sold for on‑premises consumption: fraternal organiza­tions, veterans organizations, grocery stores, bowling al­leys and restaurants; provided, however, that in such excep­ted organizations and establishments, any person under the age. of twenty‑one years shall not be permitted to loiter about or remain at the bar or portion of the premises where­in beer or liquor is dispensed. (Ord. 2566 §2, 1987; Ord. 2497 53, 1986: prior code 519‑9)

 

Chapter 9.56

 

POSSESSION OF LIQUOR OR TOBACCO BY MINORS*

 

Sections:

 

9.56.040       Minor purchasing tobacco.

9.56.050       Selling tobacco to minors.

9.56.060       Possession of beer or liquor by minors.

 

9.56.040  Minor purchasing tobacco. It is unlawful for any minor under the age of eighteen years to purchase, pro­cure, obtain, receive or to have in his possession any tobacco, cigars, cigarettes or cigarette papers, and every such minor violating this section shall, upon conviction thereof, be fined in any sum not exceeding fifty dollars. (Prior code §19‑13).

 

9.56.050  Selling tobacco to minors. It is unlawful for any person to sell, give away or deliver to any minor under the age of eighteen years any cigars, cigarettes or tobacco in any form, and the fact that any minor shall pre­sent an order signed by his parents or any other individual over the age of eighteen years shall not justify the sale, giving away or delivery of any cigars, cigarettes or tobacco in any form to any such minor. (Ord. 2752 §4, 1990: prior code §19‑14).

 

9.56.060  Possession of beer or liquor by minors. Any person who has not reached the age of twenty‑one years and who has in his or her possession beer or liquor, unless the possession is authorized pursuant to Montana state law, is guilty of a misdemeanor. (Ord. 2752 §5, 1990; Ord. 2375 §3, 1984: prior code §3‑15).

 

*    For statutory provisions forbidding sale of alcoholic beverages to minors, see MCA §16‑3‑301.

 

 

Chapter 9.58

 

SOCIAL HOST AND RENTAL SPACE GATHERINGS

INVOLVING CONSUMPTION OF ALCOHOL BY MINOR PERSONS

 

Sections:

 

9.58.010 Purpose, Findings

9.58.020 Definitions

9.58.030 Prohibited Acts

9.58.040 Penalties

 

9.58.010 Purpose, Findings.

A. Consumption of alcoholic beverages by minor persons presents numerous problems for the Missoula community, minor persons, and law enforcement. Specifically:

 

1.   Underage consumption and possession of alcohol are ongoing problems in the Missoula community;

2.   Reportedly Montana teens have one of the highest binge drinking (heavy episodic – defined as 5 or more drinks in one sitting) rates in the nation;

3.   Provision of alcohol to individuals less than 21 years of age is generally unlawful and generates problems for law enforcement;

4.   Law enforcement has expended countless man-hours and countless resources on enforcement of underage drinking laws which has detracted from their ability to tend to violent crime and other necessary law enforcement activities;

5.   Parties and gatherings at locations where unlawful alcohol related offenses occur are significant problems for Missoula law enforcement; and

6.   Alcohol abuse is also linked to numerous other health and life issues for our youth, including, but certainly not limited to, injuries and death due to vehicle crashes as a result of impaired driving, sexual assault, teenage and pre-teen sexual activity, and pregnancy, sexually transmitted diseases, physical assault, and academic difficulties.

 

B. The Missoula City Council finds and declares that the purpose of this ordinance includes:

 

1.   Providing accountability to those persons responsible for unlawful alcohol related conduct at parties and gatherings;

2.   Protecting public health, safety, and general welfare;

3.   Enforcing laws prohibiting the consumption of alcohol by minor persons; and

4.   Pursuant to Mont. Code Ann. §§ 7-1-4123, 7-1-4124, and 7-32-4302, the City of Missoula has the legislative power, subject to the provisions of state law, to adopt, amend, and repeal ordinances and resolutions required to:

a.   Preserve the peace and order and secure freedom from dangerous and noxious activities;

b.   Secure and promote the general public health and welfare; and

c.   Prevent and punish minor persons' intoxication, loud noises, disorderly conduct, and acts or conduct calculated to disturb the public peace or which are offensive to public morals within its limits.

 

9.58.020 Definitions.

A.   "Alcohol" means the same as defined in Mont. Code Ann. § 16-1-106.

 

B.   "Alcoholic Beverage" means the same as defined in Mont. Code Ann. § 16-1-106.

 

C.   "Gathering" means a party or event where a group of three or more persons has assembled or is assembling for a social occasion or social activity.

 

D.   "Knowingly" a person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when the person is aware of the person's own conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when the person is aware that it is highly probable that the result will be caused by the person's conduct. When knowledge of the existence of a particular fact is an element of an offense, knowledge is established if a person is aware of a high probability of its existence. Equivalent terms, such as "knowing" or "with knowledge", have the same meaning.

 

E.   ”Minor Person" means any person under the age of 18.

 

F.   "Parent" means any person having legal custody of a juvenile, including a natural parent, adoptive parent, stepparent, legal guardian, person to whom a court order has given temporary or permanent legal custody.

 

G.   "Premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, fraternity or sorority or other dwelling unit, hall or meeting room, park, pavilion, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party, gathering, or other social function, and whether owned, leased, rented, or used with or without permission or compensation.

 

H.   "Purposely"--a person acts purposely with respect to a result or to conduct described by a statute defining an offense if it is the person's conscious object to engage in that conduct or to cause that result. When a particular purpose is an element of an offense, the element is established although the purpose is conditional, unless the condition negates the harm or evil sought to be prevented by the law defining the offense. Equivalent terms, such as "purpose" and "with the purpose", have the same meaning.

 

I.    "Social Host" means any person of any age who facilitates, encourages, conducts, allows, organizes, supervises, controls, permits or aids another in conducting, allowing, organizing, supervising, controlling, or permitting a party, event, or gathering at which consumption of alcohol by minor persons is occurring. The term shall include, but is not limited to the following:

 

1.    Any person or persons who owns, rents, leases, or otherwise controls the premises where an event, a gathering, activity, or party takes place;

2.    The person or persons in charge of or responsible for the premises;

3.    The person or persons who organized the activity, event, gathering, or party.

 

The term shall not include a property owner, property manager, lessee or parent who does not knowingly or purposely facilitate or encourage any activity, event, gathering, or party, whether or not the activity, event, gathering, or party was permitted or allowed, that resulted in minor persons unlawfully being in possession of or unlawfully consuming an alcoholic beverage.

 

9.58.030 Prohibited Acts.

 

A.   A person violates this chapter when, as a social host for a gathering, that person knowingly or purposely facilitates or encourages minor persons in consuming an alcoholic beverage on a premises within the City and fails to take reasonable steps to prevent the consumption by minor persons. The social host does not have to be present or on the premises at the time the prohibited act occurs. Except as otherwise provided in subsection 9.58.020 (I), absence of the social host from the premises may not be used as a defense.

 

B.   Nothing in this chapter shall be construed to supersede the prohibitions or exceptions set forth in Mont. Code Ann. § 16-6-305 pertaining to regulating the “age limit for sale or provision of alcoholic beverages – liability of provider.”

 

9.58.040 Penalties

 

A.   A person convicted of violating this chapter shall be guilty of a misdemeanor and shall be punished as follows:

1.     For the first offense, a 100 fine, which may not be suspended, plus court costs;

2.     For the second or subsequent offense, a minimum fine of $500.

 

B.   A person under the age of 18 at the time of being charged with a violation of the social host ordinance arising out of any incident occurring while the person was under the age of 18 shall be cited into District Court Youth Court and punished as deemed appropriate by the Youth Court.”

(Ord. 3455, 2011)

 

 

Chapter 9.62

 

DISCHARGING WEAPONS

 

Sections:

 

9.62.010   Declaration of nuisance.

9.62.020   Discharge of firearms within city declared unlawful‑‑Exception.

9.62.030  Unlawful to commit offense of disorderly conduct pursuant to the discharge of fire­arms within certain designated areas within a three‑mile radius of the city limits de­clared unlawful‑‑Exception.

9.62.040  Approval and design of shooting ranges.

9.62.050  Bow and arrow restrictions.

 

9.62.010  Declaration of nuisance. The discharge of firearms within the city limits as well as certain desig­nated areas within five miles of the city limits is hereby declared to be a nuisance per se to both the health and safety of individuals and, therefore, it is in the public interest to regulate the discharge of firearms in these areas. (Ord. 2342 §1, 1983: prior code §21‑31).

 

9.62.020  Discharge of firearms within city declared unlawful‑‑Exception. No person shall shoot or discharge any pistol, rifle or other firearm within the city, except when done in the lawful defense of the person, property or family, or by a law enforcement officer in the necessary enforcement of the law, or in a regularly organized and supervised firing range. No person shall, under any cir­cumstances, fire or discharge a spring or air rifle, air pistol or pellet gun within the city, except a law enforce­ment officer in the necessary enforcement of the law. No person shall, under any circumstances, shoot, fire, release or discharge any slingshot or similar device within the city. (Ord. 2342 §2, 1983).

 

9.62.030 Unlawful to commit offense of disorderly conduct pursuant to the discharge of firearms within cer­tain designated areas within a three‑mile radius of the city limits declared unlawful‑‑Exception.

 

A. A person commits the offense of disorderly conduct if he knowingly disturbs the peace pursuant to the discharging of a firearm if he shoots or discharges any pistol, rifle or other fire­arm within or near residentially or commercially developed areas within three miles of the city limits in areas that have been expressly designated herein by the city council pursuant to written request of the county commissioners to the mayor and city council as areas where the discharge of firearms would be objectionable except when done in the justifiable use of force in lawful defense of the person, property or family, or by a law  enforcement officer in the necessary enforcement of the law, or in a regularly organized and supervised firing range that has been approved by a local governing body as required by 45‑8‑343(2), MCA.

 

B.  For purposes of this section, the term "knowingly" is defined as follows: A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware of his conduct or that the circumstance exists. A person acts knowingly with respect to the result of conduct described by a statute defining an offense when he is aware that it is highly probable that such result will be caused by his conduct. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence. Equivalent terms such as "knowing" or "with knowledge" have the same meaning.

 

     C.  The areas designated pursuant to this chapter as areas where the discharge of firearms within three miles of the city limits shall be objectionable and shall constitute disorderly conduct shall be as follows:

 

1.  Portions of Mt. Jumbo lying within one mile of city limits (Map #1).

          2.  Portions of Hellgate Canyon lying within five hundred yards of city limits (Map #2).

          3.  Portions of the Larchmont Golf Course, Fort Missoula, McCauley Butte, Maclay Flats, Big Flat Ditch, KYSS Radio tower, KGVO Radio towers, Maclay Bridge, and Buckhouse Bridge land areas as shown on the attached map, all lands being within three miles of the city limits (Map No. 3); except that the Montana Fish, Wildlife and Parks may conduct special shotgun deer hunts for deer damaging crops and on Montana Fish, Wildlife and Parks property as shown on Map No. 3.

 

Deletions or additions may be made from time to time by ordinance passed by the city council pursuant to written request of the county commissioners as herein provided. Each ordinance shall include a map showing the specific area in which this restriction applies.

 

D. A fine of up to five hundred dollars may be imposed for a violation of this section. Imprisonment shall not be available as punishment for a violation of this section. (Ord. 2801 §2, 1992; Ord. 2546 §1, 1987; Ord. 2469 §1, 1985; Ord. 2458 §1, 1985; Ord. 2342 §3, 1983).

 

9.62.040 Approval and design of shooting ranges. Firearms may be discharged at an indoor or outdoor rifle, pistol or shotgun shooting range located within the limits of the city or in a private dwelling if the shooting range is approved by the city council. The city public works director and city building inspector shall be the city staff members responsible for reviewing requests for approval of shooting ranges and advising the city council with respect to their review. The design suggestions for shooting ranges that are printed and distributed by the National Rifle Association shall be followed to the extent feasible and applicable whenever a shooting range is constructed in the city. (Ord. 2359 §1, 1983).

 

9.62.050 Bow and arrow restrictions.

 

A.  No person shall shoot, fire, or otherwise discharge any arrow or projectile through the use of a bow or other device within the city limits, except when done in the lawful defense of the person, property or family; or when done on public or private land that has been approved by the landowner and Montana Fish, Wildlife & Parks (FWP) for a FWP managed bow hunting location; or when done either at an organized and established public or private archery shooting range or gallery; or when done at an archery shooting target area on private grounds or premises under circumstances and in such a manner where any shooting, firing or other discharge of an arrow or projectile can be and is being performed in a manner so as not to endanger person, property, animal or fowl, and also performed in such a manner so as to prevent any arrow or projectile from traversing any grounds or air space outside the established boundaries or limits of any archery shooting range gallery or archery shooting target area on private grounds or premises.

 

B.  No person who is less than fifteen years of age shall shoot, fire, or otherwise discharge any arrow or projectile through the use of a bow or other device except when done in the lawful defense of the person, property or family; or when done while being supervised by an adult as that term is defined in Montana state law. (Ord. 3449; 2010; Ord. 2431 §1, 1985) .

 

Chapter 9.64

Illegal Discrimination

 

Sections:

 

9.64.010  Purpose and Intent

9.64.020  Definitions

9.64.030  Employment discrimination prohibited

9.64.040  Discrimination in public accommodations prohibited

9.64.050  Housing discrimination prohibited

9.64.060  Discrimination in educational institutions prohibited

9.64.070  Retaliation prohibited

9.64.080  Posting of notices

9.64.090  Violation – Penalty and Civil Remedy

 

9.64.010  Purpose and Intent.  It is the intent of the City of Missoula that no person shall be denied his or her civil rights or be discriminated against based upon his or her actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity or expression.  The city council declares that such discrimination prohibitions are necessary and desirable for the following reasons:

 

A.      The city deems it necessary consistent with Montana’s illegal discrimination law to identify, protect and safeguard the right and opportunity of all persons to be free from discrimination as identified in Montana’s illegal discrimination laws as well as to address and make it illegal to discriminate on the basis of sexual orientation, gender identity or expression. 

B.      The city finds that discrimination in the areas of employment, public accommodations and housing is a serious threat to the health, safety, and general welfare of the community.  Discrimination creates strife and unrest and deprives the city of its full capacity for economic development by decreasing productivity and increasing demand for city services. 

C.      The city has received public testimony and written complaints from citizens reporting instances of discrimination.  The city finds that existing state and federal laws regarding discrimination do not adequately address all discriminatory acts reported by the city’s diverse residents.  The city deems it necessary to adopt local regulations adapted to the needs of its citizens.

D.      Nothing in this chapter is intended to alter or abridge other rights, protections, or privileges secured by state or federal law, including state and federal constitutional protections of freedom of speech and exercise of religion.

(Ord. 3428 §1, 2010)

 

9.64.020  Definitions.  As used in this chapter , unless the context requires otherwise, the following definitions apply:

 

(1)  “Age” means the length of time from the date of birth.

(2)  “Discrimination,” “discriminate” or “discriminatory” means any act, policy, or practice that has the effect of unfavorably subjecting any person to different or separate treatment on the basis of their actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity or expression, or because of their association with a person or group of people so identified.  Discrimination based on physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability.  An accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

(3)  "Educational institution" means a public or private institution and includes an academy; college; elementary or secondary school; extension course; kindergarten; nursery; school system; university; business, nursing, professional, secretarial, technical, or vocational school; or agent of an educational institution.

(4)  “Employee” means an individual employed by an employer.

(5)  “Employer” means an employer of one or more persons or an agent of the employer but does not include a fraternal, charitable, or religious association or corporation if the association or corporation is not organized either for private profit or to provide accommodations or services that are available on a nonmembership basis.

(6)  "Employment agency" means a person undertaking to procure employees or opportunities to work.

(7)  “Familial status” means having a child or children who live or will live with a person. A distinction based on familial status includes one that is based on the age of a child or children who live or will live with a person.

(8)  “Gender identity or expression” means a gender-related identity expression, or behavior, regardless of the individual’s sex at birth.

(9)  “Housing accommodation” means a building or portion of a building, whether constructed or to be constructed, that is or will be used as the home, domicile, residence, or sleeping quarters of its occupants.

(10)     “Labor organization” means an organization or an agent of an organization organized for the purpose, in whole or in part, of collective bargaining, of dealing with employers concerning grievances or terms or conditions of employment, or of other mutual aid and protection of employees.

(11)     “Marital status” means being married, never married, divorced, or widowed.

(12)     “Perceived” refers to the perception of the actor, and not to the perception of the person for or against whom the action is taken.

(13)     "Person" means one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated employees' associations, employers, employment agencies, organizations, or labor organizations.

(14)     (a)  "Physical or mental disability" means:

(i)  a physical or mental impairment that substantially limits one or more of a person's major life activities;

(ii)  a record of such an impairment; or

(iii)  a condition regarded as such an impairment.

(b)  Discrimination based on, because of, on the basis of, or on the grounds of physical or mental disability includes the failure to make reasonable accommodations that are required by an otherwise qualified person who has a physical or mental disability. An accommodation that would require an undue hardship or that would endanger the health or safety of any person is not a reasonable accommodation.

(15)     (a)  "Public accommodation" means a place that caters or offers its services, goods, or facilities to the general public subject only to the conditions and limitations established by law and applicable to all persons. It includes without limitation a public inn, restaurant, eating house, hotel, roadhouse, place where food or alcoholic beverages or malt liquors are sold for consumption, motel, soda fountain, soft drink parlor, tavern, nightclub, trailer park, resort, campground, barbering, cosmetology, electrology, esthetics, or manicuring salon or shop, bathroom, resthouse, theater, swimming pool, skating rink, golf course, cafe, ice cream parlor, transportation company, or hospital and all other public amusement and business establishments.

(b)  Public accommodation does not include an institution, club, or place of accommodation that proves that it is by its nature distinctly private. An institution, club, or place of accommodation may not be considered by its nature distinctly private if it has more than 100 members, provides regular meal service, and regularly receives payment for dues, fees, use of space, facilities, services, meals, or beverages, directly or indirectly, from or on behalf of nonmembers, for the furtherance of trade or business. For the purposes of this subsection (20), any lodge of a recognized national fraternal organization is considered by its nature distinctly private.

(16)     “Sexual orientation” means heterosexuality, bisexuality, or homosexuality.

 

Text Box: Legislative note:  Pursuant to subsection 7-1-111(3) MCA the provisions of the ordinance do not apply to or affect “the public school system.”

 

 

 

(Ord. 3428 §2, 2010)

 

9.64.030  Employment discrimination prohibited. 

A.      No employer shall discriminate in the employment, failure to hire, refusal to hire, compensation, work classification, terms, conditions, or privileges of employment, including promotion, demotion, or termination of employment.

B.      No employer shall fail or refuse to refer for employment, or give negative information to a potential employer of an individual, in such a manner that would deprive or limit an individual’s employment opportunities or that would otherwise adversely affect an individual’s status as an applicant or prospective employee, for a discriminatory reason.

C.      No labor organization shall discriminate in limiting membership, conditions of membership, or termination of membership of any person in any labor union or apprenticeship program.

D.      No employment agency shall discriminate in the procurement or recruitment of any person for possible employment with an employer.

(Ord. 3428 §3, 2010)

 

9.64.040  Discrimination in public accommodations prohibited.  It shall be unlawful for a place of public accommodation to deny, directly or indirectly, any person the full and equal access enjoyment of the goods, services, activities, facilities, privileges, advantages, and accommodations for a discriminatory reason. (Ord. 3428 §4, 2010)

 

9.64.050  Housing discrimination prohibited.  It is unlawful for any person, owner, manager, employee, or any entity whose business includes engaging in any residential real estate related transactions to discriminate in the sale, lease or rental of any housing facility, or to otherwise discriminate in the terms, conditions, maintenance, improvement or repair of any housing facility.  The rental of sleeping rooms in a private residence designed as a single dwelling unit in which the owner also resides is excluded from this section provided that the owner rents no more than three sleeping rooms within the residence. (Ord. 3428 §5, 2010)

 

9.64.060  Discrimination in educational institutions prohibited.  It shall be unlawful for any educational institution to deny, restrict, abridge or condition the use of, or access to, any educational facilities or services to any person for a discriminatory reason. (Ord. 3428 §6, 2010)

 

9.64.070  Retaliation prohibited.  No person shall coerce, threaten, discharge, expel, blacklist, or otherwise retaliate against another person for opposing any practices prohibited by this chapter, making a complaint, or assisting in an investigation or proceeding regarding an alleged violation of this chapter; nor shall any person require, request conspire with, assist, or coerce another person to retaliate against a person for making a complaint or assisting in an investigation or proceeding. (Ord. 3428 §7, 2010)

 

9.64.080  Posting of notices.  Every employer, business, or entity subject to this chapter shall post in a conspicuous location a notice stating, “Discrimination on the basis of actual or perceived race, color, national origin, ancestry, religion, creed, sex, age, marital or familial status, physical or mental disability, sexual orientation, gender identity or expression is prohibited by the Missoula Municipal Code.”  Entities subject to this chapter may provide the notice by posting it where employee notices are customarily placed. (Ord. 3428 §8, 2010)

 

9.64.090  Violation – Penalty and Civil Remedy. 

A.      Any illegal discrimination specifically addressed by Montana State law shall be submitted to the Montana Department of Labor pursuant to Title 49, Chapters 2 and 3, Montana Code Annotated for processing by the State of Montana. Pursuant to sections 3-6-103 and 3-11-103 Montana Code Annotated it is intended that violations of sections 9.64.010 through 9.64.080 Missoula Municipal Code not specifically addressed by Montana State law are to be civil municipal ordinance violations intended to be enforceable solely by the complaining person claiming a violation of these sections or their authorized representative through a civil proceeding within the exclusive jurisdiction of the City of Missoula Municipal Court. The Montana Rules of Civil Procedure shall apply, except and unless the City of Missoula Municipal Court establishes alternative rules of civil procedure for matters within the exclusive jurisdiction of the City of Missoula Municipal Court.

B.      Any person claiming a violation of this chapter may seek remedies, injunctive relief, or other equitable relief by petition to the municipal court, or any other court of competent jurisdiction. Any person claiming a violation of this ordinance must seek such relief within:

(1)     180 days of the last alleged violation,

(2)     180 days of the conclusion of a grievance proceeding initiated by the complainant in accordance with a procedure as established by a contract, written rule or policy, or collective bargaining agreement, or

(3)     300 days of the last alleged violation if a grievance proceeding initiated by the complainant in accordance with a procedure as established by a contract, written rule or policy, or collective bargaining agreement has not been completed within 120 days of initiation of the proceeding.

 

The initiation of or the granting of relief under a grievance procedure shall not preclude or limit any other claims or remedies available under this chapter. Defendants shall not collect attorney’s fees unless the claim is clearly frivolous, unreasonable, or factually groundless, or the claimant continued to litigate after the claim clearly became so.

C.      In instances where the City of Missoula Municipal Court has found that the defendant in any civil proceeding pursuant to this chapter has violated a section of the chapter three or more times within a twelve (12) month time period, any Fourth and subsequent violations during any twelve (12) month time period may also be charged and prosecuted as a misdemeanor violation. and may be fined up to five hundred dollars for each violation.  There shall be no imprisonment as a penalty for a violation of this chapter

(Ord. 3428 §9, 2010)