§ 1-5. General penalty; continuing violations.  


Latest version.
  • (a)

    In this section the expression "violation of this Code" means:

    (1)

    Doing an act that is prohibited or made or declared unlawful, an offense, a public offense, an offense against the city or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

    (2)

    Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

    (3)

    Failure to perform an act if the failure is declared a misdemeanor, an offense, a public offense, an offense against the city or unlawful by ordinance or by rule or regulation authorized by ordinance.

    (b)

    In this section the expression "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section.

    (c)

    Except as otherwise provided, each person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00, imprisonment or confinement at hard labor for a term not exceeding 90 days or any combination thereof. The penalty imposed upon a corporation shall consist of the fine only, plus costs of court. No penalty shall exceed the maximum established by state statute for the commission of a substantially similar offense. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

    (d)

    The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.

    (e)

    Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

State law reference

Costs in cases of certiorari and appeals, MCA 1972, § 11-53-53; punishment for violation of ordinances, MCA 1972, § 21-13-1; misdemeanors under state penal laws as criminal offenses against municipalities, MCA 1972, § 21-13-19; credit allowed for labor of convicts, treatment, MCA 1972, § 47-1-47.

Cross reference

Traffic fines, § 38-46 et seq.; penalty for violating sewer ordinance, § 42-87.