diff --git a/2017 Code.md b/2017 Code.md index 61d9962..622bb71 100644 --- a/2017 Code.md +++ b/2017 Code.md @@ -1,33 +1,20 @@ -CITY CODE -of -CHOTEAU, MONTANA -1967 +# CITY CODE of CHOTEAU, MONTANA +Since 1967 Contains ordinances up to and including ordinance 314, passed August 22, 2017 -Published by: -STERLING CODIFIERS -an -American Legal Publishing Company -One West Fourth Street  *  3rd Floor  *  Cincinnati, Ohio 45202 -1-833-226-3439 * www.amlegal.com -PREFACE +## PREFACE This City Code of the City of Choteau, as supplemented, contains ordinances up to and including ordinance 314, passed August 22, 2017. Ordinances of the City adopted after said ordinance supersede the provisions of this City Code to the extent that they are in conflict or inconsistent therewith. Consult the City office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed. -Sterling Codifiers -Coeur d'Alene, Idaho   -ADOPTING ORDINANCE -ORDINANCE NUMBER 285 -   TO AMEND ORDINANCE NUMBER 160 -   OF THE CITY CODE OF THE CITY OF CHOTEAU -   RECITAL -   1. WHEREAS, on August 21, 1967 the City Council passed and approved -Ordinance Number 160 which provides as follows: -   "Section 1. From and after the date of passage of this Ordinance the +## ADOPTING ORDINANCE ORDINANCE NUMBER 285 TO AMEND ORDINANCE NUMBER 160 OF THE CITY CODE OF THE CITY OF CHOTEAU +   **RECITAL** +   1. **WHEREAS,** on August 21, 1967 the City Council passed and approved +[Ordinance Number 160](ordinance 160.md) which provides as follows: +   *"Section 1. From and after the date of passage of this Ordinance the Official City Code of the City of Choteau, prepared by Sterling Codifiers, Inc., and hereby approved and accepted shall be the Official Code of all Ordinances of a general and permanent character of the City. @@ -41,15 +28,15 @@ copies. Each such insertion shall be made within thirty (30) days following the date of adoption by the Council, and each new provision shall become effective upon such insertion.    Section 3. At least one (1) copy of this City Code shall at all times be on -file and available for inspection in the office of the Clerk." -   2. WHEREAS, Ordinance 160 of the City Code should be amended to clarify its +file and available for inspection in the office of the Clerk."** +   2. **WHEREAS,** Ordinance 160 of the City Code should be amended to clarify its meaning and to clarify when ordinances become effective; and, -   3. WHEREAS, Section 7-5-4203 Montana Code Annotated provides that ordinances +   3. **WHEREAS,** Section 7-5-4203 Montana Code Annotated provides that ordinances are not effective until at least 30 days after passage. -   NOW, THEREFORE, based upon the above considerations the Council finds that +  **NOW, THEREFORE**, based upon the above considerations the Council finds that the proposed amendment would be in the best interest of the City and its inhabitants: -   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHOTEAU that Ordinance 160 +   **BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHOTEAU** that Ordinance 160 is amended and shall read as follows in its entirety:    "Section 1: The Official City Code of the City of Choteau, prepared by Sterling Codifiers, Inc. or by any other ordinance codifier selected by the @@ -61,44 +48,44 @@ City Code of the City of Choteau on the effective date set forth in the ordinance.    Section 3: The Official City Code shall at all times be on file and available for inspection in the office of the City of Choteau." -   EFFECTIVE DATE: This Ordinance shall take effect thirty (30) days after the +   **EFFECTIVE DATE**: This Ordinance shall take effect thirty (30) days after the date of final passage. -   PASSED AND APPROVED on final passage by the City Council of the City of +   **PASSED AND APPROVED** on final passage by the City Council of the City of Choteau, Montana, this 19th day of October, 1999. -[https://export.amlegal.com/media/a7ce328e03c90fb96723594d121db42e148854c4/ -IMAGES/0-0-0-1276.gif] + Superintendent/Finance Officer City of Choteau (SEAL) -TITLE 1 -ADMINISTRATIVE -CHAPTER 1 -CITY CODE -SECTION: -1-1-1: Title -1-1-2: Acceptance -1-1-3: Amendments -1-1-4: Construction Of Words -1-1-5: Interpretations -1-1-1: TITLE: +--- +## TITLE 1 ADMINISTRATIVE + +## CHAPTER 1 + +**CITY CODE **SECTION**:** +[1-1-1: Title](#1-1-1-title) +[1-1-2: Acceptance](#1-1-2-acceptance) +[1-1-3: Amendments](#1-1-3-amendments) +[1-1-4: Construction Of Words](#1-1-4-construction-of-words) +[1-1-5: Interpretations](#1-1-5-interpretations) +### 1-1-1: TITLE: Upon adoption by the governing body this code is hereby declared to be and shall hereafter constitute the official code of the city. Any reference made to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal document. (1967 Code) -1-1-2: ACCEPTANCE: +### 1-1-2: ACCEPTANCE: This code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this state as the ordinances of the city of general and permanent effect. (1967 Code) -1-1-3: AMENDMENTS: +### 1-1-3: AMENDMENTS: Any ordinance amending this code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the -amendment or revision by ordinance of any part of this code. (Ord. 283, 7-20- +amendment or revision by ordinance of any part of this code. ([Ord. 283](ordinance 283.md), 7-20- 1999) -1-1-4: CONSTRUCTION OF WORDS: +### 1-1-4: CONSTRUCTION OF WORDS: Whenever any word in any section of this code importing the plural number is used, in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although @@ -110,25 +97,25 @@ deemed to be included. Provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. (1967 Code) -1-1-5: INTERPRETATIONS: +### 1-1-5: INTERPRETATIONS: In the determination of the provisions of each section of this code the following rules shall be observed: -   (A)   Intent To Defraud: Whenever an intent to defraud is required in order +A. Intent To Defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person. -   (B)   Liability Of Employers And Agents: When the provisions of any section +B. Liability Of Employers And Agents: When the provisions of any section of this code prohibits the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth. (1967 Code) -CHAPTER 2 -SAVING CLAUSE -SECTION: -1-2-1: Repeal Of General Ordinances -1-2-2: Public Utility Ordinances -1-2-3: Court Proceedings -1-2-1: REPEAL OF GENERAL ORDINANCES: + +## CHAPTER 2 SAVING CLAUSE +**SECTION**: +[1-2-1: Repeal Of General Ordinances](#1-2-1-reoeal-of-general-ordinances) +[1-2-2: Public Utility Ordinances](#1-2-2-public-utility-ordinances) +[1-2-3: Court Proceedings](#1-2-3-court-proceedings) +### 1-2-1: REPEAL OF GENERAL ORDINANCES: All general ordinances of the city passed prior to the adoption of this code are hereby repealed, except such as are referred to herein as being still in force or are by necessary implication herein reserved from repeal (subject to @@ -142,14 +129,14 @@ establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the city; and all special ordinances. (1967 Code) -1-2-2: PUBLIC UTILITY ORDINANCES: +### 1-2-2: PUBLIC UTILITY ORDINANCES: No ordinance relating to railroads or railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this code or by virtue of the preceding section, excepting as this code may contain provisions for such matters, in which case this code shall be considered as amending such ordinance or ordinances in respect of such provisions only. (1967 Code) -1-2-3: COURT PROCEEDINGS: +### 1-2-3: COURT PROCEEDINGS: No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, @@ -172,99 +159,97 @@ any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of the adoption of this code. (1967 Code) -CHAPTER 3 -DEFINITIONS -SECTION: -1-3-1: Definitions, General -1-3-1: DEFINITIONS, GENERAL: +## CHAPTER 3 DEFINITIONS +**SECTION**: +[1-3-1: Definitions, General](#1-3-1-definitions-general) +### 1-3-1: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this code they shall have the meanings herein ascribed to them, unless the content makes such meanings repugnant thereto: -AGENT: A person acting on behalf of another. -CITY: The city of Choteau. -CODE: Unless otherwise specifically stated shall mean this code. -EMPLOYEES: Whenever reference is made in this code to a city employee by title +**AGENT**: A person acting on behalf of another. +**CITY**: The city of Choteau. +**CODE**: Unless otherwise specifically stated shall mean this code. +**EMPLOYEES**: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words of the city of Choteau. -FEE: A sum of money charged by the city for the carrying on of a business, +**FEE**: A sum of money charged by the city for the carrying on of a business, profession or occupation. -KNOWINGLY: Imports only a knowledge that the facts exist which brings the act +**KNOWINGLY**: Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. -LICENSE: The permission granted for the carrying on of a business, profession +**LICENSE**: The permission granted for the carrying on of a business, profession or occupation. -MISDEMEANOR: Any offense deemed a violation of the provisions of this code +**MISDEMEANOR**: Any offense deemed a violation of the provisions of this code which is a lesser offense than a felony as defined by state law. -NEGLECT, NEGLIGENT, NEGLIGENCE OR NEGLIGENTLY: A want of such attention to the +**NEGLECT, NEGLIGENT, NEGLIGENCE OR NEGLIGENTLY**: A want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern. -NUISANCE: Anything offensive or obnoxious to the health and welfare of the +**NUISANCE**: Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of, another person or to the community. -OCCUPANT: As applied to a building or land shall include any person who +**OCCUPANT**: As applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others. -OFFENSE: Any act forbidden by any provision of this code or the omission of any +**OFFENSE**: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code. -OFFICERS: Whenever reference is made in this code to a city officer by title +**OFFICERS**: Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words of the city of Choteau. -OPERATOR: The person who is in charge of any operation, business or profession. -OWNER: As applied to a building or land shall include any part owner, joint +**OPERATOR**: The person who is in charge of any operation, business or profession. +**OWNER**: As applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land. -PERSON: Shall include the singular and the plural and shall also mean and +**PERSON**: Shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, partnership, or any other form of association or organization. -PERSONAL PROPERTY: Shall include every description of money, goods, chattels, +**PERSONAL PROPERTY**: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein. -RETAILER: Unless otherwise specifically defined shall be understood to relate +**RETAILER**: Unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. -STREET: Shall include alleys, lanes, courts, boulevard, public ways, public +**STREET**: Shall include alleys, lanes, courts, boulevard, public ways, public square, public places and sidewalks. -TENANT: As applied to a building or land shall include any person who occupies +**TENANT**: As applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others. -WHOLESALER OR WHOLESALE DEALER: As used in this code unless otherwise +**WHOLESALER OR WHOLESALE DEALER**: As used in this code unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale. -WILFULLY: When applied to the intent with which an act is done or omitted, +**WILFULLY**: When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage. (1967 Code) -CHAPTER 4 -GENERAL PENALTY -SECTION: +## CHAPTER 4 GENERAL PENALTY +**SECTION**: 1-4-1: Penalty 1-4-2: Default 1-4-3: Labor 1-4-4: License 1-4-5: Application -1-4-1: PENALTY: +### 1-4-1: PENALTY: Any person convicted of violating any section of this code shall be fined in a sum not to exceed five hundred dollars ($500.00) for any one offense and such person may be confined in the municipal jail for a period of not more than six (6) months. Either or both such fine and imprisonment may be imposed. (Ord. 196, 5-19-1975) -1-4-2: DEFAULT: +### 1-4-2: DEFAULT: Any person in default of payment of any fine imposed shall be imprisoned in the municipal jail for a period of one day for each ten dollars ($10.00) of such fine. (Ord. 171, 5-20-1968) -1-4-3: LABOR: +### 1-4-3: LABOR: Any person imprisoned under the provisions of this chapter may be put to work for the benefit of the municipality for the term of his imprisonment. No female prisoner shall be required to work in public, nor shall any prisoner be required to work on Sunday. (1967 Code) -1-4-4: LICENSE: +### 1-4-4: LICENSE: When a person is convicted of a violation of any section of this code any license previously issued to him by the municipality may be revoked by the court or by the municipal governing body. (1967 Code) -1-4-5: APPLICATION: +### 1-4-5: APPLICATION: The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code, where any duty @@ -275,9 +260,8 @@ or on which a violation occurs or continues 1 . (1967 Code)   Notes 1 1. For statute provisions see 11-950, 11-954, 11-955. -CHAPTER 5 -WARDS -SECTION: +## CHAPTER 5 WARDS +**SECTION**: 1-5-1: Designation Of Wards 1-5-2: First Ward 1-5-3: Second Ward @@ -285,11 +269,11 @@ SECTION: The city is hereby, for election and such other purposes as are or may hereafter be required by law, divided into two (2) wards, to be known respectfully as the first ward and the second ward. (Ord. 22, 2-16-1914) -1-5-2: FIRST WARD: +### 1-5-2: FIRST WARD: The first ward shall comprise all that territory within the corporate limits of the city lying to the north of the centerline of First Street northwest and First Street northeast. (Ord. 22, 2-16-1914) -1-5-3: SECOND WARD: +### 1-5-3: SECOND WARD: The second ward shall comprise all that territory within the corporate limits of the city lying to the south of the centerline of First Street northwest and First Street northeast 1 . (Ord. 22, 2-16-1914) @@ -298,7 +282,7 @@ Notes 1 1. RCM 11-707. CHAPTER 6 APPOINTIVE OFFICERS -SECTION: +**SECTION**: 1-6-1: Appointive Officers Designated 1-6-2: Clerk 1-6-3: Attorney @@ -309,19 +293,18 @@ SECTION: 1-6-8: Engineer 1-6-9: Abolishment Of Office 1-6-10: Bonds -1-6-1: APPOINTIVE OFFICERS DESIGNATED: +### 1-6-1: APPOINTIVE OFFICERS DESIGNATED: The mayor by and with the consent of the council, shall appoint the following officers: clerk, attorney, police chief, health officer, fire chief, engineer, and such number of policemen as may be from time to time required as -hereinafter provided, or established by action of the council. (Ord. 25, 6-29- -1944) -1-6-2: CLERK: +hereinafter provided, or established by action of the council. ([Ord. 25](ordinance 25.md), 6-29-1944) +### 1-6-2: CLERK: The duties of the clerk shall be such as are prescribed by section 11-805 of the statutes of the state. The clerk shall file with the treasurer a bond in the sum of one thousand dollars ($1,000.00) with sufficient sureties to be approved by the council. -(Ord. 25, 6-29-1944; amd. 1967 Code) -1-6-3: ATTORNEY: +([Ord. 25](ordinance 25.md), 6-29-1944; amd. 1967 Code) +### 1-6-3: ATTORNEY: The duties of the attorney shall be such as prescribed by the statutes of the state of Montana. Upon the request of the attorney, the mayor may appoint one deputy attorney, @@ -329,24 +312,24 @@ with the advice and consent of the council, if necessary for the faithful and prompt discharge of the duties of the attorney. Whenever the official name of the attorney is used in any ordinance or resolution conferring power or imposing duties or liabilities, it also includes -his deputy. (Ord. 216, 8-7-1979) -1-6-4: CHIEF OF POLICE; DUTIES: +his deputy. ([Ord. 216](ordinance 216.md), 8-7-1979) +### 1-6-4: CHIEF OF POLICE; DUTIES: It is the duty of the chief of police: -   (A)   To execute and return all processes issued by the police judge or +   1. To execute and return all processes issued by the police judge or directed to him by any legal authority, and to attend upon the city court regularly. -   (B)   To arrest all persons guilty of a breach of the peace or for the +   2. To arrest all persons guilty of a breach of the peace or for the violation of any provisions of this code, and bring them before the city judge -for trial. (Ord. 25, 6-29-1944; amd. 1967 Code; Ord. 218, 2-19-1980) -   (C)   To have charge and control of all policemen, subject to such rules as +for trial. ([Ord. 25](ordinance 25.md) 6-29-1944; amd. 1967 Code; [Ord. 218](ordinance 218.md) 2-19-1980) +   3. To have charge and control of all policemen, subject to such rules as may be prescribed by law, and to report to the council all delinquencies or neglect of duty or official misconduct of policemen. -   (D)   The chief of police shall have the same power as a constable in the +   4. The chief of police shall have the same power as a constable in the discharge of his duties, but he must not serve a process in any civil action or proceeding except when the city is a party. -   (E)   To perform such other duties as the council may prescribe. (Ord. 25, +   5. To perform such other duties as the council may prescribe. ([Ord. 25](ordinance 25.md), 6-29-1944) -1-6-5: TREASURER: +### 1-6-5: TREASURER: The duties of the treasurer shall be such duties as are prescribed in section 11-807 of the statutes of the state. He shall collect all licenses that may become due, and at the end of each quarter of the fiscal year, and more often @@ -358,7 +341,7 @@ meeting after said report has been filed. The treasurer shall give bond to the city with sufficient sureties to be approved by the council, in the penal sum of five thousand dollars ($5,000.00). The penalty of the bond may be increased or diminished at any time by order of -the council. (Ord. 25, 6-29-1944; amd. 1967 Code) +the council. ([Ord. 25](ordinance 25.md) 6-29-1944; amd. 1967 Code) When any warrant, drawn upon the treasurer of the city pursuant to any ordinance, resolution or direction of the council, is presented to the treasurer for payment and is not paid for want of funds, such treasurer must @@ -366,20 +349,20 @@ endorse thereon the words "Not paid for want of funds", annexing the date of presentation and his signature, and from that time until the warrant is called in for payment, such warrant shall bear interest at the rate of six percent (6%) per annum. (Ord. 4, 5-15-1913) -1-6-6: HEALTH OFFICER: +### 1-6-6: HEALTH OFFICER: The duties of health officer shall be such as are prescribed by the statutes of -the state and the rules and regulations of the state board of health. (Ord. 25, +the state and the rules and regulations of the state board of health. ([Ord. 25](ordinance 25.md) 6-29-1944) -1-6-7: FIRE CHIEF: +### 1-6-7: FIRE CHIEF: The duties of the fire chief shall be such as are prescribed by the statutes of the state, the rules and regulations of the state fire marshal, and the various provisions of this code. He shall have supervision of the engine and firefighting apparatus of the city, and the city firemen shall be under his orders and control. His duties as inspector of buildings shall be such as are -prescribed by the state laws and the provisions of this code. (Ord. 25, 6-29- +prescribed by the state laws and the provisions of this code. ([Ord. 25](ordinance 25.md) 6-29- 1944) -1-6-8: ENGINEER: -   (A)   General Duties: The engineer shall be in charge of all engineering and +### 1-6-8: ENGINEER: +   1. General Duties: The engineer shall be in charge of all engineering and surveying done within the city and shall have general superintendence of all work crews of the city. He shall supervise the location of lines and grades of all streets and sidewalks, alleys, avenues or public ways, and to determine the @@ -391,7 +374,7 @@ work whenever required to do so by the council. He shall have the general supervision of all contract or other work and see that it is performed in a workmanlike manner and in accordance with the authorized plans, and in conformity with the terms of the contract and specifications. -   (B)   Plumbing: He shall have general supervisory control of licensed +   2. Plumbing: He shall have general supervisory control of licensed plumbers and all matters relating to the plumbing, waterworks and sewage connections made, constructed or had within the city, with power to do, carry out and perform all of those duties, matters and things herein elsewhere @@ -399,7 +382,7 @@ provided for in a manner and form as there prescribed, and he shall do, perform and carry out all such other matters and things as may from time to time be required of him by this code or the orders or resolutions of the council or its proper committee or committees. -   (C)   Building Inspector: He shall also perform the duties generally +   3. Building Inspector: He shall also perform the duties generally relating to the office of building inspector and have such duties as are prescribed elsewhere in this code and by the laws of the state with powers generally to do, carry out and perform all matters and things herein provided @@ -407,14 +390,14 @@ for, and he shall also do, carry out and perform such other matters and things relating to said office as may from time to time be required by this code or laws of the state, or the orders and resolutions of the council relating to the office of building inspector. -   (D)   Notes, Profiles And Plans: All surveys, notes of surveys, field notes, +   4. Notes, Profiles And Plans: All surveys, notes of surveys, field notes, maps or profiles, plans and estimates made by him or others in his employ for the city, shall be the property of the city, and shall be carefully preserved in his office and open to the inspection of all persons interested. He shall also make a certified copy of all surveys, notes of surveys, field notes, maps, or profiles, plans and estimates and file the same in the office of the clerk. -(Ord. 25, 6-29-1944) -1-6-9: ABOLISHMENT OF OFFICE: +([Ord. 25](ordinance 25.md) 6-29-1944) +### 1-6-9: ABOLISHMENT OF OFFICE: The council shall have the power to abolish any office, the appointment to which is made by the mayor, with the advice and consent of the council, and discharge any officer so appointed, by a majority vote of the council, but no @@ -425,8 +408,8 @@ any of the elected officers to perform any of the duties of an appointed officer whose office has been abolished. The council, upon written charges, to be entered upon their journal, after notice to the party and after trial by the council, by vote of two-thirds (2/3) of all the members elect, may remove any -officer. (Ord. 25, 6-29-1944) -1-6-10: BONDS: +officer. ([Ord. 25](ordinance 25.md) 6-29-1944) +### 1-6-10: BONDS: The official bonds provided for in this chapter shall run to the city, or its successor, and be conditioned for the faithful performance of all the duties of the respective offices and that the principal therein will account for and turn @@ -434,17 +417,16 @@ over unto his successor or other person lawfully entitled thereto all monies, property or effects belonging to the city or its successor, coming into his hands or control during his term of office. Said bonds, when approved by the council, shall be filed with the clerk, except the bond of the clerk, which -shall be filed with the treasurer. (Ord. 25, 6-29-1944; amd. 1967 Code) -CHAPTER 7 -COUNCIL -SECTION: +shall be filed with the treasurer. ([Ord. 25](ordinance 25.md) 6-29-1944; amd. 1967 Code) +## CHAPTER 7 COUNCIL +**SECTION**: 1-7-1: Term Of Office; Qualifications 1-7-2: Time And Place Of Meetings 1-7-3: Conduct Of Meetings 1-7-4: Quorum 1-7-5: Voting 1-7-6: President Of Council -1-7-1: TERM OF OFFICE; QUALIFICATIONS: +### 1-7-1: TERM OF OFFICE; QUALIFICATIONS: There shall be elected from among the residents of the city two (2) aldermen from each ward, who must, at the first meeting of the council, decide by lot their term of office, one from each ward to hold office for a term of two (2) @@ -459,7 +441,7 @@ city and placed in a ward, for at least one year preceding such election 2 . Notes 1 1. RCM 11-711. 2 2. RCM 11-714. -1-7-2: TIME AND PLACE OF MEETINGS: +### 1-7-2: TIME AND PLACE OF MEETINGS: A regular meeting of the council shall be held the first and third Tuesday of each month at the hour of seven o'clock (7:00) P.M. Special meeting may be called by the mayor, or two (2) aldermen at any other time, the clerk on their @@ -473,7 +455,7 @@ which the special meeting was called, which business must be stated in the notice of the meeting as served upon the members of the council. All meetings unless otherwise ordered for cause shall be held in the office of the clerk of the city. (Ord. 204, 6-7-1977) -1-7-3: CONDUCT OF MEETINGS: +### 1-7-3: CONDUCT OF MEETINGS: At the hour appointed for the meeting, the council shall be called to order by the mayor, or in his absence by the president of the council, or in the absence of both, by the clerk. Upon the appearance of a quorum, the council shall @@ -487,7 +469,7 @@ New business. The foregoing order of business may be suspended on a majority vote, and questions relating to the priority of business shall be decided without debate. (Ord. 57, 6-2-1924; amd. 1967 Code) -1-7-4: QUORUM: +### 1-7-4: QUORUM: A majority of the council, including the presiding officer, shall constitute a quorum to do business, but a smaller number when present may compel the attendance of the absent members by sending the chief of police or other police @@ -504,7 +486,7 @@ The absence from meetings of the council for the continuous period of three (3) months shall work a forfeiture of the office of any member of the council unless leave of absence shall first be asked of and granted by the council. (1967 Code) -1-7-5: VOTING: +### 1-7-5: VOTING: The ayes and nays must be called and recorded on the final passage of any ordinance, bylaw, or resolution on making any contract, and the voting on the election or appointment of any officer must be via voice, and a majority of the @@ -513,7 +495,7 @@ officer, and such vote must be recorded 1 . (1967 Code)   Notes 1 1. RCM 11-1014. -1-7-6: PRESIDENT OF COUNCIL: +### 1-7-6: PRESIDENT OF COUNCIL: The council shall elect a president, who, in the absence of the mayor, shall be the presiding officer and may perform the duties of mayor, and in the absence of the president of the council, it may appoint one of its members to act in @@ -521,9 +503,8 @@ his place 1 . (1967 Code)   Notes 1 2. RCM 11-804. -CHAPTER 8 -CITY COURT -SECTION: +## CHAPTER 8 CITY COURT +**SECTION**: 1-8-1: City Court Hours 1-8-2: Duties Of City Judge 1-8-3: Arrests; Complaints @@ -532,33 +513,33 @@ SECTION: 1-8-6: Collection Of Costs 1-8-7: Reports 1-8-8: Acquittal -1-8-1: CITY COURT HOURS: +### 1-8-1: CITY COURT HOURS: City court shall commence at such hours as the city judge shall designate. -(Ord. 218, 2-19-1980) -1-8-2: DUTIES OF CITY JUDGE: +([Ord. 218](ordinance 218.md) 2-19-1980) +### 1-8-2: DUTIES OF CITY JUDGE: The city judge shall keep a regular docket of proceedings in the court, in which shall be entered in consecutive order a brief synopsis of the proceedings on each case, from the time of arrest up to and including final judgment rendered in the court, and an entry of the appeal, if any appeal is taken. -(Ord. 218, 2-19-1980) -1-8-3: ARRESTS; COMPLAINTS: +([Ord. 218](ordinance 218.md) 2-19-1980) +### 1-8-3: ARRESTS; COMPLAINTS: If in the opinion of the city judge a complaint is malicious or without probable cause, he may demand the payment in advance of the probable costs from the complainant, or security to pay the same within thirty (30) days, before issuing the warrant, and such costs shall be refunded, or the security released -upon the conviction of the defendant. (Ord. 218, 2-19-1980) -1-8-4: BAIL BOND: +upon the conviction of the defendant. ([Ord. 218](ordinance 218.md) 2-19-1980) +### 1-8-4: BAIL BOND: Cash bonds shall be turned over to the treasurer within twenty four (24) hours and his receipt taken therefor, but the treasurer shall not pay the same into any fund until the bond is declared forfeited, and may return the same to the depositor on the order of the city judge when the condition of the bond has -been met. (Ord. 218, 2-19-1980) -1-8-5: CASH BOND: +been met. ([Ord. 218](ordinance 218.md) 2-19-1980) +### 1-8-5: CASH BOND: Any person found guilty of a violation of the provisions of this code which is punishable by a fine, the city judge rendering judgment that the defendant pay such fine, may also direct that he be imprisoned in jail until such fine be -satisfied as provided in chapter 4 of this title. (Ord. 218, 2-19-1980) -1-8-6: COLLECTION OF COSTS: +satisfied as provided in chapter 4 of this title. ([Ord. 218](ordinance 218.md) 2-19-1980) +### 1-8-6: COLLECTION OF COSTS: The city judge shall collect the same costs in civil and criminal actions coming before him as are allowed by statute in similar cases or matters arising under the state laws, and all fines, fees, or charges so collected by him shall @@ -566,9 +547,8 @@ be paid over to the treasurer for the benefit of the city. When a fine imposed by the city judge for the violation of any provision of this code is paid in money, he shall note the payment and the amount thereof with the name of the person paying the same, if it is other than the defendant, on his docket as an -entry in the case, and such entry shall be sufficient receipt therefor. (Ord. -218, 2-19-1980) -1-8-7: REPORTS: +entry in the case, and such entry shall be sufficient receipt therefor. ([Ord. 218](ordinance 218.md), 2-19-1980) +### 1-8-7: REPORTS: The city judge shall make out and file with the clerk at end of each quarter of the fiscal year, a report of the number of cases tried by him for offenses against the provisions of this code, the persons convicted and acquitted, the @@ -577,7 +557,7 @@ days any person convicted has been sentenced to confinement in jail. The receipts of the treasurer for money paid over to him by the city judge during said quarter shall be attached to said report and made a part thereof. (Ord. 218, 2-19-1980) -1-8-8: ACQUITTAL: +### 1-8-8: ACQUITTAL: When any defendant charged with the violation of any of the provisions of this code is acquitted, and if the city judge shall certify in the minutes that the prosecution was malicious or without probable cause, he may order the @@ -587,10 +567,9 @@ a written undertaking with one or more sureties to pay the same within thirty security therefor, the city judge may enter judgment against him for the amount thereof which may be enforced in all respects in the same manner as a judgment rendered in a civil action. An appeal may be taken as in other cases in civil -action. (Ord. 218, 2-19-1980) -CHAPTER 9 -ELECTIONS -SECTION: +action. ([Ord. 218](ordinance 218.md) 2-19-1980) +## CHAPTER 9 ELECTIONS +**SECTION**: 1-9-1: Registration 1-9-2: Qualification Of Electors 1-9-3: Voters; Disqualification @@ -609,41 +588,41 @@ SECTION: 1-9-16: Vacancies May Be Filled By Further Certificates 1-9-17: Errors, How Corrected 1-9-18: Unlawful Interference -1-9-1: REGISTRATION: +### 1-9-1: REGISTRATION: Any elector residing within the corporate limits of the city may register for any city election by appearing before the county clerk and ex officio registrar and making correct answers to all questions propounded by the county clerk touching the items of information called for by such registry card, and by signing and verifying the affidavit or affidavits on the back of such card. (Ord. 187, 2-20-1973) -1-9-2: QUALIFICATION OF ELECTORS: +### 1-9-2: QUALIFICATION OF ELECTORS: Every person of the age of eighteen (18) years or over, possessing the following qualifications if his name is registered as required by law, may vote at all elections held in the city. -   (A)   He must be a citizen of the United States. -   (B)   He must have resided in the state for one year and in the city for six +   1. He must be a citizen of the United States. +   2. He must have resided in the state for one year and in the city for six (6) months, and in the ward for thirty (30) days immediately preceding the election of which he offers to vote. (Ord. 187, 2-20-1973) -1-9-3: VOTERS; DISQUALIFICATION: +### 1-9-3: VOTERS; DISQUALIFICATION: No person who has been convicted of a felony has the right to vote unless he has been pardoned. No person who is an idiot or who is insane is entitled to vote at any election held in this city. (Ord. 187, 2-20-1973) -1-9-4: BIENNIAL ELECTION: +### 1-9-4: BIENNIAL ELECTION: The election of such officers as are by law elected for the city shall be on the first Tuesday of April in each second year. (Ord. 187, 2-20-1973) -1-9-5: PRECINCTS: +### 1-9-5: PRECINCTS: The city shall be divided into precincts for the purpose of such elections, whether biennial or special, as follows: -   (A)   Precinct no. 1, the first ward. -   (B)   Precinct no. 2, the second ward. (Ord. 187, 2-20-1973) -1-9-6: NOTICE: +   1. Precinct no. 1, the first ward. +   2. Precinct no. 2, the second ward. (Ord. 187, 2-20-1973) +### 1-9-6: NOTICE: Notice of every election held in the city shall be prepared by the clerk, stating the purpose of which such election is held, the day upon which it will be held, the place of voting in each ward and the time the polls will open and close and such notice shall be posted in three (3) public places in each ward of the city at least ten (10) days prior to such election, one being the place where the election is held. (Ord. 187, 2-20-1973) -1-9-7: JUDGES AND CLERKS APPOINTMENT: +### 1-9-7: JUDGES AND CLERKS APPOINTMENT: The council must, at least five (5) days before any election, appoint three (3) judges and two (2) clerks of election for each voting precinct, and at such time fix the voting places for each precinct. Such judges or other officers @@ -656,16 +635,16 @@ opening the polls for such election, another shall be chosen by the qualified electors present at such time and place, who shall qualify and act as judge or clerk. Judges and clerks of election shall be entitled to receive compensation as fixed by the city council. (Ord. 187, 2-20-1973) -1-9-8: NAME MUST APPEAR ON REGISTER: +### 1-9-8: NAME MUST APPEAR ON REGISTER: When any person shall offer to vote at any general or special city election, the judges shall examine the registry list for that ward, and if his name be found thereon without challenge and none is offered, shall check the same and deposit his ballot, and the clerks shall enter his name on the poll list. If his name be not on the list, he shall not be allowed to vote. (Ord. 187, 2-20- 1973) -1-9-9: CERTIFICATES OF NOMINATION: +### 1-9-9: CERTIFICATES OF NOMINATION: Candidates for municipal office may be nominated in the following manner: -   (A)   A certificate of nomination containing the name of the candidate for +   1. A certificate of nomination containing the name of the candidate for the office is to be filed with the city clerk with such information as is required in section 1-9-10 of this chapter, must be signed by the electors residing within the @@ -675,67 +654,66 @@ The number of signatures must not be less in number than five percent (5%) of the number of votes cast for the successful candidate for the same office at the next preceding election; but the signatures need not be appended to one paper. -   (B)   Each elector signing the certificate shall add to his signature his +   2. Each elector signing the certificate shall add to his signature his place of residence, his business and his business address. Any such certificate may be filed as provided for in section 1-9-10 of this chapter. (Ord. 187, 2-20-1973) 1-9-10: CERTIFICATE, WHERE FILED, CONTENTS: -   (A)   Certificates of nomination for municipal officers must be filed with +   1. Certificates of nomination for municipal officers must be filed with the city clerk not more than forty five (45) days and not less than thirty (30) days previous to the day of election. -   (B)   Certificates of nomination which must be in writing must contain the +   2. Certificates of nomination which must be in writing must contain the name of the person nominated, his residence, his business, his business address and the office for which he is named. (Ord. 187, 2-20-1973) -1-9-11: NOMINATION REQUIREMENTS: +### 1-9-11: NOMINATION REQUIREMENTS: No certificate of nomination must contain the name of more than one candidate for each office to be filled. No person must join in nominating more than one person for each office to be filled, and no person must accept the nomination to more than one office. (Ord. 187, 2-20-1973) -1-9-12: CERTIFICATES TO BE PRESERVED ONE YEAR: +### 1-9-12: CERTIFICATES TO BE PRESERVED ONE YEAR: The city clerk must cause to be preserved in his office for one year all certificates of nomination filed under the provisions of this chapter. All such certificates must be open to public inspection under proper regulations made by the city clerk with whom the same are filed. (Ord. 187, 2-20-1973) -1-9-13: NOMINEES TO PAY PRESCRIBED FILING FEE: +### 1-9-13: NOMINEES TO PAY PRESCRIBED FILING FEE: All candidates nominated under the provisions of this chapter shall upon filing a certificate of nomination pay to the city clerk with whom the certificates of nomination are required to be filed the fees provided for by section -1-9-14 of this chapter and such filing fee shall be paid by every person whose +### 1-9-14 of this chapter and such filing fee shall be paid by every person whose name appears upon the ballot in any general election, provided, however, that only one filing fee shall be required from any candidate. (Ord. 187, 2-20-1973) -1-9-14: FILING FEES: +### 1-9-14: FILING FEES: The fees required to be paid for filing such certificates of nomination shall be as follows: -   (A)   For any office with a salary attached of one thousand dollars +   1. For any office with a salary attached of one thousand dollars ($1,000.00) or less per annum - ten dollars ($10.00); -   (B)   For any office with a salary attached of more than one thousand +   2. For any office with a salary attached of more than one thousand dollars ($1,000.00) per annum - one percent (1%) of the total amount of the annual salary. (Ord. 187, 2-20-1973) -1-9-15: NOMINATION DECLINED: +### 1-9-15: NOMINATION DECLINED: Any person declining nomination in a municipal election shall make such declination at least five (5) days before an election. (Ord. 187, 2-20-1973) -1-9-16: VACANCIES MAY BE FILLED BY FURTHER CERTIFICATES: +### 1-9-16: VACANCIES MAY BE FILLED BY FURTHER CERTIFICATES: When a vacancy occurs in an office of a candidate before the printing of the ballot for the general election, or if a candidate declines the nomination as provided in this chapter, or if any certificate of nomination is or becomes insufficient or inoperative from any cause, the vacancy or vacancies thus occasioned may be filled in the manner required for original nomination. (Ord. 187, 2-20-1973) -1-9-17: ERRORS, HOW CORRECTED: +### 1-9-17: ERRORS, HOW CORRECTED: Whenever it appears by affidavit that an error or omission has occurred in the publication of the name or description of a candidate nominated for office, or in the printing of the ballot, the district court of the county may, upon application of any elector, order and require the city clerk to correct such error or to show cause why such error should not be corrected. (Ord. 187, 2-20- 1973) -1-9-18: UNLAWFUL INTERFERENCE: +### 1-9-18: UNLAWFUL INTERFERENCE: No person shall by bribery or other improper means or device directly or indirectly attempt to influence any elector in the casting of any ballot nor deter him in the deposit of his ballot or interfere or hinder any voter in the full and free exercise of his right of suffrage. (Ord. 187, 2-20-1973) -CHAPTER 10 -ORDINANCES -SECTION: +## CHAPTER 10 ORDINANCES +**SECTION**: 1-10-1: Publication 1-10-2: Posting 1-10-3: Effective Date @@ -744,7 +722,7 @@ SECTION: 1-10-1: PUBLICATION: All ordinances, bylaws and resolutions of the city shall be published or posted as required by law. (Ord. 1, 5-5-1913; amd. 1967 Code) -1-10-2: POSTING: +### 1-10-2: POSTING: All ordinances, bylaws and resolutions shall be posted for a period of thirty (30) days in three (3) public places, in the city, one of which shall be the city hall, after which they shall be recorded in a book to be kept for that @@ -754,7 +732,7 @@ when so recorded and posted, over his signature, the following certificate: ordinance, bylaw or resolution with said certificate shall be sufficient evidence in any court of the proper, legal publication of said ordinance, bylaw or resolution. (Ord. 1, 5-5-1913; amd. 1967 Code) -1-10-3: EFFECTIVE DATE: +### 1-10-3: EFFECTIVE DATE: All resolutions passed by the council shall be immediately effective unless a delayed effective date is specified. No ordinance passed by the council shall become effective until thirty (30) days after its passage except general @@ -765,12 +743,12 @@ as the ordinance must receive two-thirds (2/3) vote of all the members elected. In emergency ordinances, the resolution shall include only such measures as are immediately necessary for the preservation of peace, health and safety. (Ord. 234, 11-20-1984) -1-10-4: ORDINANCE BOOKS: +### 1-10-4: ORDINANCE BOOKS: The book in which said ordinances, bylaws and resolutions are recorded shall be called the "ordinance book", shall be kept in the custody of the clerk, and shall be open to inspection by the public at all proper times. (Ord. 1, 5-5- 1913) -1-10-5: DESTRUCTION OF RECORDS: +### 1-10-5: DESTRUCTION OF RECORDS: It is hereby declared to be unlawful and a misdemeanor to in any manner alter, mutilate or destroy the copy of any ordinance, bylaw or resolution which has been posted in accordance with the provisions hereof, and any person guilty of @@ -780,18 +758,17 @@ a violation of this section shall be deemed guilty of a misdemeanor 1 . (Ord. Notes 1 1. RCM 11-805, 11-1102.   -CHAPTER 11 -SALARIES AND WAGES -SECTION: +## CHAPTER 11 SALARIES AND WAGES +**SECTION**: 1-11-1: Compensation -1-11-1: COMPENSATION: +### 1-11-1: COMPENSATION: The salaries and wages of the officers and employees of the city shall be fixed and determined by the city council by proper resolution. (Ord. 267, 2-21-1995) CHAPTER 12 CITY FINANCES; FUNDS -SECTION: +**SECTION**: 1-12-1: Special Improvement District Revolving Fund -1-12-1: SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND: +### 1-12-1: SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND: There is hereby created and established in the city of Choteau, Montana, a "special improvement district revolving fund" as authorized by section 11-2269 of the Revised Codes of Montana, 1947, as amended, to be maintained for any @@ -817,11 +794,9 @@ pay the same, an amount sufficient to make up the deficiency may, by order of the council, be loaned by the revolving fund to such district fund to be used and applied as provided by sections 11-2270, 11-2271, 11-2272 and 11-2273, Revised Code of Montana as amended. (Ord. 202, 7-19-1976) -TITLE 2 -DEPARTMENTS -CHAPTER 1 -WATER DEPARTMENT -SECTION: +## TITLE 2 DEPARTMENTS +##CHAPTER 1 WATER DEPARTMENT +**SECTION**: 2-1-1: Duties Of City Superintendent Regarding Water System 2-1-2: Rules And Regulations 2-1-3: Application For Water @@ -850,25 +825,25 @@ SECTION: 2-1-26: Variation In Water Pressure 2-1-27: Supersedes Prior Ordinances And Repealer 2-1-28: Severability -2-1-1: DUTIES OF CITY SUPERINTENDENT REGARDING WATER SYSTEM: +### 2-1-1: DUTIES OF CITY SUPERINTENDENT REGARDING WATER SYSTEM: The city superintendent shall have the following duties regarding the city water department: -   (A)   Executive Officer: Be the general executive officer of the water +   1. Executive Officer: Be the general executive officer of the water system and shall have the immediate control and management of all things pertaining to the water system and shall perform all acts which may be necessary for the prudent, efficient and economical management and protection of the water system, subject to the approval and control of the council. -   (B)   Administration: Have charge of all employees and all property +   2. Administration: Have charge of all employees and all property belonging to, and pertaining to the water system, and shall give written orders for all supplies and materials and preserve a copy of such orders in the office. -   (C)   Contracts And Repairs: Have charge of all contracts and shall see that +   3. Contracts And Repairs: Have charge of all contracts and shall see that they are faithfully executed, and shall have charge of all erection, alteration and repair of all buildings, engines, pumps, fixtures, wells, reservoirs and grounds. The superintendent shall determine the location and size of all water mains, service connections, valves, hydrants and specials, subject to approval by the department of environmental quality. -   (D)   Records: Keep correct record of all mains, hydrants, valves and +   4. Records: Keep correct record of all mains, hydrants, valves and specials and submit all bills, payrolls and accounts to the city for their audit and approval.    (E)   Books And Papers: Have the care and safekeeping, in a place provided @@ -890,13 +865,13 @@ and record kept of same. which are suspected of inaccuracy and cause the same to be remedied.    (K)   Delegation Of Duties: The superintendent may delegate any of the above responsibilities to other city employees. (Ord. 294, 4-16-2002) -2-1-2: RULES AND REGULATIONS: +### 2-1-2: RULES AND REGULATIONS: The rules and regulations hereby established for the management, control and protection of the water system shall be considered to be part of each contract with each customer of city water who will be deemed to have consented to be bound to these rules and regulations. Failure to know the rules will not excuse anyone from the penalty for infringement of such rules. (Ord. 294, 4-16-2002) -2-1-3: APPLICATION FOR WATER: +### 2-1-3: APPLICATION FOR WATER: Applications for city water to be used for any purpose must be made at the city office upon the printed form furnished for that purpose. The application must be signed by the owner or duly authorized agent of the owner of the property to @@ -904,11 +879,11 @@ be served. No taps shall be made to the main until the applicant has signed the contract mentioned herein, and a permit has been issued authorizing the laying and connecting of such pipes as will conform with the application. (Ord. 294, 4-16-2002) -2-1-4: CHARGES FOR CONNECTIONS: +### 2-1-4: CHARGES FOR CONNECTIONS: At the time of making application and signing the contract set forth herein, the applicant shall pay for the cost of the tap and the material furnished by the city for making said connection. (Ord. 294, 4-16-2002) -2-1-5: DISCONTINUANCE OF SERVICE AT REQUEST OF OWNER: +### 2-1-5: DISCONTINUANCE OF SERVICE AT REQUEST OF OWNER: Should an owner of property desire to discontinue the use of water at the owner's property, written notice thereof shall be filed with the city. When the water is ordered shut off from any premises, all charges for water supplied to @@ -917,7 +892,7 @@ be turned off without charge, but the owner shall continue to be obligated to pay the monthly base rate. The owner of property requiring reconnection after voluntary discontinuance of service shall pay a reconnection fee. (Ord. 294, 4- 16-2002) -2-1-6: RESPONSIBILITY FOR SERVICE PIPES AND FIXTURES: +### 2-1-6: RESPONSIBILITY FOR SERVICE PIPES AND FIXTURES: The city is responsible for the water main and main corporation valve. The property owner is responsible for the service pipe from the city water main to the premises together with the curb stops and box. Service pipe and curb stop @@ -925,7 +900,7 @@ will be installed according to city specifications and by authorized persons only, at the expense of the property owner. No claim shall be made against the city on account of failure of any service pipe or fixtures or for accidental failure in the supply of water. (Ord. 294, 4-16-2002) -2-1-7: SEASONAL RULES; VIOLATIONS; PENALTIES: +### 2-1-7: SEASONAL RULES; VIOLATIONS; PENALTIES: The city council shall make such rules as they deem necessary for controlling the seasonal use of water. All water users shall be notified of these rules by publication in the newspaper or by mail. Users violating the rules adopted by @@ -934,17 +909,17 @@ the rules after receiving a warning is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than twenty five dollars ($25.00) nor more than one hundred dollars ($100.00). (Ord. 294, 4-16- 2002) -2-1-8: USING WATER DURING FIRE PROHIBITED: +### 2-1-8: USING WATER DURING FIRE PROHIBITED: During a fire, it is unlawful for any person to use hoses, yard fountains and all other outlets where a constant flow of water is maintained except for the extinguishment of the fire. (Ord. 294, 4-16-2002) -2-1-9: TAPPING WATER MAINS; AUTHORIZED PERSONS: +### 2-1-9: TAPPING WATER MAINS; AUTHORIZED PERSONS: No person other than an authorized employee of the city shall make any tap or connection with any main or with any distributing pipe of the water system, and water may be turned on at the curb cock only by an authorized employee of the city. It is a misdemeanor for any unauthorized person to turn water on or tap into or connect with the water system. (Ord. 294, 4-16-2002) -2-1-10: ONE CONNECTION FOR TWO OR MORE BUILDINGS PROHIBITED; EXCEPTIONS: +### 2-1-10: ONE CONNECTION FOR TWO OR MORE BUILDINGS PROHIBITED; EXCEPTIONS: It is unlawful for any owner, agent or tenant to supply or permit to be supplied, any water to two (2) or more buildings through one and the same connection except on a special contract with the city. Supplying or permitting @@ -952,19 +927,19 @@ water to be supplied to two (2) or more buildings without a special contract is a violation of the owner's contract and owners shall be liable for the cost of all water so used. The city reserves the right to shut off the supply of water for wilful abuses. (Ord. 294, 4-16-2002) -2-1-11: SHUTTING OFF WATER AT MAINS: +### 2-1-11: SHUTTING OFF WATER AT MAINS: The city reserves the right at any time without notice to shut the water off at its mains for the purpose of making repairs or extensions or for any other purpose, and no claim shall be made against the city for any damage that may result from shutting off the water. (Ord. 294, 4-16-2002) -2-1-12: UNLAWFUL ACTS: +### 2-1-12: UNLAWFUL ACTS: It is unlawful for any person with intent to injure or defraud, to: -   (A)   Break or deface the seal on any water meter; or -   (B)   Obstruct, alter, injure or prevent the action of any water meter; or -   (C)   Make any connection by means of a pipe, or otherwise, with any main or +   1. Break or deface the seal on any water meter; or +   2. Obstruct, alter, injure or prevent the action of any water meter; or +   3. Make any connection by means of a pipe, or otherwise, with any main or pipe used for delivery of water to a consumer thereof, in such a manner as to take water from said main or pipe without its passage through the meter; or -   (D)   Make any connection or connection with such main or pipe, or turn off +   4. Make any connection or connection with such main or pipe, or turn off or on, or in any manner interfere with any valve, stopcock or other appliance connected therewith; or    (E)   Prevent by the erection of any device or construction, or by any other @@ -973,32 +948,32 @@ prevent, by any means the reading or inspection of such water meter by any agent of the city. Any violation of this section will be deemed a misdemeanor. (Ord. 294, 4-16- 2002) -2-1-13: WATER METERS AND PERMITS: +### 2-1-13: WATER METERS AND PERMITS: All property with water service lines tapped into or connected to the city water system shall be serviced by a city approved water meter. No person, firm or corporation shall connect any water service pipe or pipes into the city water mains without having first obtained a permit, in accordance with the fee schedule therefor from the city council and on file in the city office. (Ord. 294, 4-16-2002) -2-1-14: WATER METERS; PROPERTY OF CITY: +### 2-1-14: WATER METERS; PROPERTY OF CITY: Water meters are owned by the city and are furnished to customers. Meter cost shall be originally paid by the city and repairs or replacements paid by the city except for meters damaged by the wilful acts or negligence of the customer or user. Meter installation cost on new construction will be the responsibility of the consumer, and proper receptacles are to be provided for the meters and the service pipes are to be suitably arranged. (Ord. 294, 4-16-2002) -2-1-15: WATER METERS TO HAVE CUTOFFS; BYPASS: +### 2-1-15: WATER METERS TO HAVE CUTOFFS; BYPASS: All meters installed for measuring city water shall be provided with a cutoff on each side of said meter, so that any meter may be removed for the purpose of testing or repairing and a bypass may be placed in the service pipe for the purpose of supplying the customer with water during the testing of said meter. (Ord. 294, 4-16-2002) -2-1-16: LICENSED PERSON ONLY TO INSTALL: +### 2-1-16: LICENSED PERSON ONLY TO INSTALL: No water meter or water service shall be installed except by a plumber, duly licensed under the laws of the state of Montana, or by the city, and no person other than one acting under the authority and direction of the city shall open, repair or interfere with any water meter in service. (Ord. 294, 4-16-2002) -2-1-17: BOND FOR WATER CONNECTION WORK: +### 2-1-17: BOND FOR WATER CONNECTION WORK: Any private contractor or plumber authorized and licensed by the city for making water connections to the city main shall file with the city a bond or proof of insurance in at least the sum of one hundred thousand dollars @@ -1006,27 +981,27 @@ proof of insurance in at least the sum of one hundred thousand dollars account of such license through the wilful or negligent acts or omissions to act in the execution or protection of his work or by reason of any inadequate or defective work done by such person or his employees. (Ord. 294, 4-16-2002) -2-1-18: CURB STOPS: +### 2-1-18: CURB STOPS: The opening of curb stops by any means other than with a proper wrench by an authorized person is strictly forbidden and persons violating this section shall be liable for all damages occasioned thereby. (Ord. 294, 4-16-2002) -2-1-19: NEW CONSTRUCTION AND TOTAL RECONSTRUCTION; CONNECTION TO CITY WATER: +### 2-1-19: NEW CONSTRUCTION AND TOTAL RECONSTRUCTION; CONNECTION TO CITY WATER: All new commercial or noncommercial construction and total reconstruction of a demolished residence or building within the city limits must connect to the city water system provided, however, that the lot or premises is adjacent to a city water line existing at the time of the construction or reconstruction. (Ord. 294, 4-16-2002) -2-1-20: PRIVATE WATER SUPPLY; PERMIT REQUIRED: +### 2-1-20: PRIVATE WATER SUPPLY; PERMIT REQUIRED: Every person who owns or occupies premises within the city limits connected to city water service who intends to construct or install a private, domestic water supply, must obtain a permit from the city. A private, domestic water supply is any assemblage of pipes, hoses, conduits, pumps, tanks or other apparatus whereby water is obtained from a well, spring, pond, stream or lake to be used for domestic water use. (Ord. 294, 4-16-2002) -2-1-21: PRIVATE WATER SUPPLY; NO CONNECTION TO CITY WATER SYSTEM: +### 2-1-21: PRIVATE WATER SUPPLY; NO CONNECTION TO CITY WATER SYSTEM: It is prohibited to have any physical connection between a private water supply and the city water system. (Ord. 294, 4-16-2002) -2-1-22: ESTABLISHMENT OF WATER RATES: +### 2-1-22: ESTABLISHMENT OF WATER RATES: The charges for water furnished by the city to a customer whose property is not metered shall be based on the rates in effect on the date of adoption hereof or as adopted by resolution of the city council, which schedule may be revised @@ -1037,14 +1012,14 @@ been metered shall be based on a schedule of charges for water furnished by the city as adopted by resolution of the city council which schedule may be revised from time to time by resolution of the city council and in accordance with title 69, chapter 7, part 1 et seq. (Ord. 294, 4-16-2002) -2-1-23: WATER RATES; PAYABLE: +### 2-1-23: WATER RATES; PAYABLE: On a monthly basis, the city shall prepare a statement of charges assessed against each user for the previous month. The city shall mail said statement of charges to the user at the address provided to the city by the user. Payment for the charges named therein shall be due in the office of the city clerk no later than thirty (30) days from the issuance date of the statement. (Ord. 294, 4-16-2002) -2-1-24: WATER SERVICE; DELINQUENT ACCOUNTS; VIOLATION: +### 2-1-24: WATER SERVICE; DELINQUENT ACCOUNTS; VIOLATION: For violation of any of the rules set out in this chapter or for nonpayment, the city has the right to turn off water to the premises. Charges shall be delinquent if not paid on or before the due date, and a @@ -1065,28 +1040,26 @@ down to, or cause to be dug down to the service pipe or water main, in order to shut off and/or turn on the water service, the customer shall pay all expense thereof in addition to the fees mentioned in this section before the water shall be turned on. (Ord. 294, 4-16-2002) -2-1-25: DEPOSIT FOR NEW ACCOUNTS: +### 2-1-25: DEPOSIT FOR NEW ACCOUNTS: At the time of making application for a new account for city water service, the customer shall pay a deposit in an amount determined by resolution of the city council. (Ord. 294, 4-16-2002) -2-1-26: VARIATION IN WATER PRESSURE: +### 2-1-26: VARIATION IN WATER PRESSURE: The city will not be held responsible for damages resulting from variation in water pressure or soil collapse from any cause whatsoever. (Ord. 294, 4-16- 2002) -2-1-27: SUPERSEDES PRIOR ORDINANCES AND REPEALER: +### 2-1-27: SUPERSEDES PRIOR ORDINANCES AND REPEALER: This chapter supersedes all prior water rules, regulations and ordinances. All ordinances of this code or parts thereof in conflict herewith are hereby repealed. (Ord. 294, 4-16-2002) -2-1-28: SEVERABILITY: +### 2-1-28: SEVERABILITY: If any provision of this chapter is held invalid, such invalidity shall not affect the other provisions which may be given effect without the invalid provision and, therefore, the provisions of this chapter are declared to be severable. (Ord. 294, 4-16-2002) -TITLE 3 -BUILDING REGULATIONS -CHAPTER 1 -GENERAL BUILDING PROVISIONS -SECTION: +## TITLE 3 - BUILDING REGULATIONS +## CHAPTER 1 - GENERAL BUILDING PROVISIONS +**SECTION**: 3-1-1: Building Permits 3-1-2: Plan Review 3-1-3: Inspections @@ -1096,30 +1069,30 @@ SECTION: 3-1-7: Territorial Application 3-1-8: Board Of Appeals 3-1-9: Violations And Penalties -3-1-1: BUILDING PERMITS: -   (A)   Any person wishing to obtain a building permit shall submit a +### 3-1-1: BUILDING PERMITS: +   1. Any person wishing to obtain a building permit shall submit a completed application to the building inspector. -   (B)   The building inspector shall specify the manner in which said +   2. The building inspector shall specify the manner in which said application shall be completed.       1.   A description of the land which it will affect;       2.   The present use of any existing structures;       3.   Plans and specifications indicating the entire scope of work. -   (C)   The applicant shall furnish such other documents as the building +   3. The applicant shall furnish such other documents as the building inspector deems relevant and necessary, in his/her discretion, for review of the proposed work. -   (D)   The building inspector may, in his/her discretion, waive any of the +   4. The building inspector may, in his/her discretion, waive any of the requirements hereunder when the proposed work is of an insubstantial nature or effect. (Ord. 310, 2-3-2015) -3-1-2: PLAN REVIEW: -   (A)   The building inspector shall be responsible for coordination of +### 3-1-2: PLAN REVIEW: +   1. The building inspector shall be responsible for coordination of building plan review and for issuance of building permits. -   (B)   Upon application by any person for a building permit, the building +   2. Upon application by any person for a building permit, the building inspector shall review the plans for compliance with this code. The building inspector shall submit the plans to any other affected city departments for review and approval by the departments before issuing a permit. -   (C)   Building plan review shall be completed by the building inspector +   3. Building plan review shall be completed by the building inspector within fifteen (15) working days of submission of a completed application. -   (D)   The building inspector may, in certain cases, request the building +   4. The building inspector may, in certain cases, request the building codes division, other state agencies or design professionals to aid in the plan review process. In such cases, the building inspector may lengthen the completion of time for review by twenty (20) working days when necessary. @@ -1132,7 +1105,7 @@ work authorized thereby is in progress and shall be open to inspection by public officials. Such approved plans and specifications shall not be changed, modified or altered without authorization from the building inspector and all work shall be done in accordance with the approved plans. (Ord. 310, 2-3-2015) -3-1-3: INSPECTIONS: +### 3-1-3: INSPECTIONS: Inspections shall be conducted by the building inspector. Where other departments require inspection, the building inspector shall ensure they are conducted within the time frame allowed. Final inspections and issuance of @@ -1140,10 +1113,10 @@ certificates of occupancy shall be conducted in accordance with the international building code. Where applicable the work listed below must be inspected prior to covering. Request for an inspection must be made seventy two (72) hours in advance. -   (A)   Footing. -   (B)   Foundation wall. -   (C)   Concrete slab. -   (D)   Under floor (crawl space). +   1. Footing. +   2. Foundation wall. +   3. Concrete slab. +   4. Under floor (crawl space).    (E)   Frame (walls, trusses, rafters, floor, etc.).    (F)   Energy efficiency (insulation, glazing, etc.).    (G)   Wallboard. @@ -1155,14 +1128,14 @@ notation retained in the inspector's file should any discrepancies be observed. Depending on the scope of work not all of the above inspections may be necessary. Circumstances may require additional site visits for consultation or discrepancy resolution. (Ord. 310, 2-3-2015) -3-1-4: INSPECTOR QUALIFICATIONS AND DUTIES: -   (A)   The building inspector shall possess adequate knowledge of the +### 3-1-4: INSPECTOR QUALIFICATIONS AND DUTIES: +   1. The building inspector shall possess adequate knowledge of the building trade and such other qualifications as may be prescribed by the city council from time to time. -   (B)   As building inspector, his/her duties shall include those set forth in +   2. As building inspector, his/her duties shall include those set forth in the international building code and in Montana Code Annotated title 50, chapter 60, 2011, as now or hereinafter amended. (Ord. 310, 2-3-2015) -3-1-5: FACTORY BUILT BUILDINGS: +### 3-1-5: FACTORY BUILT BUILDINGS: Factory built buildings bearing an insignia issued by Montana building codes division, department of labor and industry, shall be subject to local government zoning, utility connections, building permit and subsequent @@ -1170,14 +1143,14 @@ inspections for foundations and appurtenances to the structure (landings, stairs, decks, covered porches and the like). Applications to the building official for the erection and utility connection shall be in accordance with the applicable codes. (Ord. 310, 2-3-2015) -3-1-6: PERMIT FEES: +### 3-1-6: PERMIT FEES: Building permit fees shall be set and established by the city council from time to time by appropriate resolution. (Ord. 310, 2-3-2015) -3-1-7: TERRITORIAL APPLICATION: +### 3-1-7: TERRITORIAL APPLICATION: The jurisdictional area of the building department of the city shall be residential and commercial buildings and structures and permits therefor within the corporate limits of the city. (Ord. 310, 2-3-2015) -3-1-8: BOARD OF APPEALS: +### 3-1-8: BOARD OF APPEALS: In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of the international building code, there shall be and is hereby created a board @@ -1189,13 +1162,13 @@ regulations for conducting its investigations and shall render all decisions and findings, in writing, to the building official, with a duplicate copy to the applicant. The board may recommend to the city council such new legislation as is consistent herewith. (Ord. 310, 2-3-2015) -3-1-9: VIOLATIONS AND PENALTIES: -   (A)   It shall be unlawful for any person, firm or corporation to erect, +### 3-1-9: VIOLATIONS AND PENALTIES: +   1. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, raze, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to, or in violation of, any of the provisions of this title. -   (B)   Any person, firm or corporation violating any of the provisions of +   2. Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this title is committed, continued or @@ -1203,26 +1176,25 @@ permitted and upon conviction of any such violation, such person shall be punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment. (Ord. 310, 2-3-2015) -CHAPTER 2 -BUILDING CODE -SECTION: +## CHAPTER 2 BUILDING CODE +**SECTION**: 3-2-1: Adoption Of Codes 3-2-2: Building In Floodplain Area -3-2-1: ADOPTION OF CODES: -Those certain codes known as "the state building code" 1 are hereby adopted by +### 3-2-1: ADOPTION OF CODES: +Those certain codes known as "the state building code" are hereby adopted by the city of Choteau for the purpose of regulating buildings in the city of Choteau and protecting the health and safety of the city's citizenry, which codes consist of: -   (A)   The international building code (hereinafter referred to as "IBC"), +   1. The international building code (hereinafter referred to as "IBC"), 2012 edition, as described in and amended by section 24.301.131, 1 through 3 of the administrative rules of Montana (hereinafter referred to as ARM) and ARM 24.301.146, 1 and 2 and including IBC appendix C (group U - agricultural buildings) and appendix H. -   (B)   The international residential code (hereinafter referred to as the +   2. The international residential code (hereinafter referred to as the "IRC"), 2012 edition, as described in and amended by section 24.301.154 ARM. -   (C)   The international energy conservation code (hereinafter referred to as +   3. The international energy conservation code (hereinafter referred to as the IECC), 2012 edition, as amended by section 8.70.204(1) ARM. -   (D)   Uniform plumbing code, 2012 edition - effective: December 1, 2014. +   4. Uniform plumbing code, 2012 edition - effective: December 1, 2014.    (E)   International mechanical code, 2012 edition - effective: December 1, 2014.    (F)   International fuel gas code, 2012 edition - effective: December 1, @@ -1232,36 +1204,36 @@ their entirety herein. (Ord. 310, 2-3-2015)   Notes 1 1. Referred to in MCA § 50-60-203, 2011. -3-2-2: BUILDING IN FLOODPLAIN AREA 1 : -   (A)   Building Permit Required: Within the tentatively designated floodplain +### 3-2-2: BUILDING IN FLOODPLAIN AREA 1 : +1. Building Permit Required: Within the tentatively designated floodplain area in the city, no new construction, substantial improvement to an existing structure or moving or demolishing of an existing structure shall be allowed unless the person engaged in such construction improvement, moving or demolishing has been granted a building permit by the city authorizing one or more of these enumerated activities with reference to a particular building or structure. -      1.   The applicant for such permit, as part of his or her application may + 1. The applicant for such permit, as part of his or her application may be required to submit to the city such documentation as it may require to show that new construction or substantial improvement to existing structures will be reasonably safe from flooding. -      2.   The applicant for such permit, as part of his or her application, + 2. The applicant for such permit, as part of his or her application, must submit a record of elevations (in relation to mean sea level of the lowest floor, including basement) of all new or substantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. -         (a)   The city clerk shall maintain for public inspection and furnish +         1. The city clerk shall maintain for public inspection and furnish upon request the said record of elevations. -   (B)   Construction Requirements: Within the tentatively designated +   2. Construction Requirements: Within the tentatively designated floodplain area of the city, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must: -      1.   Be designed (or modified) and anchored to prevent flotation, +      1. Be designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure; -      2.   Use construction materials and utility equipment that are resistant +      2. Use construction materials and utility equipment that are resistant to flood damage; and -      3.   Use construction methods and practices that will minimize flood +      3. Use construction methods and practices that will minimize flood damage. -   (C)   Design Of Water And Sewer Systems: New or replacement water supply +   3. Design Of Water And Sewer Systems: New or replacement water supply systems and/or sanitary sewage system must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on site waste disposal systems must be located so as to @@ -1270,12 +1242,11 @@ avoid impairment of them or contamination from them during flooding. (Ord. 208,   Notes 1 2. See also chapter 4 of this title. -CHAPTER 3 -AWNINGS AND SIGNS -SECTION: +## CHAPTER 3 AWNINGS AND SIGNS +**SECTION**: 3-3-1: Awning Requirements 3-3-2: Sign Requirements -3-3-1: AWNING REQUIREMENTS: +### 3-3-1: AWNING REQUIREMENTS: It shall be unlawful hereafter for any person to erect, construct, maintain or attach any awning to the front of any building in the city, unless the same shall be, at the lowest part, at least seven feet (7') from the surface of the @@ -1285,7 +1256,7 @@ shall be supported without posts, by iron brackets or iron framework attached firmly to the building so as to leave the sidewalk wholly unobstructed thereby, all to the satisfaction of the street commissioner or engineer. (Ord. 28, 7-20- 1914) -3-3-2: SIGN REQUIREMENTS: +### 3-3-2: SIGN REQUIREMENTS: It shall be unlawful hereafter for any person to erect, construct, maintain, or attach any sign, signboard, carved figure or emblem, tobacco sign, barber pole, bulletin board, private lamp or light to any building so as to project over any @@ -1315,17 +1286,14 @@ top of the curb or sidewalk or highway shoulder elevation 1 . (Ord. 169, 3-18-   Notes 1 1. RCM 11-972. -CHAPTER 4 -FLOODPLAIN AND FLOODWAY MANAGEMENT 1 -SECTION: +## CHAPTER 4 FLOODPLAIN AND FLOODWAY MANAGEMENT [1](#notes-1-1) +**SECTION**: 3-4-1: Intent 3-4-2: Statutory Authority 3-4-3: Adoption By Reference -  -Notes -1 1. See also section - 3-2-2 of this title for building requirements in floodplain area. -3-4-1: INTENT: +#### Notes 1 1. +*See also section 3-2-2 of this title for building requirements in floodplain area.* +### 3-4-1: INTENT: This chapter is passed in order to comply with the Montana floodplain and floodway management act 1 and to ensure compliance with the requirements for the continued participation by the city, in the national flood insurance @@ -1335,25 +1303,23 @@ identified 100-year floodplains within local jurisdiction. (Ord. 258, 5-21-   Notes 1 2. MCA 76-5. -3-4-2: STATUTORY AUTHORITY: +### 3-4-2: STATUTORY AUTHORITY: Municipalities have authority to adopt ordinances as provided for in section 7- 1-4123, Montana Code Annotated to promote the general public health and welfare. Other authority for municipalities and counties to adopt floodplain management regulations appears in sections 76-5-101 through 406, Montana Code Annotated. (Ord. 258, 5-21-1991) -3-4-3: ADOPTION BY REFERENCE: +### 3-4-3: ADOPTION BY REFERENCE: This chapter adopts the set of comprehensive land use regulations attached hereto by reference, and on file in the city office, for identified 100-year floodplains within the city. Identification of 100-year floodplains is based on the "Federal Emergency Management Agency Flood Insurance Study", dated October 3, 1983. All other ordinances are hereby repealed to the extent of any inconsistencies. (Ord. 258, 5-21-1991) -TITLE 4 -POLICE REGULATIONS -CHAPTER 1 -GENERAL OFFENSES -SECTION: +## TITLE 4 POLICE REGULATIONS +## CHAPTER 1 GENERAL OFFENSES +**SECTION**: 4-1-1: Assembly, Unlawful 4-1-2: Billposting 4-1-3: Broken Glass On Streets @@ -1364,24 +1330,24 @@ SECTION: 4-1-8: Vagrancy 4-1-9: Minor; Possession Of Beer Or Liquor 4-1-10: Peeping Persons -4-1-1: ASSEMBLY, UNLAWFUL: +### 4-1-1: ASSEMBLY, UNLAWFUL: It shall be unlawful for any person to make, or assist in making, any riot, noise or disturbance in the city, or aid or countenance any disorderly assemblage 1 . (Ord. 10, 5-19-1913)   Notes 1 1. RCM 11-927, 94-35-181. -4-1-2: BILLPOSTING: +### 4-1-2: BILLPOSTING: No person shall paste, or in any manner post up, any written or printed bill, notice or advertisement, on any part of the outer walls of any building or on any fence, bridge or other structure, or on any tree, or any telegraph, telephone or electric light or other pole, within the city limits, without having obtained the consent of the owner thereof. (Ord. 10, 5-19-1913) -4-1-3: BROKEN GLASS ON STREETS: +### 4-1-3: BROKEN GLASS ON STREETS: No person shall throw or place in any highway any glass, nails or other material likely to puncture or injure the rubber tire of any vehicle. (Ord. 106, 6-5-1950) -4-1-4: DISTURBING THE PEACE: +### 4-1-4: DISTURBING THE PEACE: Every person who wilfully and maliciously disturbs the peace of any neighborhood or person in the city, or within three (3) miles of the city limits, by loud or unnatural noise, or by tumultuous or offensive conduct or @@ -1391,11 +1357,11 @@ or hearing of any person is guilty of a misdemeanor 1 . (Ord. 45, 4-2-1917)   Notes 1 1. RCM 11-927. -4-1-5: DRUNKENNESS: +### 4-1-5: DRUNKENNESS: Any person being found drunk or intoxicated in the city or within three (3) miles of the limits of the city, shall be guilty of a misdemeanor. (Ord. 46, 4- 2-1917) -4-1-6: LUG WHEELS: +### 4-1-6: LUG WHEELS: It shall be unlawful for any person to take, draw, propel or run any traction engine upon, along or across any concrete crosswalk within the city, or to cause the same to be done, without first laying down or causing to be laid down @@ -1408,43 +1374,41 @@ provided shall not release any person from liability for any damage done to such concrete crosswalks by reason of the taking, drawing, propelling or running any traction engine upon, along or across such concrete walk. (Ord. 29, 3-1-1915) -4-1-7: PLAYING BALL ON STREETS PROHIBITED: +### 4-1-7: PLAYING BALL ON STREETS PROHIBITED: No person shall play ball, and it shall be unlawful for any person to throw any ball or snowball, or kick or play football, in any of the public streets, roads, alleys or highways of the city 1 . (Ord. 10, 5-19-1913) -  -Notes + Notes 1 2. RCM 11-943. -4-1-8: VAGRANCY: +### 4-1-8: VAGRANCY: Every person being a vagrant, as defined by the provisions of section 94-35- 248, revised codes of 1947 of the state, within the city limits shall be deemed guilty of a misdemeanor 1 . (Ord. 10A, 9-15-1913)   Notes 1 3. RCM 11-936, 94-35-248 -4-1-9: MINOR; POSSESSION OF BEER OR LIQUOR: +### 4-1-9: MINOR; POSSESSION OF BEER OR LIQUOR: Any person who shall not have reached the age of twenty one (21) years and who shall have in his possession beer or liquor shall be guilty of a misdemeanor. (Ord. 161, 10-2-1967) -4-1-10: PEEPING PERSONS: -   (A)   Defined: The term "peeping persons" means one who peeps through +### 4-1-10: PEEPING PERSONS: +   1. Defined: The term "peeping persons" 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 act of a similar nature which involves the privacy of such persons. -   (B)   Declared Unlawful: It is unlawful for any person to be a peeping +   2. 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 being a peeping person. -   (C)   Punishment: Any person convicted of the crime of being a peeping +   3. Punishment: Any person convicted of the crime of being a peeping person shall be guilty of a misdemeanor and shall, for the first offense, be fined not to exceed one hundred dollars ($100.00) or be imprisoned in the county jail for a term not to exceed ten (10) days or both. For a second and subsequent conviction within one year of a prior conviction, the fine shall to not exceed five hundred dollars ($500.00) and/or imprisonment in the county jail for a period not to exceed six (6) months or both. (Ord. 235, 1-15-1985) -CHAPTER 2 -ANIMALS; DOGS -SECTION: +## CHAPTER 2 ANIMALS; DOGS +**SECTION**: 4-2-1: Definitions 4-2-2: Authority Of City Animal Control Officer 4-2-3: Vaccination And Licensing Of Dogs And Cats @@ -1452,7 +1416,7 @@ SECTION: 4-2-5: Seizure Or Impoundment Of Dogs And Other Animals Within The City 4-2-6: Fines And Costs Of Impoundment 4-2-7: Repealer, Separability, Effective Date, And 1981 Licensing Date -4-2-1: DEFINITIONS: +### 4-2-1: DEFINITIONS: The words and terms used in this chapter shall have the meanings indicated as follows unless the context clearly indicates otherwise: ANIMAL: Every living brute creature, whether domestic or wild, fowl or mammal @@ -1494,8 +1458,8 @@ VETERINARIAN: A duly licensed doctor of veterinary medicine. VICIOUS DOG: A dog which shows a propensity to attack, bite, scratch or harass people or other animals without provocation. (Ord. 225, 2-17-1981, eff. 2-19- 1981; amd. Ord. 243, 3-17-1987; Ord. 256, 11-6-1990; Ord. 296, 1-7-2003) -4-2-2: AUTHORITY OF CITY ANIMAL CONTROL OFFICER: -   (A)   The city shall assign or designate a person or persons as city animal +### 4-2-2: AUTHORITY OF CITY ANIMAL CONTROL OFFICER: +   1. The city shall assign or designate a person or persons as city animal control officer, hereafter termed, "officer", who shall have and is vested with the authority to enter upon premises upon which any animal is kept for the purpose of taking up, seizing or impounding any animal found running at large, @@ -1509,15 +1473,15 @@ violation of any section of this chapter and shall be and hereby is authorized to issue citations for violations of the provisions of this chapter. The officer is also hereby authorized to shoot animals when, upon reasonable belief, that animal is placing a person in immediate or proximate danger. -   (B)   Upon such terms as the city deems appropriate, it may enter into +   2. Upon such terms as the city deems appropriate, it may enter into agreements with a person or persons to seize animals found at large and to impound animals found at large. (Ord. 296, 1-7-2003) -4-2-3: VACCINATION AND LICENSING OF DOGS AND CATS: -   (A)   Every owner of a dog or cat, which dog or cat is over four (4) months +### 4-2-3: VACCINATION AND LICENSING OF DOGS AND CATS: +   1. Every owner of a dog or cat, which dog or cat is over four (4) months of age, shall cause such dog or cat to be vaccinated with a rabies vaccine administered by a veterinarian. Revaccination of each dog or cat shall be administered by a veterinarian within two (2) years of any prior vaccination. -   (B)   Every owner of a dog or cat, which dog or cat is over four (4) months +   2. Every owner of a dog or cat, which dog or cat is over four (4) months of age, shall purchase a dog or cat license from the city. Such license shall be purchased from the city clerk on or before January 31 of each year, and each owner shall be required to purchase an annual license fee for each dog or cat @@ -1528,12 +1492,12 @@ four (4) months is acquired or brought into the city, each owner shall procure a license for said dog or cat and such owner shall be required to pay the fees herein required of such owner. The fee of the license for a spayed or neutered dog or cat shall be one-half (1/2) of the amount required in this subsection. -   (C)   Any owner who fails to procure a dog or cat license for each dog or +   3. Any owner who fails to procure a dog or cat license for each dog or cat within the city during the time allowed shall, in addition to any other penalty provided by this code, be subject to an additional ten dollar ($10.00) delinquent assessment and said assessment shall be added to the license fee provided for in subsection (B) of this section. -   (D)   The owner, upon application for dog or cat license shall state the +   4. The owner, upon application for dog or cat license shall state the age, sex, color and breed of the animal and shall further certify, by written document supplied by the administrating veterinarian, the most recent rabies vaccination date and the date of the dog or cat was neutered or spayed, if a @@ -1568,16 +1532,16 @@ containing such dog, a sign of not less than twelve inches by twelve inches    Beware: Dangerous Dog on Premises. (Ord. 225, 2-17-1981, eff. 2-19-1981) 4-2-4: VIOLATIONS UNDER THIS CHAPTER: -   (A)   No person shall own, harbor, keep or have control of any unlicensed +   1. No person shall own, harbor, keep or have control of any unlicensed dog or cat in the city, or permit or allow any unlicensed dog or cat to remain on any premises under control or possession of such person contrary to the provisions of this chapter. -   (B)   No owner shall permit his dog or cat to be "at large", as defined in +   2. No owner shall permit his dog or cat to be "at large", as defined in this chapter. (Ord. 263, 3-16-1993) -   (C)   No person who is the owner, possessor or keeper of any dog or other +   3. No person who is the owner, possessor or keeper of any dog or other animal shall permit such animal to create a "public nuisance", as defined in this chapter. -   (D)   No person shall own, harbor or keep a vicious dog within the city. +   4. No person shall own, harbor or keep a vicious dog within the city.    (E)   No person shall own, harbor or keep a "guard or attack dog", as described in this chapter unless such dog is licensed, registered and confined or muzzled and leashed within the strict physical control of the owner at all @@ -1616,7 +1580,7 @@ through the city on a direct route to a destination outside of the city. (Ord.    (M)   It is unlawful for any person to break open, damage, destroy or carry away any animal trap owned by the city and used for the purpose of catching any animal in violation of this chapter. (Ord. 263, 3-16-1993) -4-2-5: SEIZURE OR IMPOUNDMENT OF DOGS AND OTHER ANIMALS WITHIN THE CITY: +### 4-2-5: SEIZURE OR IMPOUNDMENT OF DOGS AND OTHER ANIMALS WITHIN THE CITY: Every officer or authorized person is authorized to seize and impound any dog or cat which such officer or authorized person reasonably believes to be an unlicensed dog or cat, a stray dog or cat, a dog or other animal which is "at @@ -1624,14 +1588,14 @@ large", a vicious dog or attack dog which is not properly licensed and confined as provided in this chapter, or a rabid, diseased or injured animal. The officer or authorized person may impound said dog or other animal as provided herein. -   (A)   If the seized animal is an unlicensed dog or other animal in violation +   1. If the seized animal is an unlicensed dog or other animal in violation of any of the provisions of this chapter, it may be held at an impoundment facility, if one is available, for a term of up to four (4) days. -   (B)   If the animal is "at large" and legally licensed, with license tag +   2. If the animal is "at large" and legally licensed, with license tag attached, it may be held for a term of up to four (4) days and the registered owner of said animal shall be given notice of the impoundment. (Ord. 296, 1-7- 2003) -   (C)   If a dog is a vicious dog, it shall be held for a period of not more +   3. If a dog is a vicious dog, it shall be held for a period of not more than five (5) days during which term the city judge shall conduct a hearing, with prior notice to the owner, if known, as to whether the dog is so vicious to be a menace to the health, safety or welfare of the community. If the animal @@ -1644,7 +1608,7 @@ dog is believed to be rabid it shall be quarantined in the pound for a term of fourteen (14) days and, if found to be rabid, it shall be destroyed. Dogs may be deemed vicious after proper hearing, without being held in the pound. (Ord. 225, 2-17-1981, eff. 2-19-1981) -   (D)   It is hereby declared the duty of every owner of any animal to know +   4. It is hereby declared the duty of every owner of any animal to know its whereabouts at all times. In the event that any animal is impounded, the owner shall redeem the same within four (4) days of the date of impoundment or the owner shall be deemed to have forfeited all right, title and interest @@ -1659,7 +1623,7 @@ four (4) days of the date of actual or written notice, then the owner shall be deemed to have abandoned the animal and forfeited all right, title and interest therein and such animal shall be subject to sale, adoption or disposal by the officer or authorized person as provided herein. -   (E)   At any time after the expiration of the impoundment period if the +   5. At any time after the expiration of the impoundment period if the animal is unclaimed and penalties, costs and other charges have not been paid as to such animal, then the animal is subject to sale, adoption or disposal. Animals to be disposed of shall be put to death by order of the city judge in a @@ -1667,18 +1631,18 @@ humane manner or disposed of by other appropriate order providing for permanent removal of the animal from the city limits. Any unclaimed animal suffering from infectious disease shall not be released but must be put to death. (Ord. 296, 1-7-2003) -4-2-6: FINES AND COSTS OF IMPOUNDMENT: -   (A)   The owner of any dog or animal impounded, at any time before the +### 4-2-6: FINES AND COSTS OF IMPOUNDMENT: +   1. The owner of any dog or animal impounded, at any time before the disposal of such animal shall redeem such animal by paying to the city clerk or judge the fees, charges, fines and if not previously paid, the license tax prescribed by this chapter accruing up to such time of the redemption. -   (B)   The costs of impoundment and care for any such animal so impounded +   2. The costs of impoundment and care for any such animal so impounded shall be assessed against the owner as is provided for in the current contracts between the city and any private or public agency authorized by the city as the impoundment center for animals impounded within the city. A copy of the current contract will be on file in the office of the city clerk. (Ord. 225, 2-17-1981, eff. 2-19-1981) -   (C)   Any person violating subsection +   3. Any person violating subsection 4-2-4(C) of this chapter which involves a "nuisance animal" or "public nuisance" is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine for first offense of fifty dollars ($50.00) to two hundred @@ -1689,7 +1653,7 @@ other provision of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished for the first offense by a fine of one hundred dollars ($100.00); upon conviction of a second or additional offense by a fine of not less than one hundred fifty dollars ($150.00). (Ord. 307, 2-5-2013) -   (D)   It is further provided that the city judge, in addition to the fine as +   4. It is further provided that the city judge, in addition to the fine as set forth in subsection (C) of this section, may order the defendant to abate forthwith, or within a reasonable time as he shall order, the violation for which the defendant was found guilty. (Ord. 262, 12-15-1992) @@ -1713,60 +1677,47 @@ on subsequent convictions shall be punished by a fine of ten dollars ($10.00). thereof, shall be punished by a fine of five dollars ($5.00) for the first such offense; and on subsequent convictions shall be punished by a fine of ten dollars ($10.00). (Ord. 263, 3-16-1993) -4-2-7: REPEALER, SEPARABILITY, EFFECTIVE DATE, AND 1981 LICENSING DATE: -   (A)   Repealer: All ordinances or parts of ordinances in conflict with the +### 4-2-7: REPEALER, SEPARABILITY, EFFECTIVE DATE, AND 1981 LICENSING DATE: +   1. Repealer: All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed. These are: ordinances 203 and 212, which also constitute this chapter 2 and repealed chapter 3 of this title, as amended. -   (B)   Separability: If any section, subsection, sentence, clause, phrase or +   2. Separability: If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. -   (C)   Effective Date: The effective date of this chapter shall be February +   3. Effective Date: The effective date of this chapter shall be February 19, 1981. -   (D)   Extension Of 1981 Licensing Deadline: For calendar year 1981, the +   4. Extension Of 1981 Licensing Deadline: For calendar year 1981, the annual deadline for the purchase of dog licenses pursuant to subsection 4-2-3(B) of this chapter shall be extended from January 31 to such date as falls thirty (30) days subsequent to the effective date of this chapter. (Ord. 225, 2-17-1981, eff. 2-19-1981) -CHAPTER 3 -DOGS +## CHAPTER 3 DOGS (Rep. by Ord. 203, 3-21-1977) -CHAPTER 4 -FIREARMS -SECTION: +## CHAPTER 4 FIREARMS +**SECTION**: 4-4-1: Unlawful Discharge Of Firearms 4-4-2: Peace Officers, Lawful Use 4-4-3: Shooting Galleries -4-4-1: UNLAWFUL DISCHARGE OF FIREARMS: +### 4-4-1: UNLAWFUL DISCHARGE OF FIREARMS: It shall be unlawful for any person to shoot or discharge any firearm, weapon, gun, rifle, shotgun, pistol, revolver or any other form of firearm, air gun or rifle or gun shooting or discharging shot or darts by means of compressed air, within the city limits, and any person violating the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 188, 4-16-1973) -4-4-2: PEACE OFFICERS, LAWFUL USE: -The prohibition of section -4-4-1 of this chapter shall not be construed to forbid sheriffs, police and any -other duly authorized peace officer and their deputies from shooting or -discharging any firearm within the city limits in the discharge of their +### 4-4-2: PEACE OFFICERS, LAWFUL USE: +The prohibition of section 4-4-1 of this chapter shall not be construed to forbid sheriffs, police and any other duly authorized peace officer and their deputies from shooting or discharging any firearm within the city limits in the discharge of their duties. (Ord. 188, 4-16-1973) -4-4-3: SHOOTING GALLERIES: -The prohibition of section -4-4-1 of this chapter shall not apply to licensed shooting galleries where such -instrument can be fired, discharged or operated in such a manner as to not -endanger persons or property, and also in such manner as to prevent the -projectile from traversing any grounds or space outside the limits of such -gallery; and provided further that the city council may by special permit -authorize the operation of trap shoot within the city limits. (Ord. 188, 4-16- -1973) -CHAPTER 5 -CURFEW -SECTION: +### 4-4-3: SHOOTING GALLERIES: +The prohibition of section 4-4-1 of this chapter shall not apply to licensed shooting galleries where such instrument can be fired, discharged or operated in such a manner as to not endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such gallery; and provided further that the city council may by special permit authorize the operation of trap shoot within the city limits. (Ord. 188, 4-16-1973) +## CHAPTER 5 CURFEW +**SECTION**: 4-5-1: Loitering Of Minors Prohibited 4-5-2: Responsibility Of The Parents 4-5-3: Violation Of Chapter -4-5-1: LOITERING OF MINORS PROHIBITED: +### 4-5-1: LOITERING OF MINORS PROHIBITED: It shall be unlawful for any minor under the age of eighteen (18) years to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public places and public buildings, @@ -1792,7 +1743,7 @@ from his home for some stated legitimate reason, except when the absence is due to gainful employment as above mentioned. Each violation of the provisions of this section shall constitute a separate offense. (Ord. 131, 5-18-1959; amd. Ord. 271, 2-24-1997) -4-5-2: RESPONSIBILITY OF THE PARENTS: +### 4-5-2: RESPONSIBILITY OF THE PARENTS: It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of eighteen (18) years to allow or permit such minor to loiter, idle, wander, stroll or play in or upon the public @@ -1822,7 +1773,7 @@ care and custody of a minor under said age did not have knowledge that such minor did loiter, idle, wander, stroll or play in or upon any of the above mentioned places, at any time between the above mentioned prohibited hours. (Ord. 131, 5-18-1959; amd. Ord. 271, 2-24-1997) -4-5-3: VIOLATION OF CHAPTER: +### 4-5-3: VIOLATION OF CHAPTER: A minor under eighteen (18) years of age, violating the provisions of this chapter, shall be guilty of a misdemeanor and shall be dealt with in accordance with the laws of the state regarding crimes and offenses committed by juveniles @@ -1830,9 +1781,8 @@ being persons under eighteen (18) years of age. Any parent, guardian or other adult having the care and custody of a minor violating section 4-5-2 of this chapter shall, upon trial and conviction thereof, be punished as provided by title 1, chapter 4 of this code. (Ord. 131, 5-18-1959) -CHAPTER 6 -BLACKOUT AND AIR RAID REGULATIONS -SECTION: +## CHAPTER 6 BLACKOUT AND AIR RAID REGULATIONS +**SECTION**: 4-6-1: Authority To Promulgate Necessary Orders 4-6-2: Orders, Rules And Regulations To Be In Writing 4-6-3: Effect Of Orders, Rules And Regulations @@ -1842,7 +1792,7 @@ SECTION: 4-6-7: Lights; Public Nuisance 4-6-8: Rules And Regulations Suspended 4-6-9: Conflict With State Or Federal Statutes -4-6-1: AUTHORITY TO PROMULGATE NECESSARY ORDERS: +### 4-6-1: AUTHORITY TO PROMULGATE NECESSARY ORDERS: In order to protect life and property in the city from enemy action the commander of the citizens defense corps is authorized and directed to carry out blackouts and air raid protection measures in the city at such times and for @@ -1862,16 +1812,16 @@ such periods as the commander of the citizens defense corps shall in his discretion deem appropriate or necessary, but subject always to the orders and directions of the army or navy, and the orders, rules and regulations authorized herein. (Ord. 90, 6-1-1942) -4-6-2: ORDERS, RULES AND REGULATIONS TO BE IN WRITING: +### 4-6-2: ORDERS, RULES AND REGULATIONS TO BE IN WRITING: All orders, rules and regulations authorized by the provisions of this chapter for the conduct of the general public shall be in writing and shall be available for public inspection at the place and during the hours fixed by the commander of the citizens defense corps. (Ord. 90, 6-1-1942) -4-6-3: EFFECT OF ORDERS, RULES AND REGULATIONS: +### 4-6-3: EFFECT OF ORDERS, RULES AND REGULATIONS: Any order, rule or regulation promulgated pursuant to the authority conferred by the provisions of this chapter shall be in force and effect from the time of promulgation until amended or repealed by the council. (Ord. 90, 6-1-1942) -4-6-4: SPECIAL POLICE; IDENTIFYING EMBLEM: +### 4-6-4: SPECIAL POLICE; IDENTIFYING EMBLEM: The mayor may appoint for a specified time as many special police, without pay, from among residents of the city as may be deemed advisable for service in connection with any blackout or air raid protection measure. During the term of @@ -1882,12 +1832,12 @@ prescribed by the mayor and it shall be unlawful for any special policeman to attempt to carry out any order, rule, or regulation promulgated under the authority conferred by the provisions of this chapter when he is not wearing said identifying emblem. (Ord. 90, 6-1-1942) -4-6-5: UNAUTHORIZED WARNING OR ALL-CLEAR SIGNALS PROHIBITED: +### 4-6-5: UNAUTHORIZED WARNING OR ALL-CLEAR SIGNALS PROHIBITED: Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of the provisions of this chapter. (Ord. 90, 6-1-1942) -4-6-6: LIABILITY: +### 4-6-6: LIABILITY: The provisions of this chapter are an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the city, the agents and representatives of the city, or any individual, @@ -1896,7 +1846,7 @@ the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this chapter shall be liable for any damage sustained to person or property as the result of said activity. (Ord. 90, 6-1-1942) -4-6-7: LIGHTS; PUBLIC NUISANCE: +### 4-6-7: LIGHTS; PUBLIC NUISANCE: Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this chapter constitutes a public nuisance and when deemed necessary in order to protect life or property during a blackout or @@ -1905,27 +1855,26 @@ and directed to enter upon any premises within the city using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this chapter. (Ord. 90, 6-1-1942) -4-6-8: RULES AND REGULATIONS SUSPENDED: +### 4-6-8: RULES AND REGULATIONS SUSPENDED: At all times when the orders, rules and regulations made and promulgated pursuant to the provisions of this chapter shall be in effect, they shall supersede all existing ordinances, orders, and regulations insofar as the latter may be inconsistent therewith. (Ord. 90, 6-1-1942) -4-6-9: CONFLICT WITH STATE OR FEDERAL STATUTES: +### 4-6-9: CONFLICT WITH STATE OR FEDERAL STATUTES: The provisions of this chapter shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation. (Ord. 90, 6-1-1942) -CHAPTER 7 -RIOTS -SECTION: +## CHAPTER 7 RIOTS +**SECTION**: 4-7-1: Riot Defined 4-7-2: Violations -4-7-1: RIOT DEFINED: +### 4-7-1: RIOT DEFINED: Any use of force or violence, disturbing the public peace, or any threats to use force or violence, if accompanied by immediate power of execution, by two (2) or more persons acting together, and without authority of law, is a "riot". Any person who unlawfully participates therein is a "rioter". (Ord. 156, 10-4- 1965) -4-7-2: VIOLATIONS: +### 4-7-2: VIOLATIONS: Whenever two (2) or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such persons shall be punishable under this chapter as @@ -1959,9 +1908,8 @@ or other officer authorized to disperse unlawful assemblies or riots in the city, shall fail or refuse to assist in the suppression of unlawful assemblies or riots, without lawful excuse, shall be guilty of a violation of this chapter. (Ord. 156, 10-4-1965) -CHAPTER 8 -GAMING -SECTION: +## CHAPTER 8 GAMING +**SECTION**: 4-8-1: Short Title 4-8-2: Definitions 4-8-3: Issuance Of License @@ -2006,10 +1954,10 @@ SECTION: 4-8-42: Violation; Penalty 4-8-43: Lien; Seizure Of Property 4-8-44: Coin Operated Poker Machines -4-8-1: SHORT TITLE: +### 4-8-1: SHORT TITLE: This chapter may be cited as the CHOTEAU GAMING ORDINANCE. (Ord. 192, 10-21- 1974) -4-8-2: DEFINITIONS: +### 4-8-2: DEFINITIONS: As used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: AUTHORIZED CARD GAME: The card games known as bridge, cribbage, hearts, @@ -2029,12 +1977,12 @@ objects used to cover them, the boards or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address system, and all other articles essential to the operation, conduct and playing of bingo; or -   (B)   With respect to raffles, the implements, devices and machines +   2. With respect to raffles, the implements, devices and machines designed, intended or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence of right to participate in raffles. GAME OF CHANCE: The specific kind of game of chance commonly known as: -   (A)   "Bingo", in which prizes are awarded on the basis of designated +   1. "Bingo", in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random; and such prizes must be in tangible personal property only and not in money, cash, stocks, bonds, evidences of indebtedness, or other intangible @@ -2042,7 +1990,7 @@ personal property and must not exceed the value of one hundred dollars ($100.00) for each individual bingo award. The price for an individual bingo card shall not exceed fifty cents ($0.50). It shall be unlawful to, in any manner, combine any awards so as to increase the ultimate value of such award; -   (B)   "Raffles", which are conducted by drawing for prizes. Prizes must be +   2. "Raffles", which are conducted by drawing for prizes. Prizes must be in tangible personal property only and not in money, cash, stocks, bonds, evidences of indebtedness, or other intangible personal property and must not exceed the value of one thousand dollars ($1,000.00) for each individual raffle @@ -2075,24 +2023,24 @@ control of any person. TEMPORARY LICENSE: A gaming license issued by this city for a specified period not to exceed one week. (Ord. 192, 10-21-1974; amd. Ord. 195, 2-3-1975; Ord. 229, 5-3-1983, eff. 7-1-1983) -4-8-3: ISSUANCE OF LICENSE: +### 4-8-3: ISSUANCE OF LICENSE: Gaming licenses may be issued to qualified applicants as herein provided, whereby the licensee shall be authorized and permitted to provide gaming tables for authorized card games and equipment for games of chance and to operate and conduct authorized card games and games of chance. No person shall permit the operation or conduct of any card game or game of chance on his premises until he has obtained a gaming license. (Ord. 192, 10-21-1974) -4-8-4: RESTRICTIONS ON LICENSING: +### 4-8-4: RESTRICTIONS ON LICENSING: No gaming license or temporary license shall be issued to: -   (A)   A person who has been convicted of being a keeper or is keeping a +   1. A person who has been convicted of being a keeper or is keeping a house of ill fame; -   (B)   A person who has been convicted of pandering or other crimes or other +   2. A person who has been convicted of pandering or other crimes or other misdemeanors opposed to decency and morality under the laws of the federal government or any state of the United States; -   (C)   A person whose license, issued under this chapter or the ordinance or +   3. A person whose license, issued under this chapter or the ordinance or resolution of any other city, town, or county in this state relating to gaming, has been revoked for cause; -   (D)   A person who, at the time of application for renewal of any license +   4. A person who, at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;    (E)   A person who is not a citizen of the United States and who has not @@ -2103,18 +2051,18 @@ for the sale of liquor, beer, food, cigarettes or other consumable products;    (G)   Minors;    (H)   A person who has been convicted of any crime or misdemeanor involving moral turpitude or violence against an individual. (Ord. 192, 10-21-1974) -4-8-5: DENIAL OF LICENSE: +### 4-8-5: DENIAL OF LICENSE: A gaming license may be denied if the council deems that the place or location for which the license is sought is unsuitable for the conduct of gaming operations. Without limiting the generality of the foregoing, the following places or locations may be deemed unsuitable: -   (A)   Premises located within the immediate vicinity of churches, hospitals, +   1. Premises located within the immediate vicinity of churches, hospitals, schools and children's public playgrounds; -   (B)   Premises located in a place where gaming would be contrary to a zoning +   2. Premises located in a place where gaming would be contrary to a zoning ordinance; -   (C)   Premises difficult to police by reason of physical layout or +   3. Premises difficult to police by reason of physical layout or construction. (Ord. 192, 10-21-1974) -4-8-6: APPLICATION FOR LICENSE: +### 4-8-6: APPLICATION FOR LICENSE: Prior to the issuance of a license, as herein provided, the applicant shall file with the city clerk an application in writing, signed by the applicant and directed to the council, which application shall specify the location by street @@ -2131,11 +2079,11 @@ application shall set forth the number of gaming tables, not to exceed five (5), and the number of gaming machines, not to exceed ten (10) that are to be used on the premises and whether games of chance are to be conducted on the premises. (Ord. 192, 10-21-1974) -4-8-7: INELIGIBILITY OF APPLICANT: +### 4-8-7: INELIGIBILITY OF APPLICANT: If any person or individual named on the application is ineligible for issuance of a gaming license or temporary license, none may be issued for that premises. (Ord. 192, 10-21-1974) -4-8-8: OWNER OF PREMISES: +### 4-8-8: OWNER OF PREMISES: In all cases in which the premises wherein or whereon the gaming operation for which a gaming license is sought are not wholly owned by the applicant, the applicant shall furnish with his application a statement of the name and @@ -2148,14 +2096,14 @@ other than the applicant, including interest held under any mortgage, deed of trust, bonds or debentures, pledge of corporate stock, voting trust agreement or other device whatever, together, with such other information as the council may require. (Ord. 192, 10-21-1974) -4-8-9: CHANGE OF OWNERSHIP: +### 4-8-9: CHANGE OF OWNERSHIP: Every licensee shall furnish to the council complete information pertaining to any change of ownership of any such interest in the premises wherein or whereon the licensed gaming is operated at least thirty (30) days before the date of such change; or if the licensee is not a party to the transaction effecting such change of ownership immediately upon acquiring knowledge of such change of ownership or any contemplated change of ownership. (Ord. 192, 10-21-1974) -4-8-10: NAMES ON LICENSE: +### 4-8-10: NAMES ON LICENSE: If the council determines that a landlord or financier by reason of the extent of his holdings, or his inherent control financially, cannot in fact be separated from the gaming operation, and that as a practical matter a single @@ -2164,28 +2112,28 @@ such persons be named on the license. Without limiting the generality of the foregoing, such a situation may be deemed to exist in any instance where any owner of premises leases the same to operators under terms which are not in accordance with usual and accepted business practice. (Ord. 192, 10-21-1974) -4-8-11: LICENSEE SHALL REPORT LEASES: +### 4-8-11: LICENSEE SHALL REPORT LEASES: A licensee shall report to the council all leases to which it is a party on any premises where gaming is conducted not later than thirty (30) days after the effective date of the lease and shall include the following information: -   (A)   The name, address and a brief statement of the nature of the business +   1. The name, address and a brief statement of the nature of the business of the lessor; -   (B)   A brief description of the material terms of the lease; -   (C)   A brief description of any business relationships between the licensee +   2. A brief description of the material terms of the lease; +   3. A brief description of any business relationships between the licensee and the lessor other than by the lease. (Ord. 192, 10-21-1974) -4-8-12: APPLICANT DEEMED TO ACCEPT RISKS: +### 4-8-12: APPLICANT DEEMED TO ACCEPT RISKS: An applicant for a gaming license is seeking the granting of a privilege, and the burden of proving his qualification to receive any license is at all times on the applicant. An applicant is deemed to accept any risk of adverse public notice, embarrassment, criticism, or other action of financial loss which may result from action with respect to an applicant and expressly waives any claim for damages as a result thereof. (Ord. 192, 10-21-1974) -4-8-13: REFUSAL TO ANSWER QUESTIONS: +### 4-8-13: REFUSAL TO ANSWER QUESTIONS: An applicant may claim any privilege afforded by the constitution of the United States or of the state of Montana in refusing to answer questions. However, a claim of privilege with respect to any testimony or evidence pertaining to an application constitutes sufficient grounds for denial. (Ord. 192, 10-21-1974) -4-8-14: FURNISHING INFORMATION: +### 4-8-14: FURNISHING INFORMATION: Each applicant shall promptly furnish the council with all additional information pertaining to the application or to the individual applicant which the council may require. Failure to supply the information requested within @@ -2193,11 +2141,11 @@ five (5) days after the request has been received by the applicant shall constitute grounds for delaying consideration of the application. Failure to supply the information within two (2) weeks constitutes sufficient grounds for denial. The information may include: -   (A)   Personal history records for each individual partner, joint venturer, +   1. Personal history records for each individual partner, joint venturer, trustee or corporate member who has any financial interest direct or indirect in the business entity; -   (B)   Fingerprint cards for each individual financially interested; -   (C)   A copy of each of the following if applicable: +   2. Fingerprint cards for each individual financially interested; +   3. A copy of each of the following if applicable: Articles of incorporation and certificate of incorporation. Bill of sale. Joint venture agreement. @@ -2206,11 +2154,11 @@ Management agreement. Partnership agreement. Purchase agreement Trust agreement. (Ord. 192, 10-21-1974) -4-8-15: SEPARATE LICENSE APPLICATION: +### 4-8-15: SEPARATE LICENSE APPLICATION: A separate application is required for each premises for which a license is sought, irrespective of the ownership of such establishment. (Ord. 192, 10-21- 1974) -4-8-16: DELIVERY OF APPLICATION; INVESTIGATION: +### 4-8-16: DELIVERY OF APPLICATION; INVESTIGATION: Upon the filing of the application hereinabove prescribed with accompanying documents, accompanied by the evidence therein required and upon the payment of the required license fee, the city clerk shall deliver the application and @@ -2233,7 +2181,7 @@ it. Failure to appear and answer constitutes grounds for denial of the application. All proceedings of the council regarding the granting or declining of a license shall be at public meetings and are reviewable by a writ of review. (Ord. 192, 10-21-1974) -4-8-17: NAME OF LICENSEE: +### 4-8-17: NAME OF LICENSEE: Every license issued pursuant to this chapter shall set forth the name of the person to whom it is issued and the location by street and number of the premises where business is to be carried on by such licensee. If the licensee @@ -2250,13 +2198,13 @@ to which it is issued, shall state the number of gaming tables and gaming machines authorized, and whether games of chance are authorized and shall be exhibited to any peace officer on request. It is unlawful for any licensee to operate more than one premises under one license. (Ord. 192, 10-21-1974) -4-8-18: INVESTIGATION OF LICENSEE: +### 4-8-18: INVESTIGATION OF LICENSEE: The council may, upon its own motion and shall upon a written, verified complaint of any other person, investigate the action and operation of any licensee hereunder and shall have the power to temporarily suspend or permanently revoke a license issued under the provisions of this chapter for violation of any provision hereof. (Ord. 192, 10-21-1974) -4-8-19: ISSUANCE OF CITATION: +### 4-8-19: ISSUANCE OF CITATION: Upon the filing with the council of a verified complaint charging the licensee with the commission of any act which would be the cause for the suspension or revocation of the license within one year prior to the date of filing said @@ -2270,7 +2218,7 @@ personally by any police officer. Failure of the licensee to answer shall be deemed an admission by him of the truthfulness of the charge made and thereon the council shall be authorized to forthwith suspend or revoke the license. (Ord. 192, 10-21-1974) -4-8-20: HEARING; COUNCIL DECISION: +### 4-8-20: HEARING; COUNCIL DECISION: Upon filing of the answer, the council or its hearings examiner shall fix the time and place of the hearing on the charges made, and not less than five (5) days' notice of said hearing shall be given to the complainant and the @@ -2289,13 +2237,13 @@ notices. Should the council determine to revoke, cancel or suspend a license previously issued by it, the council shall notify the licensee in writing by registered mail at the address of such licensee giving reasons therefor. The action of the council is reviewable by writ of review. (Ord. 192, 10-21-1974) -4-8-21: HEARING EXAMINER: +### 4-8-21: HEARING EXAMINER: Any hearing examiner appointed by the council must be an attorney licensed to practice law in the state of Montana. The hearing examiner shall report his findings and recommendations to the council in writing following the hearing. The hearing examiner's findings shall not bind the council. (Ord. 192, 10-21- 1974) -4-8-22: EXAMINATION OF PREMISES: +### 4-8-22: EXAMINATION OF PREMISES: Any duly authorized representative of the council and any peace officer shall have the right at any time to make an examination of the premises of any licensee to determine whether this chapter and the Montana card games act and @@ -2304,27 +2252,27 @@ bingo and raffles law are being complied with. (Ord. 192, 10-21-1974) After suspension or revocation of a license, the council shall have the power to renew the same, if in its discretion a proper showing therefor has been made. (Ord. 192, 10-21-1974) -4-8-24: GAMBLING; WHEN LAWFUL: +### 4-8-24: GAMBLING; WHEN LAWFUL: No gambling shall be carried on under any license issued under the provisions of this chapter except in the name of the licensee. No license shall be effective until a permit shall have been first secured under the laws of the United States, if such a permit is necessary or is required under such laws. (Ord. 192, 10-21-1974) -4-8-25: MINORS: +### 4-8-25: MINORS: No person under the age of eighteen (18) years may be permitted to participate in any card game or the game of chance held, operated, or conducted within the city for which the prize is money or any item of value. (Ord. 230, 9-6-1983) -4-8-26: HOURS OF OPERATION: +### 4-8-26: HOURS OF OPERATION: No game of chance or authorized card game may be operated in any premises, licensed hereunder, during the following hours: -   (A)   Sunday from two o'clock (2:00) A.M. to one o'clock (1:00) P.M. -   (B)   On any other day between two o'clock (2:00) A.M. and eight o'clock (8: +   1. Sunday from two o'clock (2:00) A.M. to one o'clock (1:00) P.M. +   2. On any other day between two o'clock (2:00) A.M. and eight o'clock (8: 00) A.M. (Ord. 192, 10-21-1974) -4-8-27: REVOCATION OF LICENSE: +### 4-8-27: REVOCATION OF LICENSE: A license issued pursuant to this act may be suspended or revoked in the manner herein provided for the following reasons: -   (A)   If the licensee was originally ineligible for the license; -   (B)   For the conviction of a violation of the Montana card games act, the +   1. If the licensee was originally ineligible for the license; +   2. For the conviction of a violation of the Montana card games act, the Montana bingo and raffles law, or a violation of the laws relating to conduct of sports pools, the same being Revised Code of Montana 1947, sections 62-727 through 62-736 or for conviction of any crime involving moral turpitude or the @@ -2332,9 +2280,9 @@ use of violence, or any law of the United States, or any one thereof relating to gambling. The term "conviction" as used in this chapter means conviction by any court having cognizance of the crime, whether or not said conviction is reversed or affirmed on appeal. -   (C)   On revocation of any license issued to the licensee for the sale of +   3. On revocation of any license issued to the licensee for the sale of liquor, beer, food, cigarettes or other consumable products on the premises; -   (D)   For operating a premises which is disorderly, a nuisance, public or +   4. For operating a premises which is disorderly, a nuisance, public or private, or in which breaches of the peace or disturbances occur.    (E)   Permitting persons who are visibly intoxicated to participate in gaming activity; @@ -2344,7 +2292,7 @@ individual who has been denied a gaming license. occurred by the council after hearing as herein provided, regardless of whether such violation results or resulted in a conviction in any criminal proceedings. (Ord. 192, 10-21-1974) -4-8-28: REFUSAL OF SERVICE: +### 4-8-28: REFUSAL OF SERVICE: No licensee who has been issued a license pursuant to this chapter shall refuse any service to any individual by reason of such individual's race, color, sex, culture, social origin, political or religious ideas, but this section shall @@ -2352,43 +2300,43 @@ not be construed to prevent a licensee from refusing to serve or evicting from the premises any disorderly or drunken individual or any individual improperly attired according to the general standard of the premises. (Ord. 192, 10-21- 1974) -4-8-29: EMPLOYMENT OF LAW OFFICER: +### 4-8-29: EMPLOYMENT OF LAW OFFICER: No licensee shall employ any person in any capacity while that person is in the full time employment of a law enforcement agency. (Ord. 192, 10-21-1974) -4-8-30: RECORDS OF OPERATION: +### 4-8-30: RECORDS OF OPERATION: Every holder of a gaming license shall maintain records adequate to reveal gross income and expense relating to gaming operations which shall be made available on demand to the council or its representatives. (Ord. 192, 10-21- 1974) -4-8-31: PERSONS WHO MAY NOT HOLD LICENSE: +### 4-8-31: PERSONS WHO MAY NOT HOLD LICENSE: No gaming license or temporary license shall be issued to or held by any person holding office in or employed by the city or the state of Montana or any political subdivision thereof when the duties of such office or agency have to do with the enforcement of the gaming laws and these regulations. (Ord. 192, 10-21-1974) -4-8-32: DEALER'S PERMIT: +### 4-8-32: DEALER'S PERMIT: No licensee shall employ or contract with an individual to be a dealer, operator or supervisor of any game of chance or authorized card game unless such individual has been issued a dealer's permit. (Ord. 192, 10-21-1974) -4-8-33: APPLICATION FOR DEALER'S PERMIT: +### 4-8-33: APPLICATION FOR DEALER'S PERMIT: Any person desiring to obtain a dealer's permit shall apply to the city clerk for the same on an application form there provided. On payment of the prescribed fee, the city clerk shall forward the application to the city council, who shall issue the same unless it finds that such person is ineligible for such permit. (Ord. 192, 10-21-1974) -4-8-34: PERSONS PROHIBITED DEALER'S PERMIT: +### 4-8-34: PERSONS PROHIBITED DEALER'S PERMIT: No individual with an extensive police record, or whose reputation would bring discredit on the city or who has been convicted of any violation of the Montana card games act, raffles and bingo law, or laws relating to the conduct of sports pools, or of larceny or theft, or any crime of violence, or whose gambling license has been revoked or suspended by any city, county or state may be issued a dealer's permit. (Ord. 192, 10-21-1974) -4-8-35: DEALER'S PERMIT MAY BE REVOKED: +### 4-8-35: DEALER'S PERMIT MAY BE REVOKED: A dealer's permit may be revoked or suspended in the same manner as a gaming license issued hereunder for any of the causes listed in section 4-8-27 or 4-8-34 of this chapter. (Ord. 192, 10-21-1974) -4-8-36: RESTRICTIONS OF TABLES; LICENSE AMENDMENT: +### 4-8-36: RESTRICTIONS OF TABLES; LICENSE AMENDMENT: No licensee operating authorized card games or games of chance, pursuant to this chapter, may operate at one time on the premises more than five (5) gaming tables or more than ten (10) gaming machines, and may not conduct more than two @@ -2400,7 +2348,7 @@ first paying to the city clerk the necessary fees and applying for a license amendment. The amendment shall be granted by the city clerk on payment of the requisite fees, and shall be posted with the original license during the balance of the license year. (Ord. 192, 10-21-1974) -4-8-37: TEMPORARY LICENSE: +### 4-8-37: TEMPORARY LICENSE: Any person not otherwise licensed hereunder who desires to operate games of chance or authorized card games for a period not to exceed one week on any premises which have been licensed for the sale of liquor, beer, food or @@ -2411,18 +2359,18 @@ chapter, but which may be revoked by action of the council without hearing. Only two (2) such temporary licenses may be issued to a person per year, and the year shall be that designated in section 4-8-39 of this chapter. (Ord. 192, 10-21-1974) -4-8-38: FEES: +### 4-8-38: FEES: The fees to be collected by the city clerk with the application are as follows: -   (A)   For each gaming license, a fee of fifty dollars ($50.00); -   (B)   For each table on a licensed premises, a fee of one hundred dollars +   1. For each gaming license, a fee of fifty dollars ($50.00); +   2. For each table on a licensed premises, a fee of one hundred dollars ($100.00); -   (C)   For each gaming machine, a fee of twenty five dollars ($25.00); -   (D)   For each temporary license, a fee of twenty five dollars ($25.00); +   3. For each gaming machine, a fee of twenty five dollars ($25.00); +   4. For each temporary license, a fee of twenty five dollars ($25.00);    (E)   For each dealer permit, a fee of twenty five dollars ($25.00); (Ord. 192, 10-21-1974)    (F)   For each poker machine, a fee of one hundred dollars ($100.00). (Ord. 246, 7-21-1987) -4-8-39: FEES PAID IN ADVANCE: +### 4-8-39: FEES PAID IN ADVANCE: All fees for licenses, permits or temporary licenses issued hereunder shall be paid in advance to the city clerk. Licenses, except temporary licenses which will state the precise term for which they are issued, and dealer permits, @@ -2431,18 +2379,18 @@ each calendar year and expire on June 30 of the following year. The fee for said licenses shall be prorated by the number of quarter years remaining in the license year for which they are issued. The fees herein provided shall be payable annually. (Ord. 192, 10-21-1974) -4-8-40: REVOCABLE PRIVILEGE: +### 4-8-40: REVOCABLE PRIVILEGE: Any license or permit issued pursuant to this chapter shall be deemed to be a revocable privilege, and no holder thereof shall acquire any vested rights therein or thereunder. (Ord. 192, 10-21-1974) -4-8-41: COLLECTION OF FEES: +### 4-8-41: COLLECTION OF FEES: All receipts from license fees and fines collected under the provisions of this chapter shall be paid into the city treasury. (Ord. 192, 10-21-1974) -4-8-42: VIOLATION; PENALTY: +### 4-8-42: VIOLATION; PENALTY: Any person violating any provision of this chapter or the terms of his license shall be punished by a fine of not more than three hundred dollars ($300.00) and a jail sentence of not more than ninety (90) days. (Ord. 192, 10-21-1974) -4-8-43: LIEN; SEIZURE OF PROPERTY: +### 4-8-43: LIEN; SEIZURE OF PROPERTY: All property held or used for or on the premises for which a license is required by the provisions of this chapter is liable for such license and subject to a lien for the amount thereof, which lien has precedence of any @@ -2454,22 +2402,21 @@ such persons and sell it in the manner provided by law for foreclosure of agisters liens. Such procedure for the collection of such license shall be cumulative and in addition to any procedure and penalty imposed for violation of this chapter. (Ord. 192, 10-21-1974) -4-8-44: COIN OPERATED POKER MACHINES: -   (A)   For purposes of regulation under this section, coin operated poker +### 4-8-44: COIN OPERATED POKER MACHINES: +   1. For purposes of regulation under this section, coin operated poker machines are deemed to be authorized card games under the Montana card games act, section 23-5-301 et seq., Montana Code Annotated. -   (B)   Any establishment owner, distributor, or operator using, renting, +   2. Any establishment owner, distributor, or operator using, renting, leasing or gaining income from coin operated poker machines is subject to section 23-5-312, Montana Code Annotated, restricting the award of prizes in accordance therewith. -   (C)   Any establishment owner, distributor, or operator using, vending, +   3. Any establishment owner, distributor, or operator using, vending, leasing or receiving any income from said coin operated poker machine must have a gaming license, the fees for which are provided in section 4-8-38 of this chapter together with a poker machine license for each of the machines on his premises. (Ord. 229, 5-3-1983, eff. 7-1-1983) -CHAPTER 9 -POLICE JURISDICTION -SECTION: +## CHAPTER 9 POLICE JURISDICTION +**SECTION**: 4-9-1: General Jurisdiction 4-9-2: Police Procedure And Involvement Regarding Incidents Outside The City Limits @@ -2484,9 +2431,8 @@ the city of Choteau provided, however, the city police shall not respond to any incident beyond said three (3) mile perimeter of the corporate limits and shall only respond to those incidents within said three (3) mile perimeter of the corporate limits that must be addressed immediately. (Ord. 249, 5-3-1988) -CHAPTER 10 -NOISE REGULATIONS -SECTION: +## CHAPTER 10 NOISE REGULATIONS +**SECTION**: 4-10-1: Definitions 4-10-2: Loud Noises Prohibited 4-10-3: Prohibited Acts @@ -2499,7 +2445,7 @@ SECTION: 4-10-10: Violation; Additional Remedy; Injunction 4-10-1: DEFINITIONS: As used in this chapter, unless the context otherwise requires, the following -words and phrases shall have the meanings ascribed to them in this section: +words and phrases shall have the meanings ascribed to them in this **SECTION**: AMBIENT NOISE: The noise which exists in the applicable zone in the absence of the sound emitted by the source being measured in that zone, being the total effect of all other sounds coming from near and far. @@ -2515,31 +2461,31 @@ HEALTH: An optimal state of physical, mental and emotional well being and not merely the absence of disease. PERSON: Any person, persons, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. (Ord. 289, 8-15-2000) -4-10-2: LOUD NOISES PROHIBITED: +### 4-10-2: LOUD NOISES PROHIBITED: It is unlawful for any person to make or cause to be made any excessive, sustained or unusually loud noise or any noise measured or unmeasured which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity within the limits of the city. (Ord. 289, 8-15-2000) -4-10-3: PROHIBITED ACTS: +### 4-10-3: PROHIBITED ACTS: It is unlawful to perform any of the following acts within the city: -   (A)   Horns And Signaling Devices: Repeatedly sounding any horn or signaling +   1. Horns And Signaling Devices: Repeatedly sounding any horn or signaling device on any truck, automobile, motorcycle, or other vehicle on any street or public place of the city except as a warning signal. -   (B)   Sound Amplifying Equipment: Using, operating, or permitting the use of +   2. Sound Amplifying Equipment: Using, operating, or permitting the use of any radio receiving set, musical instrument, amplifier, television, tape player, phonograph, or other machine or device for the production or reproduction of sound in such a manner as to disturb the quiet, comfort, or repose of any normally sensitive and reasonable person, or the operation of any such sets, instruments, amplifier, television, radio, phonograph, machine or device in such a manner as to be in violation of this chapter. -   (C)   Loudspeakers And Amplifiers For Commercial Purposes: Using or +   3. Loudspeakers And Amplifiers For Commercial Purposes: Using or operating within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures, or transmitting music to any person or assemblages of persons in or upon any street, alley, sidewalk, park, place, or public property without first obtaining a permit. -   (D)   Yelling And Shouting: Repeated yelling, shouting, hooting or whistling +   4. Yelling And Shouting: Repeated yelling, shouting, hooting or whistling on the public streets, alleys, or parks at any time in such a manner as to annoy or disturb the quiet, comfort, or repose of any normally sensitive and reasonable person. @@ -2569,14 +2515,14 @@ for the safety, welfare, and public health of the citizens of Choteau and to the extent that the noise thereby created is reasonably necessary for the public benefit will not be construed to be in violation of this chapter. (Ord. 289, 8-15-2000) -4-10-4: NOISE LEVELS LIMITATIONS; dB(A) LEVELS: +### 4-10-4: NOISE LEVELS LIMITATIONS; dB(A) LEVELS: It is unlawful for any person to exceed the maximum permissible decibel limits on noise emitting from any source or sources in residential, business, and industrial districts as set out in this section. -   (A)   The noise shall be measured on a sound level meter meeting current +   1. The noise shall be measured on a sound level meter meeting current American National Standards Institute standards, operated on the "A" weighted scale; -   (B)   Noise will be measured at a distance of twenty five feet (25') from +   2. Noise will be measured at a distance of twenty five feet (25') from the source or at the boundary of the lot, whichever is the greater distance. Noise radiating from properties or buildings in excess of the dB(A) established for the zone and times in table I of this section shall constitute prima facie @@ -2593,24 +2539,24 @@ Highway business district 70 dB(A) 65 dB(A) General industrial district 80 dB(A) 75 dB(A)      (Ord. 289, 8-15-2000; amd. Ord. 290, 6-19-2001) -   (C)   At boundaries between zones, the lower of the dB(A) level shall be +   3. At boundaries between zones, the lower of the dB(A) level shall be applicable. -   (D)   To be in violation, the source or sources of noise must be +   4. To be in violation, the source or sources of noise must be identifiable and the level without regard to the ambient must exceed the limitations in table I of this section.    (E)   Construction projects in all zones shall be subject to the maximum permissible noise levels specified for the general industrial zone.    (F)   All railroad rights of way shall be considered as industrial districts for the purpose of this chapter. (Ord. 289, 8-15-2000) -4-10-5: NOISE LEVELS; MAXIMUM PERMISSIBLE FOR MOTORIZED VEHICLES: +### 4-10-5: NOISE LEVELS; MAXIMUM PERMISSIBLE FOR MOTORIZED VEHICLES: It is unlawful to operate a motorized vehicle within the city limits which emits noise in excess of the limits specified in table II of this section. -   (A)   Noise from a vehicle noise source using a public right of way shall be +   1. Noise from a vehicle noise source using a public right of way shall be measured at a distance of at least twenty five feet (25') from the center of the nearest traffic lane or twenty five feet (25') from the vehicle noise source on a sound level meter of standard design and operated on the "A" weight scale. -   (B)   To be in violation, the source or sources of noise must be +   2. To be in violation, the source or sources of noise must be identifiable and the level without regard to the ambient must exceed the limitations in table II of this section.    TABLE II @@ -2625,14 +2571,14 @@ limitations in table II of this section. self-propelled vehicles   (Ord. 289, 8-15-2000) -4-10-6: EXEMPTIONS: +### 4-10-6: EXEMPTIONS: The following uses and activities shall be exempt from noise regulation: -   (A)   Noise of safety signals and warning devices. -   (B)   Noise resulting from any authorized emergency vehicle, when responding +   1. Noise of safety signals and warning devices. +   2. Noise resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. -   (C)   Noise resulting from emergency work or noise for which a special +   3. Noise resulting from emergency work or noise for which a special permit has been granted. -   (D)   Noise resulting from the operating of motorized lawn mowers fitted +   4. Noise resulting from the operating of motorized lawn mowers fitted with an operating muffler between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.    (E)   Noise caused by home or building repair, grounds maintenance, or @@ -2645,7 +2591,7 @@ o'clock (7:00) A.M. and ten o'clock (10:00) P.M. It shall be a violation of this chapter for any person to knowingly permit any disturbance described in this chapter upon premises owned or occupied by him or her. (Ord. 289, 8-15-2000) -4-10-8: PERMIT FOR RELIEF: +### 4-10-8: PERMIT FOR RELIEF: Applications for a permit for relief from the noise regulation designated in this chapter on the basis of undue hardship or for special events open to the public may be made to the city council. The city council may delegate the @@ -2655,33 +2601,31 @@ Any permit granted by the city council shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective, and any other requirements or conditions. The city council may grant the permit applied for if the council finds that: -   (A)   Additional time is necessary for the applicant to alter or modify the +   1. Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this chapter, and no other reasonable alternative is available to the applicant; or -   (B)   The activity, event, operation or noise source will be of temporary +   2. The activity, event, operation or noise source will be of temporary duration, cannot be performed in a manner that would otherwise comply with this chapter, and granting the permit is in the public interest. -   (C)   The city council may prescribe any conditions or requirements +   3. The city council may prescribe any conditions or requirements consistent with this chapter deemed necessary to minimize adverse effects upon the community or surrounding neighborhood. (Ord. 289, 8-15-2000) -4-10-9: VIOLATION; PENALTIES: +### 4-10-9: VIOLATION; PENALTIES: Any person including an owner who is convicted of a violation of this chapter shall, for each offense, be fined in a sum of not more than three hundred dollars ($300.00) or imprisoned not to exceed ninety (90) days, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Ord. 289, 8-15-2000) -4-10-10: VIOLATION; ADDITIONAL REMEDY; INJUNCTION: +### 4-10-10: VIOLATION; ADDITIONAL REMEDY; INJUNCTION: As an additional remedy, the operation or maintenance of any noise source in violation of any provision of this chapter and which causes discomfort and annoyance to any reasonable person of normal sensitivity or which endangers the comfort, repose, health or peace of residents in the area shall be a public nuisance and shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 289, 8-15-2000) -TITLE 5 -BUSINESS REGULATIONS -CHAPTER 1 -AUTOMOBILE TRAILER AND TRAILER CAMPS -SECTION: +## TITLE 5 BUSINESS REGULATIONS +## CHAPTER 1 AUTOMOBILE TRAILER AND TRAILER CAMPS +**SECTION**: 5-1-1: Definitions 5-1-2: Duty Of Council 5-1-3: Location Outside Camps @@ -2698,7 +2642,7 @@ SECTION: 5-1-14: Revocation And Suspension Of License 5-1-15: Hearing 5-1-16: Court Review -5-1-1: DEFINITIONS: +### 5-1-1: DEFINITIONS: Whenever used in this chapter the following terms and words shall have the meanings ascribed to them unless a different meaning appears from the context: AUTOMOBILE TRAILER, TRAILER COACH, OR TRAILER: Any vehicle or structure so @@ -2719,7 +2663,7 @@ unoccupied trailers are parked for purposes of inspection and sale. UNIT: A section of ground in a trailer camp of not less than one thousand (1,000) square feet of unoccupied space in an area designated as the location for only one automobile and one trailer. (Ord. 137, 8-15-1960) -5-1-2: DUTY OF COUNCIL: +### 5-1-2: DUTY OF COUNCIL: It is hereby made the duty of the council to enforce all provisions of this chapter as prescribed herein or such provisions as may hereafter be enacted, and for the purpose of securing such enforcement, any of the members of the @@ -2730,44 +2674,44 @@ accommodations connected therewith at any reasonable time. The council is further empowered to issue orders granting, renewing and revoking such permits and licenses as are provided for in accordance with the provisions of this chapter. (Ord. 137, 8-15-1960) -5-1-3: LOCATION OUTSIDE CAMPS: -   (A)   It shall be unlawful, within the limits of the city, for any person to +### 5-1-3: LOCATION OUTSIDE CAMPS: +   1. It shall be unlawful, within the limits of the city, for any person to park any trailer on any street, alley or highway, or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the city, except as provided in the zoning ordinances 1 . -   (B)   Emergency or temporary stopping or parking is permitted on any street, +   2. Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than one hour subject to any other and further prohibitions, regulations, or limitations imposed by the traffic and parking regulations for that street, alley or highway. -   (C)   No person shall park or occupy any trailer on the premises of any +   3. No person shall park or occupy any trailer on the premises of any occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling either of which is situated outside an approved trailer camp; except the parking of only one unoccupied trailer in an accessory private garage building, or in a rear yard in any district, is permitted providing no living quarters shall be maintained or any business practiced in said trailer while such trailer is so parked or stored. -   (D)   Provided, however, trailers may be parked in the city park for a +   4. Provided, however, trailers may be parked in the city park for a period of not more than three (3) days with permission of the city; provided, further that a longer period of stay may be obtained by special arrangement with the city. (Ord. 137, 8-15-1960)   Notes 1 1. See title 9 of this code for zoning. -5-1-4: PERMANENT OCCUPANCY: +### 5-1-4: PERMANENT OCCUPANCY: Automobile trailers shall not be used as a permanent place of abode or as a permanent dwelling or for indefinite periods of time; except that any such trailer properly connected with the city water supply and sanitary sewer systems, and constructed and located in a trailer camp and not inhabited by a greater number of occupants than that for which it was designed is permitted. (Ord. 137, 8-15-1960) -5-1-5: APPLICATION FOR A LICENSE; ISSUANCE OF: -   (A)   It shall be unlawful for any person to establish, operate or maintain +### 5-1-5: APPLICATION FOR A LICENSE; ISSUANCE OF: +   1. It shall be unlawful for any person to establish, operate or maintain upon any property owned or controlled by him, a trailer camp within the limits of the city, without having first secured a license therefor from the council, granted and existing in compliance with the provisions of this chapter. Such license shall expire one year from the date of issuance but may be renewed under the provisions of this chapter for additional periods of one year. -   (B)   The application for such license or the renewal therefor shall be +   2. The application for such license or the renewal therefor shall be filed with the clerk and shall be accompanied by a fee of three dollars ($3.00) for each unit in the existing or proposed camp and a license bond in the sum of one thousand dollars ($1,000.00) to guarantee compliance with the provisions of @@ -2780,27 +2724,27 @@ make the application), and such a legal description of the premises, upon which the trailer camp is or will be located as will readily identify and definitely locate the premises. The application shall be accompanied by four (4) copies of the camp plan showing the following, either existing or as proposed: -      1.   The extent and area used for camp purposes; -      2.   Roadways and driveways; -      3.   Location of sites or units for trailer coaches; -      4.   Location and number of sanitary conveniences, including toilets, +      1. The extent and area used for camp purposes; +      2. Roadways and driveways; +      3. Location of sites or units for trailer coaches; +      4. Location and number of sanitary conveniences, including toilets, washrooms, laundries and utility rooms to be used by occupants of units; -      5.   Method and plan of sewage disposal; -      6.   Method and plan of garbage removal; -      7.   Plan for water supply; -      8.   Plan for electrical lighting of units. -   (C)   Before such license may be issued, there must be a favorable +      5. Method and plan of sewage disposal; +      6.  Method and plan of garbage removal; +      7. Plan for water supply; +      8. Plan for electrical lighting of units. +   3. Before such license may be issued, there must be a favorable recommendation by a majority of the council, and the premises must be inspected and approved by each of the members of the council or his duly authorized representative, as complying with all the provisions of this chapter and other provisions of this code relating thereto. -   (D)   Licenses issued under the terms of this chapter convey no right to +   4. Licenses issued under the terms of this chapter convey no right to erect any building, to do any plumbing work or to do any electrical work. (Ord. 137, 8-15-1960) -5-1-6: ZONING OF TRAILER CAMPS: -   (A)   No trailer camp shall be located in any residential zone or any other +### 5-1-6: ZONING OF TRAILER CAMPS: +   1. No trailer camp shall be located in any residential zone or any other zone than a business district zone. -   (B)   The council may, in conformance with the zoning regulations, +   2. The council may, in conformance with the zoning regulations, recommend, and the council may issue a license for the location of a trailer camp in any district in which licenses are herein prohibited, after a public hearing if, upon such hearing, the council finds that denial of such license @@ -2810,48 +2754,48 @@ not suffer unnecessary hardship by reason of the operation of the camp at the proposed location. The council shall file its findings and conclusions in writing with the clerk and serve copies on all parties present or represented at the hearing. -   (C)   No trailer or tourist camp shall be located within the limits of the +   3. No trailer or tourist camp shall be located within the limits of the city, unless city water and sewer connections and fire protection facilities are available. -   (D)   No occupied trailer camp or other building shall be located within the +   4. No occupied trailer camp or other building shall be located within the city limits within the recognized setback line for the zoning district in which such trailer is located no less than ten feet (10') from any other building or vehicle or the boundary line of the tract on which located. (Ord. 137, 8-15- 1960) -5-1-7: CAMP PLAN: -   (A)   Every trailer camp shall be located on a well drained area, and the +### 5-1-7: CAMP PLAN: +   1. Every trailer camp shall be located on a well drained area, and the premises shall be properly graded so as to prevent the accumulation of storm or other waters. -   (B)   Units shall be clearly designated and the camp so arranged that all +   2. Units shall be clearly designated and the camp so arranged that all units shall face or abut on a driveway of not less than sixteen feet (16') in width, giving easy access from all units to a public street. Such driveway shall be graded and graveled or surfaced with other suitable material and maintained in good condition, having natural drainage into a city street, be well lighted at night, and shall not be obstructed. -   (C)   The camp shall be so laid out that no unit shall be located farther +   3. The camp shall be so laid out that no unit shall be located farther than three hundred feet (300') from the toilets and service buildings provided herein, and walkways to such buildings shall be paved as above and well lighted at night. -   (D)   Every trailer unit shall be furnished with an electric service outlet. +   4. Every trailer unit shall be furnished with an electric service outlet. Such outlet shall be equipped with an externally operated switch or fuse of not less than 30 amperes capacity, and a heavy duty outlet receptacle. (Ord. 137, 8-15-1960) -5-1-8: WATER SUPPLY: -   (A)   An adequate supply of pure water, furnished through a pipe +### 5-1-8: WATER SUPPLY: +   1. An adequate supply of pure water, furnished through a pipe distribution system connected directly with the city water main, with supply faucets located not more than two hundred feet (200') from any trailer shall be furnished for drinking and domestic purposes. -   (B)   No common drinking vessels shall be permitted, nor shall any drinking +   2. No common drinking vessels shall be permitted, nor shall any drinking water faucets be placed in any toilet room or water closet compartment. -   (C)   An abundant supply of hot water shall be provided at all times for +   3. An abundant supply of hot water shall be provided at all times for bathing, washing, and laundry facilities. (Ord. 137, 8-15-1960) 5-1-9: SERVICE BUILDINGS AND ACCOMMODATIONS: -   (A)   Every trailer camp shall have erected thereon, at a distance not +   1. Every trailer camp shall have erected thereon, at a distance not greater than two hundred feet (200') from any unit it is designed to serve, a suitable building for housing toilets, showers, and laundry facilities as required by the provisions of this chapter, such building to be known as the "service building". -   (B)   There shall be provided separate toilet rooms for each sex. Flush +   2. There shall be provided separate toilet rooms for each sex. Flush toilets provided with an adequate water supply shall be enclosed in separate compartments having a minimum width of three feet (3') and shall be provided for each sex in the ratio of one toilet for each eight (8) units or fraction @@ -2860,47 +2804,47 @@ shall have one urinal for each sixteen (16) units but in no case shall any male toilet be without one urinal. Toilet rooms shall contain lavatories with hot and cold water in the ratio of one lavatory to every two (2) or less water closets. -   (C)   Separate bathing facilities for each sex shall be provided with one +   3. Separate bathing facilities for each sex shall be provided with one shower enclosed in a compartment at least four feet (4') square, for each eight (8) units or fraction thereof that are without individual sewer connection. Each shower compartment shall be supplemented by an individual dressing compartment of at least twelve (12) square feet. -   (D)   The above accommodations shall be based on the total camp capacity +   4. The above accommodations shall be based on the total camp capacity according to accepted plans.    (E)   Floors of toilets and showers shall be concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain. (Ord. 137, 8-15-1960) -5-1-10: WASTE AND GARBAGE DISPOSAL: -   (A)   All waste from showers, toilets, laundries, faucets and lavatories +### 5-1-10: WASTE AND GARBAGE DISPOSAL: +   1. All waste from showers, toilets, laundries, faucets and lavatories shall be wasted into a sewer system extended from and connected with the city sewer system. -   (B)   All sanitary facilities in any trailer which are not connected with +   2. All sanitary facilities in any trailer which are not connected with the city sewer system by means of approved connections shall be sealed and their use is hereby declared unlawful. -   (C)   Each faucet site shall be equipped with facilities for drainage of +   3. Each faucet site shall be equipped with facilities for drainage of waste and excess water into the sewer. In no case shall any wastewater be thrown or discharged upon the surface of the ground or disposed of by means other than as herein provided. -   (D)   Every unit shall be provided with a substantial flytight metal garbage +   4. Every unit shall be provided with a substantial flytight metal garbage depository from which the contents shall be removed by the city garbage collection service, at the established rate. (Ord. 137, 8-15-1960) -5-1-11: NUMBER OF OCCUPANTS, TRAILERS: +### 5-1-11: NUMBER OF OCCUPANTS, TRAILERS: No trailer may be inhabited by a greater number of occupants than that for which it was designed. (Ord. 137, 8-15-1960) -5-1-12: MANAGEMENT: -   (A)   In every trailer camp there shall be a building in which shall be +### 5-1-12: MANAGEMENT: +   1. In every trailer camp there shall be a building in which shall be located the office of the person in charge of said camp. A copy of the camp license and this chapter shall be posted therein and the camp register shall at all times be kept in said office. -   (B)   It is hereby made the duty of the attendant or person in charge +   2. It is hereby made the duty of the attendant or person in charge together with the licensee to:       1.   Keep at all times a register of all guests (which shall be open at all times to inspection by state and federal officers and officers of the city) showing for all guests: -         (a)   Name and address. -         (b)   Dates of entrance and departure. -         (c)   License numbers of all trailers and towing or other automobiles. -         (d)   States issuing such licenses. +         1. Name and address. +         2. Dates of entrance and departure. +         3. License numbers of all trailers and towing or other automobiles. +         4. States issuing such licenses.          (e)   Place of last location, and length of stay.       2.   Maintain the camp in a clean, orderly and sanitary condition at all times. @@ -2915,7 +2859,7 @@ fire extinguishers in the ratio of one to each eight (8) units.       6.   Prohibit the lighting of open fires on the premises.       7.   Prohibit the use of any trailer by a greater number of occupants than that which it is designed to accommodate. (Ord. 137, 8-15-1960) -5-1-13: APPLICABILITY OF PLUMBING, ELECTRICAL AND BUILDING REGULATIONS 1 : +### 5-1-13: APPLICABILITY OF PLUMBING, ELECTRICAL AND BUILDING REGULATIONS 1 : All plumbing, electrical, building and other work on or at any camp licensed under the provisions of this chapter shall be in accordance with the provisions of this code regulating such work unless the provisions of this chapter are @@ -2928,13 +2872,13 @@ this code. (Ord. 137, 8-15-1960)   Notes 1 1. See title 3 of this code. -5-1-14: REVOCATION AND SUSPENSION OF LICENSE: +### 5-1-14: REVOCATION AND SUSPENSION OF LICENSE: The council is hereby authorized to revoke any license issued pursuant to the terms of this chapter if after due investigation they determine that the holder thereof has violated any of the provisions of this chapter or that any trailer or trailer camp, is being maintained in an unsanitary or unsafe manner or is a nuisance. (Ord. 137, 8-15-1960) -5-1-15: HEARING: +### 5-1-15: HEARING: Any person aggrieved by an order of the council granting, denying, renewing, or revoking a license for a trailer camp, under the provisions of this chapter, may file a written request for a hearing before the council within ten (10) @@ -2949,16 +2893,15 @@ conclusions of law and an order to carry out its findings and conclusions. These findings of fact, conclusions of law, and order shall be filed with the clerk of the council and served by the council upon all parties appearing or represented at said hearing. (Ord. 137, 8-15-1960) -5-1-16: COURT REVIEW: +### 5-1-16: COURT REVIEW: Any order either granting, denying, renewing, or revoking any license under the provisions of this chapter may be appealed to the district court in the same manner as appeals from any order under the building or zoning regulations of the city. Appeals from such orders must be taken within ten (10) days after the order is issued. Upon any such appeal the findings of fact of the council, if supported by substantial evidence, shall be conclusive. (Ord. 137, 8-15-1960) -CHAPTER 2 -CABLE TELEVISION -SECTION: +## CHAPTER 2 - CABLE TELEVISION +**SECTION**: 5-2-1: Definitions 5-2-2: License Required 5-2-3: Application For License @@ -3026,15 +2969,15 @@ Application for a license to engage in the business of operating a cable television system will be made by the person or their duly designated agent by filing such application with the city clerk. Such application shall contain the following information: -   (A)   The name and address of the applicant, and should the applicant be a +   1. The name and address of the applicant, and should the applicant be a corporation, the names and addresses of all officers and directors of said corporation. -   (B)   An outline of the general construction and operating plans of the +   2. An outline of the general construction and operating plans of the applicant. -   (C)   A proposed schedule for the construction of the system and the +   3. A proposed schedule for the construction of the system and the commencement of the service or if the system is already in operation, a full and complete description, including maps and plans, of the system. -   (D)   A statement of the policy of the applicant concerning the extension of +   4. A statement of the policy of the applicant concerning the extension of the system within the license area.    (E)   Such information as may be required to determine the legal, character, financial, technical and other qualifications of the applicant. @@ -3044,7 +2987,7 @@ special meeting, adopt a resolution to either approve the application as submitted, approve the application with modification or deny said application. (Ord. 207, 3-7-1978) 5-2-4: GRANT OF AUTHORITY: -   (A)   Upon the approval by the city of the legal, character, financial, +   1. Upon the approval by the city of the legal, character, financial, technical and other qualifications of the applicant, and the adequacy and feasibility of the applicant's construction arrangements, at a full public proceeding affording due process, the city may grant to the applicant the @@ -3062,7 +3005,7 @@ system; and in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to, any public utility or other grantee licensed or permitted to do business in the city. -   (B)   The rights, privileges and license to engage in the business of +   2. The rights, privileges and license to engage in the business of operating a CATV system in the city provided for in this section will not be exclusive and the city reserves the right to grant similar rights, privileges and licenses to any other person. (Ord. 207, 3-7-1978) @@ -3085,39 +3028,39 @@ construction schedule set forth in the application for a license. Extensions of any system within the license area shall be made by the licensee in accord with the policy set forth in the application for a license. (Ord. 207, 3-7-1978) 5-2-8: SAFETY REQUIREMENTS: -   (A)   The licensee shall at all times employ ordinary care and shall install +   1. The licensee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. -   (B)   The licensee shall install and maintain its wires, cables and fixtures +   2. The licensee shall install and maintain its wires, cables and fixtures and other equipment in accordance with requirements of the ordinances, code and regulations of the city, and in such a manner that they will not interfere with the installation of the city or public utilities serving the city. -   (C)   All structures and lines, equipment and connections in, over, under +   3. All structures and lines, equipment and connections in, over, under and on the streets, sidewalks, alleys and public ways or places of the city, wherever situated or located shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. -   (D)   The licensee shall maintain a force of one or more agents or employees +   4. The licensee shall maintain a force of one or more agents or employees at all times and shall have sufficient employees to provide safe, adequate and prompt service for its facilities. (Ord. 207, 3-7-1978) 5-2-9: CONDITIONS ON STREET OCCUPANCY: -   (A)   All transmissions and distribution structures, lines and equipment +   1. All transmissions and distribution structures, lines and equipment erected by the licensee within the city shall be so located as to cause minimum interference with the proper use of the streets, alleys, and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of the said streets, alleys or other public ways and places. -   (B)   In case of disturbance in the street, sidewalk, alley, public way, +   2. In case of disturbance in the street, sidewalk, alley, public way, grass or paved areas or any other public or private property, the licensee shall, at his own expense and in a manner approved by the city clerk, replace and restore said street, sidewalk, alley, public way, grass or paved area or any other public or private property in as good a condition as before the work involving such disturbance was done. -   (C)   If at any time the city shall lawfully elect to alter or change any +   3. If at any time the city shall lawfully elect to alter or change any street, sidewalk, alley or other public way, the licensee, upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. -   (D)   Any fixtures placed in any public way by the licensee shall be placed +   4. Any fixtures placed in any public way by the licensee shall be placed in such a manner as not to interfere with the usual travel on such public way. (Ord. 207, 3-7-1978) 5-2-10: OPERATIONAL STANDARDS: @@ -3148,7 +3091,7 @@ than a parent company or a wholly owned subsidiary of the licensee, nor transfer any rights under this license to another, except as security for monies borrowed, without the city council's approval. (Ord. 207, 3-7-1978) 5-2-14: LOCAL OFFICE; COMPLAINTS: -   (A)   The licensee shall maintain a business office, or agent, which +   1. The licensee shall maintain a business office, or agent, which subscribers may telephone during regular business hours, so that CATV maintenance service shall be promptly available. Should a subscriber have a complaint regarding the quality of cable television service, equipment @@ -3156,7 +3099,7 @@ malfunction, or similar matters, the subscriber may file his complaint with the agent of the licensee. The licensee shall notify each subscriber, at the time of the initial subscription to the service of the licensee, of the procedures for reporting and resolving such complaints. -   (B)   The licensee shall keep a record of each complaint received and the +   2. The licensee shall keep a record of each complaint received and the action taken to resolve said complaint. Said records shall be filed with the city council at the time any proceedings are initiated concerning rate changes or license renewal. (Ord. 207, 3-7-1978) @@ -3199,19 +3142,19 @@ ordinances in conflict with the provisions of this chapter are hereby repealed. This ordinance 207 codified herein as chapter 2 shall take effect and be in force thirty (30) days from and after its passage. (Ord. 207, 3-7-1978) 5-2-20: RIGHTS RESERVED: -   (A)   The right is hereby reserved to the city to adopt, in addition to the +   1. The right is hereby reserved to the city to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. -   (B)   The city shall have the right to inspect the books, records, maps, +   2. The city shall have the right to inspect the books, records, maps, plans and other like materials of the licensee at any time during normal business hours. -   (C)   The city shall have the right to supervise all construction or +   3. The city shall have the right to supervise all construction or installation work performed subject to the provisions of this license and make such inspections as it shall find necessary to ensure compliance with the terms of the license and other pertinent provisions of law. -   (D)   Upon termination or cancellation of this license, as provided for +   4. Upon termination or cancellation of this license, as provided for herein, the city shall have the right to require the licensee to remove at its own expense all portions of the cable television system from all public ways within the city. @@ -3224,7 +3167,7 @@ that the licensee provide such information as is necessary to determine a reasonable rate. (Ord. 207, 3-7-1978) CHAPTER 3 LICENSES -SECTION: +**SECTION**: 5-3-1: License Required 5-3-2: Definitions 5-3-3: Annual License Fee @@ -3278,7 +3221,7 @@ TITLE 6 FIRE REGULATIONS CHAPTER 1 FIRE LIMITS -SECTION: +**SECTION**: 6-1-1: Fire Limits Designated 6-1-1: FIRE LIMITS DESIGNATED: The following described territory in the city shall comprise the inner fire @@ -3302,7 +3245,7 @@ outside of and beyond the limits of said inner fire limits as hereinbefore described, shall comprise the outer fire limits of the city. (1967 Code) CHAPTER 2 FIRE REGULATIONS; PROVISIONS -SECTION: +**SECTION**: 6-2-1: Building Requirements For Inner Fire Limits 6-2-2: Permit Required For Building In Fire Limits 6-2-3: Replacement Of Damaged Buildings @@ -3342,7 +3285,7 @@ to be built, constructed, reconstructed, erected, placed or moved, within or into the fire limits any building, shed or structure, of any kind whatsoever, without first having obtained a permit so to do from the council, in the manner following: -   (A)   Any person desiring to build, construct or erect such building, shed +   1. Any person desiring to build, construct or erect such building, shed or structure, shall make or cause to be made and filed with the clerk at least three (3) days before the next council meeting, a sketch or plan of the proposed building or structure desired to be built, constructed or erected, @@ -3357,7 +3300,7 @@ kept on file in the office of the clerk and any deviation, alteration or change from said plans and specifications without an additional permit from the council shall be, and is hereby declared to be, a violation of the provisions of this chapter. -   (B)   Any person desiring to remove any building from one location to +   2. Any person desiring to remove any building from one location to another within the fire limits, or from without the city to a location within the outer fire limits, must first obtain a permit from the council so to do, which permit may be granted by the council upon an application in writing filed @@ -3495,7 +3438,7 @@ fireplaces and wood stoves, shall be prohibited unless a burn permit is issued by the city clerk and approved by the city fire chief. (Ord. 270, 2-4-1997) CHAPTER 3 FLAMMABLE LIQUIDS -SECTION: +**SECTION**: 6-3-1: Definitions 6-3-2: Delivery Of Flammable Liquids 6-3-3: Uniform Fire Code @@ -3525,7 +3468,7 @@ Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 247, 10-20-1987) CHAPTER 4 FIREWORKS -SECTION: +**SECTION**: 6-4-1: Definition 6-4-2: Sale Of Fireworks; Use Of; Fine 6-4-3: Possession Of Explosive Material Prohibited @@ -3539,11 +3482,11 @@ the Choteau City limits by permit only from the Office of the Choteau City Clerk after approval by the City Council. The use of fireworks within the City in any manner or means or for any purpose is prohibited except: -   (A)   For the period of July 1 through July 4 each year. Fireworks can be +   1. For the period of July 1 through July 4 each year. Fireworks can be set off within the City limits from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. each day except July 3 and 4 when the time limit on July 3 and 4 shall extend to two o'clock (2:00) A.M. the following morning; and -   (B)   For the period of December 31 from six o'clock (6:00) P.M. to two +   2. For the period of December 31 from six o'clock (6:00) P.M. to two o'clock (2:00) A.M. the following morning. Any person violating the provisions of this section regarding the use of fireworks shall be fined fifty dollars ($50.00). @@ -3559,7 +3502,7 @@ TITLE 7 HEALTH AND SANITATION CHAPTER 1 GARBAGE REGULATIONS -SECTION: +**SECTION**: 7-1-1: Definitions 7-1-2: Mandatory Use Of City Services 7-1-3: Container Requirements @@ -3583,20 +3526,20 @@ hauler. No resident, business, or other person shall engage a licensed hauler, without first receiving written approval from the city, to haul solid waste of the type that the city hauls. (Ord. 299, 5-18-2004, eff. 7-1-2004) 7-1-3: CONTAINER REQUIREMENTS: -   (A)   City Approved Containers Required: Solid waste, as identified in this +   1. City Approved Containers Required: Solid waste, as identified in this chapter, shall only be placed outside of a home, garage, or other animalproof enclosure if contained in a city approved solid waste container. -   (B)   Containers Kept Clean: Residents and businesses shall be responsible +   2. Containers Kept Clean: Residents and businesses shall be responsible for ensuring that all city approved solid waste containers are kept clean and sanitary. -   (C)   Repairing And Replacing: Residents and businesses of the city shall be +   3. Repairing And Replacing: Residents and businesses of the city shall be responsible for repairing or replacing any city approved solid waste containers that are abused, damaged, or lost. (Ord. 299, 5-18-2004, eff. 7-1-2004) 7-1-4: PLACEMENT OF CONTAINERS: -   (A)   Time Of Collection: Solid waste containers must only be placed at the +   1. Time Of Collection: Solid waste containers must only be placed at the designated pick up location by seven o'clock (7:00) A.M. on the morning that such solid waste will be picked up by the city or other permitted hauler. -   (B)   Preparation For Collection: +   2. Preparation For Collection:       1.   All solid waste produced in any house, flat, apartment, restaurant or other store, building or establishment, shall be drained of all surplus liquids, except grease, and thereupon shall be securely wrapped in paper or @@ -3621,7 +3564,7 @@ solid waste collectors, or collected by city solid waste collectors upon prepayment of charges as set by resolution.       5.   All solid waste must be placed in the containers so as to allow the lids to be shut. The lids must be kept closed on the containers at all times. -   (C)   Dirt, Rocks And Building Debris: +   3. Dirt, Rocks And Building Debris:       1.   Dirt and rocks accumulated as a result of improving or grading lawns and gardens, will not be removed from the premises, nor from the streets and alleys, by the city solid waste collectors, but shall be removed to the @@ -3637,15 +3580,15 @@ rubbish originates, by the occupant, owner, contractor, or whoever was responsible for doing the work, at least once weekly or as specified by the public works department. (Ord. 299, 5-18-2004, eff. 7-1-2004) 7-1-5: PROHIBITED ACTS AND CONDITIONS: -   (A)   Deposits On Public Ways: It is unlawful for any person to throw, +   1. Deposits On Public Ways: It is unlawful for any person to throw, scatter, or otherwise place or leave, or cause to be thrown or scattered or otherwise placed or left, upon or along any street, avenue, alley, or other public place, or upon any vacant or unoccupied lot or lots within the city, any wastepaper, rubbish, refuse, debris, or solid waste of any kind. -   (B)   Burning: It shall be unlawful to burn papers, paper goods, carbon, +   2. Burning: It shall be unlawful to burn papers, paper goods, carbon, rubbish, solid waste, organic debris, or any other type of combustible matters outdoors within the city. -   (C)   Use Of Specific Containers: +   3. Use Of Specific Containers:       1.   It is unlawful for any person to place, discard, or deposit solid waste into solid waste containers provided or placed within the city's parks unless such solid waste is actually generated and accumulated in the park by @@ -3662,12 +3605,12 @@ street receptacles. of the city of Choteau to place, dispose, discard, or deposit their solid waste into solid waste containers provided or placed within the city's parks or provided for the use by city residents and businesses. -   (D)   Special Care Items: It shall be unlawful to dispose of any products +   4. Special Care Items: It shall be unlawful to dispose of any products that contain corrosive, toxic, ignitable, or reactive ingredients which may require special care in the methods of disposal. (Ord. 299, 5-18-2004, eff. 7- 1-2004) 7-1-6: REMOVAL OF PROHIBITED CONDITIONS: -   (A)   Responsibility Of Owner: It shall be sufficient proof for the purpose +   1. Responsibility Of Owner: It shall be sufficient proof for the purpose of securing a conviction under the terms of this chapter that any such solid waste or other offensive matter is shown to have been found improperly packed or at any unauthorized place as specified hereinabove, or to have been found @@ -3679,30 +3622,30 @@ have been aware of, the presence of the solid waste which has been improperly disposed of are declared to be personally responsible under this chapter for any such refuse, solid waste, or offensive matter so thrown, located, placed, or found. -   (B)   Removal Authority: The mayor, the public works director, or the fire +   2. Removal Authority: The mayor, the public works director, or the fire chief shall have the power to, and are authorized to, order by printing, posting, or by written personal notice, to order the agent, tenant, or owner to remove from his premises or the streets and alleys adjacent thereto, any rubbish or filth which in the judgment of any of these officers, is a menace to public health, nuisance, or hazardous in case of fire. -   (C)   Removal By City: In case the rubbish is not removed within the time +   3. Removal By City: In case the rubbish is not removed within the time specified in the notice and order, any of the officers shall have the power to cause the rubbish to be removed at the cost of the city. -   (D)   Lien On Premises: The cost for the removal of such rubbish, when duly +   4. Lien On Premises: The cost for the removal of such rubbish, when duly approved by the city council, shall be a lien against the property from which such matter was deposited, and the city clerk is authorized to certify the cost to the county clerk for collection along with those taxes and other legal charges against the property. (Ord. 299, 5-18-2004, eff. 7-1-2004) 7-1-7: CHARGES FOR COLLECTION: -   (A)   Following a public hearing and public notice, the city council shall +   1. Following a public hearing and public notice, the city council shall adopt a resolution regulating, establishing, or changing rates for solid waste collection at such times as it determines necessary to defray the costs of solid waste collection. -   (B)   The city may make monthly billings for the costs of collection of +   2. The city may make monthly billings for the costs of collection of solid waste from the streets, alleys, commercial, and private premises of the city. Charges shall be charged to the renter or owner of the property from which such solid waste is collected. -   (C)   Payments of charges shall be made within thirty (30) days after the +   3. Payments of charges shall be made within thirty (30) days after the billing date and unpaid charges shall be delinquent after that date. Delinquent charges may be assessed against the property. (Ord. 299, 5-18-2004, eff. 7-1- 2004) @@ -3713,7 +3656,7 @@ provided in the general penalty in section 1-4-1 of this code. (Ord. 299, 5-18-2004, eff. 7-1-2004) CHAPTER 2 REGULATION OF SEWER USE -SECTION: +**SECTION**: 7-2-1: Definitions 7-2-2: Use Of Public Sewers Required 7-2-3: Private Wastewater Disposal @@ -3806,18 +3749,18 @@ pollution control plant". WATERCOURSE: A natural or artificial channel for the passage of water either continuously or intermittently. (Ord. 227, 5-18-1982) 7-2-2: USE OF PUBLIC SEWERS REQUIRED: -   (A)   It shall be unlawful for any person to place, deposit or permit to be +   1. It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of said city, any human or animal excrement, garbage or other objectionable waste. -   (B)   It shall be unlawful to discharge to any natural outlet within the +   2. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. -   (C)   Except as hereinafter provided, it shall be unlawful to construct or +   3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater. -   (D)   The owner(s) of all houses, buildings or properties used for human +   4. The owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the city and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary or combined sewer of the city @@ -3827,18 +3770,18 @@ in accordance with the provisions of this chapter within ninety (90) days after the date of official notice to do so; provided that said public sewer is within four hundred feet (400') of the property line. (Ord. 227, 5-18-1982) 7-2-3: PRIVATE WASTEWATER DISPOSAL: -   (A)   Where a public sanitary or combined sewer is not available under the +   1. Where a public sanitary or combined sewer is not available under the provisions of subsection 7-2-2(D) of this chapter, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this section. -   (B)   Before commencement of construction of a private wastewater disposal +   2. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the superintendent. The application for such permit shall be made on a form furnished by the superintendent, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the superintendent. A permit and inspection fee of twenty five dollars ($25.00) shall be paid to the city at the time the application is filed. -   (C)   A permit for a private wastewater disposal system shall not become +   3. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. The superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall @@ -3846,7 +3789,7 @@ notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within forty eight (48) hours of the receipt of notice by the superintendent, exclusive of weekends or legal holidays. -   (D)   The type, capacities, location and layout of a private wastewater +   4. The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations of the department of health of the state. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area @@ -3865,10 +3808,10 @@ city. with any additional requirements that may be imposed by the health officer. (Ord. 227, 5-18-1982) 7-2-4: SANITARY SEWERS, BUILDING SEWER AND CONNECTIONS: -   (A)   No unauthorized person(s) shall uncover, make any connections with or +   1. No unauthorized person(s) shall uncover, make any connections with or openings into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent. -   (B)   There shall be two (2) classes of building sewer permits: +   2. There shall be two (2) classes of building sewer permits:       1.   For residential and commercial service; and       2.   For service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form @@ -3878,11 +3821,11 @@ judgment of the superintendent. A permit and inspection fee of ten dollars ($10.00) for a residential or commercial building sewer permit and one hundred dollars ($100.00) for an industrial building sewer permit shall be paid to the city at the time the application is filed. -   (C)   All costs and expenses incidental to the installation and connection +   3. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. -   (D)   A separate and independent building sewer shall be provided for every +   4. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building @@ -3929,20 +3872,20 @@ Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city. (Ord. 227, 5-18-1982) 7-2-5: USE OF THE PUBLIC SEWERS: -   (A)   No person(s) shall discharge or cause to be discharged any unpolluted +   1. No person(s) shall discharge or cause to be discharged any unpolluted waters such as storm water, surface water, ground water, roof runoff, subsurface drainage or cooling water to any sewer, except storm water runoff from limited areas, which storm water may be polluted at times, may be discharged to the sanitary sewer by permission of the superintendent and the state department of health. -   (B)   Storm water other than that exempted under subsection (A) of this +   2. Storm water other than that exempted under subsection (A) of this section and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to natural outlet approved by the superintendent and the state department of health. Unpolluted industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet. -   (C)   No person(s) shall discharge or cause to be discharged any of the +   3. No person(s) shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:       1.   Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. @@ -3962,7 +3905,7 @@ ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. -   (D)   The following described substances, materials, waters or wastes shall +   4. The following described substances, materials, waters or wastes shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, the sludge of any municipal system, the wastewater treatment process or equipment, will not have an adverse effect on @@ -4085,18 +4028,18 @@ is a part of the wastewater facilities. Any person(s) violating this provision shall be subject to immediate arrest under the charge of disorderly conduct. (Ord. 227, 5-18-1982) 7-2-7: POWERS AND AUTHORITY OF INSPECTORS: -   (A)   The superintendent and other duly authorized employees of the city +   1. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this chapter. -   (B)   The superintendent or other duly authorized employees are authorized +   2. The superintendent or other duly authorized employees are authorized to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. However, the industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. -   (C)   While performing the necessary work on private properties referred to +   3. While performing the necessary work on private properties referred to in subsection (A) of this section, the superintendent, or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury @@ -4107,7 +4050,7 @@ growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in subsection 7-2-5(H) of this chapter. -   (D)   The superintendent and other duly authorized employees of the city +   4. The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, @@ -4117,32 +4060,32 @@ easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 227, 5- 18-1982) 7-2-8: HEARING BOARD: -   (A)   A hearing board shall be appointed as needed for arbitration of +   1. A hearing board shall be appointed as needed for arbitration of differences between the superintendent and sewer users on matters concerning interpretation and execution of the provisions of this chapter by the superintendent. The cost of the arbitration will be divided equally between the city and the sewer user. -   (B)   The board shall consist of the city council and chaired by the mayor, +   2. The board shall consist of the city council and chaired by the mayor, and the user requesting arbitration, and legal representation for both the city and the user, if desired. (Ord. 227, 5-18-1982) 7-2-9: PENALTIES: -   (A)   Any person found to be violating any provision of this chapter, except +   1. Any person found to be violating any provision of this chapter, except section 7-2-6 of this chapter, shall be served by the city with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. -   (B)   Any person who shall continue any violation beyond the time limit +   2. Any person who shall continue any violation beyond the time limit provided for in subsection (A) of this section, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding two hundred fifty dollars ($250.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. -   (C)   Any person violating any of the provisions of this chapter shall be +   3. Any person violating any of the provisions of this chapter shall be liable to the city for any expense, loss or damage occasioned the city by reason of such violation. (Ord. 227, 5-18-1982) CHAPTER 3 NUISANCES -SECTION: +**SECTION**: 7-3-1: Disposal Of Nauseous Materials 7-3-2: Premises To Be Kept Clean 7-3-3: Deposit Of Ashes @@ -4225,8 +4168,8 @@ city will cause the nuisance weeds to be cut and, where appropriate, noxious weeds to be sprayed, cut and removed. (Ord. 255, 11-6-1990) 7-3-8: VIOLATION; NOTICE PROCEDURE: Notice of violation shall be made by either: -   (A)   Posting a copy of the notice on the premises; or -   (B)   Mailing a copy of the notice to the owner by first class United States +   1. Posting a copy of the notice on the premises; or +   2. Mailing a copy of the notice to the owner by first class United States mail. The notice shall be deemed complete on the day the notice is posted or mailed. (Ord. 255, 11-6-1990) 7-3-9: NOTICE TO ABATE NUISANCE WEEDS; ASSESSMENT: @@ -4237,7 +4180,7 @@ and collected the same as any other taxes; or it may be recovered in a civil action by suit of the city. (Ord. 255, 11-6-1990) CHAPTER 4 SEWER SERVICE CHARGES -SECTION: +**SECTION**: 7-4-1: Purpose 7-4-2: Determining The Total Annual Cost Of Operation And Maintenance 7-4-3: Determining Each User's Wastewater Contribution Percentage @@ -4406,7 +4349,7 @@ and construction of the city's sanitary sewers, building sewers, and connections. (Ord. 228, 5-18-1982) CHAPTER 5 UNDERGROUND STORAGE FACILITIES -SECTION: +**SECTION**: 7-5-1: Installation Of Underground Storage Facilities 7-5-1: INSTALLATION OF UNDERGROUND STORAGE FACILITIES: No person(s), firm, partnership, corporation, association, company, entity, or @@ -4420,7 +4363,7 @@ TITLE 8 PUBLIC WAYS AND PROPERTY CHAPTER 1 SIDEWALKS AND CURBS -SECTION: +**SECTION**: 8-1-1: Construction Requirements 8-1-2: Plans And Specifications 8-1-3: Council May Order Repair Of Sidewalk @@ -4700,7 +4643,7 @@ Notes 1 1. RCM 11-974, 11-967, 11-941, 11-940, 11-910, 11-909. CHAPTER 2 SIDEWALK AND CURB FUND -SECTION: +**SECTION**: 8-2-1: Fund Created 8-2-2: Rate Of Interest; Forms 8-2-3: Duty Of Council; Assessments @@ -4785,7 +4728,7 @@ Notes 1 1. RCM 11-907. CHAPTER 3 STREET GRADES -SECTION: +**SECTION**: 8-3-1: Bench Mark 8-3-2: Grades Of Streets And Avenues 8-3-3: Curb Grades @@ -5138,7 +5081,7 @@ Notes 1 1. RCM 11-970. CHAPTER 4 UTILITY POLES -SECTION: +**SECTION**: 8-4-1: Erection Of Utility Poles 8-4-2: Penalty 8-4-1: ERECTION OF UTILITY POLES: @@ -5162,7 +5105,7 @@ shall be ordered removed, shall constitute a separate and distinct offense and be punishable accordingly. (Ord. 42, 8-23-1915) CHAPTER 5 STREET SPRINKLER DISTRICT -SECTION: +**SECTION**: 8-5-1: District Created 8-5-2: Assessment Of Property; Method Of 8-5-3: District Fund @@ -5189,7 +5132,7 @@ Notes 1 1. RCM 11-971, 11-2258. CHAPTER 6 FENCES -SECTION: +**SECTION**: 8-6-1: Construction Of Fences; Height 8-6-1: CONSTRUCTION OF FENCES; HEIGHT: All real property owners without the building zone number 1 of the city shall @@ -5205,7 +5148,7 @@ Notes 1 1. RCM 11-952. CHAPTER 7 TREES AND SHRUBBERY -SECTION: +**SECTION**: 8-7-1: Purpose 8-7-2: Definitions 8-7-3: Creation And Establishment Of City Tree Board @@ -5246,12 +5189,12 @@ this city, who shall be appointed by the mayor with approval by the city council. The members shall come from different interest groups including homeowners, tree professionals, and city government. The members shall serve without compensation. -   (A)   Term Of Office: The term of the board members shall be three (3) +   1. Term Of Office: The term of the board members shall be three (3) years, except that they shall initially be staggered so that all terms do not expire at the same time. In the event that a vacancy occurs during the term of any member, his/her successor shall be appointed for the unexpired portion of the term. -   (B)   Operation: The city tree board shall choose its own officers and keep +   2. Operation: The city tree board shall choose its own officers and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. 298, 3-16-2004) 8-7-4: COMPREHENSIVE CITY TREE PLAN: @@ -5359,7 +5302,7 @@ conviction or a plea of guilty, subject to a fine not to exceed one thousand dollars ($1,000.00). (Ord. 298, 3-16-2004) CHAPTER 8 RAILROAD CROSSINGS -SECTION: +**SECTION**: 8-8-1: Crossings To Be Lighted 8-8-2: Failure To Comply; Assessment 8-8-1: CROSSINGS TO BE LIGHTED: @@ -5382,7 +5325,7 @@ within the limits of the city and may be collected as other taxes. (Ord. 17, 1- 5-1914) CHAPTER 9 EXCAVATIONS -SECTION: +**SECTION**: 8-9-1: Permit Required; Fees 8-9-2: Materials 8-9-3: Barricade @@ -5421,7 +5364,7 @@ or its duly authorized representative, shall be guilty of a misdemeanor. (Ord. 139, 11-21-1960) CHAPTER 10 REMOVAL OF SNOW AND/OR ICE -SECTION: +**SECTION**: 8-10-1: Duty Of Owner 8-10-1: DUTY OF OWNER: It shall be the duty of the owner and tenant of any premises within the city @@ -5457,7 +5400,7 @@ expressly enjoined and imposed upon all such owners and tenants. (Ord. 217, 12- 18-1979) CHAPTER 11 FUEL PUMP PLACEMENT -SECTION: +**SECTION**: 8-11-1: Fuel Pump Restrictions 8-11-1: FUEL PUMP RESTRICTIONS: No person shall be given a permit to construct, install or build any gasoline, @@ -5468,7 +5411,7 @@ owner, nor shall any permit be given to use the sidewalk as part of a driveway to serve the public from pumps adjacent to the sidewalk. (Ord. 102, 9-10-1949) CHAPTER 12 OLD SCHOOL HOUSE SPRINGS AND CITY WATER SUPPLY -SECTION: +**SECTION**: 8-12-1: Definition 8-12-2: Duty Of Water Superintendent 8-12-3: Interference Unlawful @@ -5501,7 +5444,7 @@ Notes 1 1. RCM 11-1001, 11-981. CHAPTER 13 ANTILITTER REGULATIONS -SECTION: +**SECTION**: 8-13-1: Short Title 8-13-2: Definitions 8-13-3: Litter In Public Places Unlawful @@ -5539,11 +5482,11 @@ required and authorized in title 7, chapter 1 of this code. COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies or any matter of literature which: -   (A)   Advertises for sale any merchandise, product, commodity, or thing; or -   (B)   Directs attention to any business or mercantile or commercial +   1. Advertises for sale any merchandise, product, commodity, or thing; or +   2. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or -   (C)   Directs attention to or advertises any meeting, theatrical +   3. Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this subsection shall not apply where an admission fee is charged or a collection is @@ -5556,7 +5499,7 @@ in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state, or under any of the provisions of this code; -   (D)   While containing reading matter other than advertising matter, is +   4. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. @@ -5667,7 +5610,7 @@ right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 144, 12-18-1961) 8-13-15: DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES: -   (A)   Prohibition: No person shall throw, deposit or distribute any +   1. Prohibition: No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; @@ -5679,7 +5622,7 @@ is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mail boxes may not be so used when so prohibited by federal postal law or regulations. -   (B)   Exemption For Mail And Newspapers: The provisions of this section +   2. Exemption For Mail And Newspapers: The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers. (Ord. 144, 12-18-1961) 8-13-16: LITTER FROM AIRCRAFT: @@ -5706,14 +5649,14 @@ collection. (Ord. 144, 12-18-1961) No person shall throw or deposit litter in any open or vacant private property within the city whether owned by such person or not. (Ord. 144, 12-18-1961) 8-13-21: CLEARING OF LITTER FROM OPEN PRIVATE PROPERTY BY CITY: -   (A)   Notice To Remove: The clerk, on information from any police officer, +   1. Notice To Remove: The clerk, on information from any police officer, or otherwise, is hereby authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare, or tends to present an unsightly appearance. Such notice shall be by registered mail, addressed to said owner, at his last known address. -   (B)   Action Upon Noncompliance: Upon the failure, neglect or refusal of any +   2. Action Upon Noncompliance: Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten (10) days after receipt of written notice provided for in subsection (A) of this section, or within fifteen (15) @@ -5722,14 +5665,14 @@ city post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the city is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the city. -   (C)   Charge Included In Tax Bill: When the city has effected removal of +   3. Charge Included In Tax Bill: When the city has effected removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the city, and said charge shall be due and payable by said owner at the time of payment of such bill. -   (D)   Recorded Statement Constitutes Lien: Where the full amount due the +   4. Recorded Statement Constitutes Lien: Where the full amount due the city is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in subsections (A) and (B) of this section, then, and in that case, the clerk shall cause to be recorded in the office of the @@ -5745,25 +5688,25 @@ or described in the statement and that the same is due and collectible as provided by law. (Ord. 144, 12-18-1961) CHAPTER 14 PARK REGULATIONS -SECTION: +**SECTION**: 8-14-1: Rules And Regulations 8-14-2: Penalties 8-14-1: RULES AND REGULATIONS: It is unlawful for any person to violate any of the following rules and regulations while within any city park: -   (A)   Littering Or Dumping: Littering or dumping debris or garbage on or +   1. Littering Or Dumping: Littering or dumping debris or garbage on or within city park land. -   (B)   Destruction, Defacement Or Dismantling: Destruction, defacement or +   2. Destruction, Defacement Or Dismantling: Destruction, defacement or dismantling of any park equipment, park furnishings, park fixtures, trees, shrubs, grass, flowers or other plants or facilities on city park land. -   (C)   Overnight Camping: Overnight camping in excess of three (3) +   3. Overnight Camping: Overnight camping in excess of three (3) consecutive days in any one spot on city park land or in excess of six (6) days whether consecutive or not on any city park land during a sixty (60) day period. The term "overnight camping" includes sleeping or staying on the park ground or in cars, trucks, trailers, tents or other shelters between the hours of ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. (Ord. 284, 10- 5-1999) -   (D)   Fee For Overnight Stay: Persons who use the Choteau city park for +   4. Fee For Overnight Stay: Persons who use the Choteau city park for overnight camping shall pay a fee in an amount to be determined by resolution of the city council. The fee shall be assessed for each "vehicle" for each period of overnight camping. The term "vehicle" shall mean a car, truck, @@ -5779,7 +5722,7 @@ TITLE 9 ZONING CHAPTER 1 TITLE, PURPOSE, AUTHORITY, AND GENERAL ADMINISTRATIVE PROVISIONS -SECTION: +**SECTION**: 9-1-1: Title 9-1-2: Purpose 9-1-3: Authority @@ -5802,11 +5745,11 @@ official zoning map, subdivision regulations, and adopted city building codes. The primary purpose of these regulations is to promote the public health, safety, and general welfare through implementing the Choteau growth policy. Other purposes of the zoning code are: -   (A)   To promote orderly and efficient growth and development. -   (B)   Provide for a strong and diversified economy. -   (C)   Protect public and private investment and to provide a high degree of +   1. To promote orderly and efficient growth and development. +   2. Provide for a strong and diversified economy. +   3. Protect public and private investment and to provide a high degree of predictability and assurance to those wishing to invest in the community. -   (D)   To preserve and enhance community/neighborhood scale and character as +   4. To preserve and enhance community/neighborhood scale and character as and where recommended in the growth policy.    (E)   Provide for efficient and cost effective community services and facilities. @@ -5823,7 +5766,7 @@ All prior ordinances and resolutions related to the zoning title of the city of Choteau, Montana, adopted March 2, 1982, as amended, are hereby repealed. (Ord. 304, 4-10-2012) 9-1-5: VESTING: -   (A)   Vested rights to proceed with any development initiated prior to the +   1. Vested rights to proceed with any development initiated prior to the adoption and effective date of these regulations shall be established only by: 1. Having obtained a zoning permit issued by the city of Choteau under prior regulations; or @@ -5835,7 +5778,7 @@ law and local subdivision regulations. Approval or conditional approval of a preliminary plat, or recording of a final plat, does not establish a vested right for any particular use or development standards that might have existed under prior regulations. -   (B)   Vested rights to proceed with development under the provisions of +   2. Vested rights to proceed with development under the provisions of these regulations shall be established only by: 1. In the case of a subdivision, recording a final plat in full compliance with the Montana subdivision and platting act and local regulations; or as @@ -5847,13 +5790,13 @@ Permits may expire pursuant to section are revoked, with the zoning permit. (Ord. 304, 4-10-2012) 9-1-6: PROVISIONS OF TITLE DECLARED TO BE MINIMUM REQUIREMENTS; MOST RESTRICTIVE STANDARDS APPLY: -   (A)   In their interpretation and application, the provisions of this title +   1. In their interpretation and application, the provisions of this title shall be held to be minimum requirements to promote the health, safety, and general welfare. -   (B)   When future city regulations, or state or federal law, impose +   2. When future city regulations, or state or federal law, impose additional standards on land use or development governed by these regulations, the most restrictive standards shall apply. -   (C)   These regulations do not nullify easements, covenants, deed +   3. These regulations do not nullify easements, covenants, deed restrictions, or other similar private agreements, but where any such private agreement imposes standards that are less restrictive than those adopted herein, these regulations shall apply. (Ord. 304, 4-10-2012) @@ -5882,7 +5825,7 @@ held liable for errors or omissions in their administration. (Ord. 304, 4-10- 2012) CHAPTER 2 ADMINISTRATION AND ENFORCEMENT -SECTION: +**SECTION**: 9-2-1: Zoning Permit Required 9-2-2: Zoning Permit Fee Required 9-2-3: Application For Zoning Permit @@ -5931,17 +5874,17 @@ may be filed either concurrently with a building permit application or prior to applying for a building permit. A zoning permit application may also be filed concurrently or prior to any application for a city of Choteau business license. -   (A)   The applicant shall file a properly completed application form, +   1. The applicant shall file a properly completed application form, including a site plan, project description, and any other required supporting materials, with the administrator. Once all required materials are submitted, the administrator shall deem the application complete. -   (B)   The administrator or his/her designee shall review the application to +   2. The administrator or his/her designee shall review the application to determine compliance with these regulations. Should the administrator find that the application complies with these regulations, the application shall be approved. However, the administrator may impose reasonable conditions on the zoning permit to ensure compliance with these regulations as well as the regulations promulgated by other agencies as they may apply. -   (C)   The application shall be approved or denied within twenty (20) +   3. The application shall be approved or denied within twenty (20) business days, and the applicant shall be notified in writing within five (5) business days of the decision. (Ord. 304, 4-10-2012) 9-2-4: SITE INSPECTIONS: @@ -5968,10 +5911,10 @@ request for an extension must be made prior to the actual expiration of the zoning permit. The administrator is not empowered to reinstate an expired zoning permit. (Ord. 304, 4-10-2012) 9-2-7: REVOCATION OF ZONING PERMITS: -   (A)   Zoning permits may be revoked for good cause shown. Procedures to +   1. Zoning permits may be revoked for good cause shown. Procedures to revoke zoning permits may only be initiated by the city of Choteau, and only the Choteau city council is authorized to revoke a zoning permit. -   (B)   Prior to initiating any permit revocation procedure, the city shall +   2. Prior to initiating any permit revocation procedure, the city shall have:       1.   Conducted an inspection of the subject property.       2.   Thoroughly investigated any complaints. @@ -5979,7 +5922,7 @@ have: of complaints, issues, and/or potential violations.       4.   Provided the permittee every reasonable opportunity to address and correct conditions, violations, or deficiencies. -   (C)   A zoning permit may be revoked based on one or more of the following +   3. A zoning permit may be revoked based on one or more of the following findings:       1.   That the initial application and/or representations made by the applicant in connection with the application were fraudulent or otherwise @@ -5988,29 +5931,29 @@ permit was based upon or influenced by said application or representations.       2.   That operation of the authorized use or development has become a public nuisance and/or an imminent threat to the public health, safety, and general welfare. -   (D)   The Choteau city council may revoke a zoning permit upon approval of a +   4. The Choteau city council may revoke a zoning permit upon approval of a motion by simple majority where findings and cause for the revocation are set forth in the motion to revoke.    (E)   The applicant shall be notified of the revocation action through a cease and desist order issued by the administrator. (Ord. 304, 4-10-2012) 9-2-8: CERTIFICATE OF COMPLIANCE REQUIRED: -   (A)   Once a development project has been completed, a certificate of +   1. Once a development project has been completed, a certificate of compliance (CC) must be requested from the city of Choteau on a form provided by the administrator. The purpose of the CC is to ensure that all work described on the approved zoning permit has been completed, or as applicable, a surety for performance has been provided. -   (B)   Should a certificate of compliance be applied for in the months of +   2. Should a certificate of compliance be applied for in the months of October through March, a surety may be provided in lieu of landscaping, paving, or other improvements that do not affect the immediate and safe use of the site, and that cannot be installed during cold weather periods. Sureties may include letters of credit, bonds, or certified checks left on file with the city until such time as the improvements are satisfactorily completed. Personal or company checks cannot be accepted as sureties. -   (C)   Failure to obtain a certificate of compliance prior to occupying the +   3. Failure to obtain a certificate of compliance prior to occupying the project or improvement for which the zoning permit was issued is deemed a violation of this code. (Ord. 304, 4-10-2012) 9-2-9: ADMINISTRATIVE APPEALS: -   (A)   Any interpretation of these regulations or any decision made by the +   1. Any interpretation of these regulations or any decision made by the administrator pursuant to these regulations may be appealed to the board of adjustment (BOA) following the procedures set forth below. Such appeal shall be taken within a reasonable time as provided by the rules of the board. @@ -6038,7 +5981,7 @@ provided in section 76-2-327, Montana Code Annotated. Notice of intent to file an appeal shall halt all proceedings by the administrator to carry out the BOA decision, unless in the judgment of the administrator, such action is imperative due to imminent public health or life safety concerns. -   (B)   When in the judgment of the administrator, his/her decision or +   2. When in the judgment of the administrator, his/her decision or interpretation of the regulations will affect a specific property or class of properties, and/or have a potentially significant impact on a neighborhood or landscape of the city, the administrator shall notify adjacent property owners @@ -6054,17 +5997,17 @@ set forth in subsection (A) of this section. (Ord. 304, 4-10-2012) The board of adjustment (BOA) may in specific cases grant relief from the standards and requirements of these regulations as set forth in section 76-2- 323, Montana Code Annotated. -   (A)   The applicant shall apply for a variance on a form supplied by the +   1. The applicant shall apply for a variance on a form supplied by the city of Choteau. The applicable filing fee shall be paid, and all relevant supporting materials shall be submitted. -   (B)   Upon receipt of the application, the administrator shall publish a +   2. Upon receipt of the application, the administrator shall publish a notice in the official city of Choteau newspaper at least fifteen (15) calendar days prior to the next regular meeting of the board of adjustment, and shall place the variance on the board's agenda for that meeting. -   (C)   The administrator shall notify all property owners within one hundred +   3. The administrator shall notify all property owners within one hundred fifty feet (150') of the subject property by regular first class mail at least fifteen (15) calendar days prior to the date of the hearing by the BOA. -   (D)   The BOA shall conduct a hearing on the proposed variance following +   4. The BOA shall conduct a hearing on the proposed variance following procedures set forth in the board's adopted rules of procedure. No hearing shall be conducted if the applicant or a representative is not present.    (E)   In applying the provisions of section 76-2-323 (1)(c), Montana Code @@ -6096,9 +6039,9 @@ deviate from other standards and requirements set forth herein. A variance runs with the land and is not transferable to another site or property. (Ord. 304, 4-10-2012) 9-2-11: ADMINISTRATOR: -   (A)   Duties; General: The administrator is charged with the administration, +   1. Duties; General: The administrator is charged with the administration, interpretation, and enforcement of the zoning code. -   (B)   Powers And Duties: The administrator or his/her designees shall: +   2. Powers And Duties: The administrator or his/her designees shall:       1.   Enforce any and all provisions of these regulations.       2.   Keep complete, accurate, and secure records.       3.   Accept applications and appeals and ensure their appropriateness and @@ -6127,13 +6070,13 @@ annexations. (Ord. 304, 4-10-2012) The city of Choteau board of adjustment is established as authorized in section 76-2-321, Montana Code Annotated. The duties and powers of the board of adjustment are as follows: -   (A)   The board of adjustment shall consist of five (5) members appointed by +   1. The board of adjustment shall consist of five (5) members appointed by the city council. -   (B)   The board of adjustment is established by city of Choteau ordinance +   2. The board of adjustment is established by city of Choteau ordinance 226, as may be amended from time to time. -   (C)   The board shall serve without compensation except for expenses +   3. The board shall serve without compensation except for expenses authorized in the performance of their duties. -   (D)   The board of adjustment shall have the authority to: +   4. The board of adjustment shall have the authority to:       1.   Hear and decide appeals in which it has been alleged that there is an error in order, requirement, decision, or interpretation made by the administrator in the enforcement of these regulations. @@ -6145,24 +6088,24 @@ procedure. (Ord. 304, 4-10-2012) The Choteau city zoning commission is established as authorized in section 76- 2-307, Montana Code Annotated. The duties and powers of the zoning commission are as follows: -   (A)   To conduct hearings and advise the city council on matters of +   1. To conduct hearings and advise the city council on matters of annexation, including the appropriate zoning district to which annexed property may be applied. -   (B)   To conduct studies and investigations on growth and/or growth +   2. To conduct studies and investigations on growth and/or growth management issues arising within and/or affecting the city of Choteau, and to advise the city council on such matters. -   (C)   To hold public hearings on any request to amend these regulations and/ +   3. To hold public hearings on any request to amend these regulations and/ or the official zoning map of the city of Choteau, and to make recommendations to the city council on such amendment requests. (Ord. 304, 4-10-2012) 9-2-14: AMENDMENTS TO THE ZONING CODE: -   (A)   Amendments to the zoning code of the city of Choteau may be initiated +   1. Amendments to the zoning code of the city of Choteau may be initiated by the city council, zoning commission, board of adjustment, or any individual, group of individuals, business, corporation, or other organization whether or not located in the city of Choteau. -   (B)   Applications for zoning code amendments shall be made on a form +   2. Applications for zoning code amendments shall be made on a form provided by the city of Choteau, and the applicable filing fee shall be paid. No application can be considered complete without the applicable fee. -   (C)   In the application, the complete rationale for the amendment must be +   3. In the application, the complete rationale for the amendment must be provided, and the following criteria addressed to the extent they are applicable:       1.   How the proposed amendment implements the growth policy more @@ -6180,7 +6123,7 @@ of buildings and encouraging the most appropriate use of land throughout the city.       7.   Additional community benefits, if any, that will be provided or promoted by the proposed amendment. -   (D)   Once the administrator has deemed the application complete, it shall +   4. Once the administrator has deemed the application complete, it shall be forwarded to the zoning commission for review and a public hearing. The public hearing shall be held no later than sixty (60) calendar days after the application has been received by the zoning commission. The administrator shall @@ -6197,20 +6140,20 @@ receipt of the recommendation.    (G)   Final action to adopt a zoning code amendment shall be by ordinance. (Ord. 304, 4-10-2012) 9-2-15: AMENDMENTS TO THE OFFICIAL ZONING MAP: -   (A)   Amendments to the official zoning map of the city of Choteau may be +   1. Amendments to the official zoning map of the city of Choteau may be initiated by the zoning commission, city council, any individual, group of individuals, business, corporation, or any other organization with a property interest in at least one property within the amendment area. A property interest shall mean fee simple ownership or a contractual interest in purchasing a property. -   (B)   Applications for zoning map amendments shall be made on a form +   2. Applications for zoning map amendments shall be made on a form provided by the city of Choteau. Included in the application shall be a scaled map of the proposed amendment area depicting existing and proposed zoning districts. The application must be signed by all owners of record of at least one property in the area of the proposed amendment, or, a separate letter of authorization, also signed by all owners of record of at least one of the affected properties, may be issued to the applicant. -   (C)   In the application, the complete rationale for the zoning map +   3. In the application, the complete rationale for the zoning map amendment must be provided, and the following criteria shall be addressed to the extent they are applicable:       1.   How the proposed map amendment implements the growth policy more @@ -6228,7 +6171,7 @@ value of buildings and encouraging the most appropriate use of land throughout the city.       7.   Additional community benefits, if any, that will be provided or promoted by the proposed map amendment. -   (D)   Once the administrator has deemed the application complete, it shall +   4. Once the administrator has deemed the application complete, it shall be forwarded to the zoning commission for review and a public hearing. The public hearing shall be held no later than sixty (60) calendar days after the application has been received by the zoning commission. The administrator shall @@ -6245,27 +6188,27 @@ receipt of the recommendation.    (G)   Final action to adopt a zoning map amendment shall be by ordinance. (Ord. 304, 4-10-2012) 9-2-16: AMENDMENTS TO THE GROWTH POLICY: -   (A)   Pursuant to section 76-1-601, Montana Code Annotated, the city of +   1. Pursuant to section 76-1-601, Montana Code Annotated, the city of Choteau growth policy shall be reviewed at least every five (5) years. This review shall be conducted by the Choteau- Teton County city-county planning board in cooperation with the city of Choteau. Results of the review shall be summarized in a written report to the city council and citizens of Choteau. Should the city council opt to revise the growth policy, procedures set forth in section 76-1-602 to 604, Montana Code Annotated shall be followed. -   (B)   An amendment to or review of the growth policy may be requested at any +   2. An amendment to or review of the growth policy may be requested at any time by any individual, group of individuals, business, corporation, or other organization whether or not it is located within the city of Choteau. Such request shall be in writing, shall clearly describe the need for review or amendment, including relevant data, and shall be submitted to the administrator, who shall forward the request to the city-county planning board. -   (C)   At its option, and for good cause shown, the city-county planning +   3. At its option, and for good cause shown, the city-county planning board may:       1.   Proceed with a review or amendment process based upon the written request, or       2.   Hold the request until the next scheduled growth policy review. The board shall notify the originator of the request and the Choteau city council in writing as to their decision. -   (D)   At any time, and for good cause shown, the Choteau city council may +   4. At any time, and for good cause shown, the Choteau city council may direct a review or initiate an amendment to the growth policy. (Ord. 304, 4-10- 2012) 9-2-17: ADMINISTRATOR RESPONSIBLE FOR ENFORCEMENT: @@ -6276,18 +6219,18 @@ requirements and standards set forth in these regulations. (Ord. 304, 4-10- In order to ensure consistency and fairness in the enforcement process, the administrator shall establish and follow an enforcement protocol. At a minimum, this protocol shall include the following: -   (A)   Anyone may file a complaint with the administrator regarding a +   1. Anyone may file a complaint with the administrator regarding a possible violation of these regulations. The complaint may be delivered by any means including writing, via electronic mail, or by telephone, including text messaging. -   (B)   The administrator shall investigate the complaint within a reasonable +   2. The administrator shall investigate the complaint within a reasonable period of time as established in the protocol. -   (C)   Should the administrator find that a violation exists, he/she shall +   3. Should the administrator find that a violation exists, he/she shall notify the responsible party (homeowner, business owner, contractor, etc.) in writing, describing the violation, citing the applicable language in these regulations, and providing a reasonable time for the party to abate the violation as set forth in the enforcement protocol. -   (D)   Should the violation not be abated or otherwise resolved by the end of +   4. Should the violation not be abated or otherwise resolved by the end of the time period set forth in the enforcement protocol, the administrator shall mail a second notice of violation by certified return receipt requested mail. This notice shall include a second time period in which the violation must be @@ -6321,22 +6264,22 @@ the authority under this title to issue an immediate cease and desist order. Once the threat to life, property, or public health is removed, the abatement protocol shall be carried out. (Ord. 304, 4-10-2012) 9-2-22: PENALTIES FOR VIOLATION: -   (A)   Pursuant to section 76-2-315, Montana Code Annotated, a violation of +   1. Pursuant to section 76-2-315, Montana Code Annotated, a violation of the standards and requirements set forth in this title is a misdemeanor. Anyone convicted of violating the provisions or conditions of this title may be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, and in addition shall pay all costs and expenses incurred in the case. Each day such violation continues is a separate offense. -   (B)   The owner or tenant of any buildings, structures, premises or part +   2. The owner or tenant of any buildings, structures, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and penalties herein provided. -   (C)   Nothing contained herein prevents the city from taking such other +   3. Nothing contained herein prevents the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 304, 4- 10-2012) CHAPTER 3 ZONING DISTRICTS AND REGULATIONS -SECTION: +**SECTION**: 9-3-1: Districts Established 9-3-2: Rules For Interpretation Of District Boundaries 9-3-3: Permitted, Conditional, And Prohibited Uses @@ -6372,13 +6315,13 @@ Casino/adult use overlay    C/AU   (Ord. 304, 4-10-2012) 9-3-2: RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES: -   (A)   Boundaries indicated as approximately following streets, highways, or +   1. Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerlines of said features. -   (B)   Boundaries indicated as approximately following platted lot lines +   2. Boundaries indicated as approximately following platted lot lines shall be construed as following said lot lines. -   (C)   Boundaries indicated as approximately following the Choteau city +   3. Boundaries indicated as approximately following the Choteau city limits shall be construed as following said city limits. -   (D)   Boundaries indicated as following railroad lines shall be construed to +   4. Boundaries indicated as following railroad lines shall be construed to lie midway between the main tracks.    (E)   Boundaries indicated as following rivers, creeks, or perennial or intermittent streams of any kind shall be construed to follow the thread of @@ -6396,37 +6339,37 @@ variance with those shown on the official zoning map or in other circumstances not addressed by subsections (A) through (F) of this section, the administrator shall interpret the district boundaries. (Ord. 304, 4-10-2012) 9-3-3: PERMITTED, CONDITIONAL, AND PROHIBITED USES: -   (A)   Permitted Uses: All uses listed as "permitted uses" in each zoning +   1. Permitted Uses: All uses listed as "permitted uses" in each zoning district are permitted outright, and require only a zoning permit, building permit, and/or city business license as applicable. Only those uses specifically listed as permitted uses are so allowed in the applicable district. -   (B)   Conditional Uses: All uses listed as "conditional uses" in each zoning +   2. Conditional Uses: All uses listed as "conditional uses" in each zoning district are permitted provided that all listed conditions are met. No hearings or conditional use permits are required. No uses other than those listed shall be allowed as conditional uses. Like permitted uses, conditional uses are subject to zoning permits, building permits, and/or city business license as may be applicable to the particular use. -   (C)   Prohibited Uses: For some zoning districts, a list of uses that are +   3. Prohibited Uses: For some zoning districts, a list of uses that are expressly prohibited is provided. This list is provided for clarification and ease of interpretation only, and it is not in any way intended to be an exhaustive list of all uses that are prohibited in the applicable district. In general application of this zoning code, any use or uses not listed as "permitted" or "conditional" uses are prohibited. (Ord. 304, 4-10-2012) 9-3-4: A RESIDENTIAL DISTRICT: -   (A)   Purpose: The A residential zoning district is intended to preserve, +   1. Purpose: The A residential zoning district is intended to preserve, enhance, and encourage high quality, predominantly single-family neighborhoods. This includes setting forth standards for the bulk and scale of residential structures so that properties do not become "overbuilt", and ensuring the open yard areas, street connectivity, and streetscapes that are critical to attractive and desirable neighborhoods. -   (B)   Principal Permitted Uses And Structures: The following uses and +   2. Principal Permitted Uses And Structures: The following uses and structures are permitted outright in the A residential district, subject only to a zoning permit: Class A manufactured homes. (See subsection (E) of this section.) Daycare home providing care for twelve (12) or fewer children. Single-family detached dwelling units. -   (C)   Accessory Uses And Structures: The following uses and structures are +   3. Accessory Uses And Structures: The following uses and structures are permitted as accessory uses in the A residential district, subject only to a zoning permit: Cottage industries subject to section @@ -6437,7 +6380,7 @@ Structures that are customary and incidental to the primary residential use of the property including, but not necessarily limited to, detached garages, storage/tool sheds, greenhouses, workshops, TV satellite receiving dishes (not subject to zoning permit). -   (D)   Conditional Uses: The following uses and structures are permitted as +   4. Conditional Uses: The following uses and structures are permitted as conditional uses in the A residential district subject to a zoning permit and the specific conditions listed herein: Accessory residential unit (ARU) subject to the following conditions: @@ -6479,11 +6422,11 @@ removed for any reason, it may only be replaced by a class A manufactured home or a conventional site built dwelling unit.    (F)   Dimensional Standards:       1.   Setbacks: -         (a)   Front: Sixteen feet (16') minimum, thirty feet (30') maximum +         1. Front: Sixteen feet (16') minimum, thirty feet (30') maximum (see section 9-4-5, "Prevailing Front Setback Provision", of this title). -         (b)   Sides: Six feet (6'). -         (c)   Rear: Sixteen feet (16'). +         2. Sides: Six feet (6'). +         3. Rear: Sixteen feet (16').       2.   Maximum structural height: Twenty eight feet (28').       3.   Minimum lot size: Six thousand (6,000) square feet for platted properties and for replatting of platted properties. Minimum lot size for all @@ -6498,13 +6441,13 @@ subsection (F)8 of this section).       8.   FAR/LSR adjustment: For each 0.01 increase in LSR up to 0.60, the FAR may be increased by 0.01 up to a maximum of 0.50. (Ord. 304, 4-10-2012) 9-3-5: B RESIDENTIAL DISTRICT: -   (A)   Purpose: The B residential zoning district is intended to preserve and +   1. Purpose: The B residential zoning district is intended to preserve and enhance the established residential areas of Choteau while allowing for a variety of residential product types including duplexes, townhomes, twin homes, and multi-family structures. Standards set forth in this section are intended to allow development and redevelopment that is compatible with its host neighborhood regardless of the density. -   (B)   Principal Permitted Uses And Structures: The following uses and +   2. Principal Permitted Uses And Structures: The following uses and structures are permitted outright in the B residential district, subject only to a zoning permit: Class A manufactured homes. @@ -6516,7 +6459,7 @@ Daycare homes providing care for twelve (12) or fewer children. Multi-family dwelling units of all types up to 8-unit structures. Single-family detached dwelling units. Two-family dwelling units, including townhomes, duplexes, and twin homes. -   (C)   Accessory Uses And Structures: The following uses and structures are +   3. Accessory Uses And Structures: The following uses and structures are permitted as accessory uses in the B residential district, subject only to a zoning permit: Cottage industries subject to section @@ -6527,7 +6470,7 @@ Structures that are customary and incidental to the primary residential use of the property including, but not necessarily limited to, detached garages, storage/tool sheds, greenhouses, workshops, TV satellite receiving dishes (not subject to zoning permit). -   (D)   Conditional Uses: The following uses and structures are permitted as +   4. Conditional Uses: The following uses and structures are permitted as conditional uses in the B residential district subject to a zoning permit and the specific conditions listed herein: Accessory residential unit (ARU) subject to the following conditions: @@ -6562,11 +6505,11 @@ facility.       3.   The minimum lot area shall be ten thousand (10,000) square feet.    (E)   Dimensional Standards:       1.   Setbacks: -         (a)   Front: Sixteen feet (16') minimum, thirty feet (30') maximum +         1. Front: Sixteen feet (16') minimum, thirty feet (30') maximum (see section 9-4-5, "Prevailing Front Setback Provision", of this title). -         (b)   Sides: Six feet (6'). -         (c)   Rear: Sixteen feet (16'). +         2. Sides: Six feet (6'). +         3. Rear: Sixteen feet (16').       2.   Maximum structural height: Twenty eight feet (28').       3.   Minimum lot size: Six thousand (6,000) square feet.       4.   Minimum lot width: Fifty feet (50'). @@ -6586,14 +6529,14 @@ setback. For all other residential units, including ARUs, off street parking shall be located to the rear of the primary residential structure. (Ord. 304, 4-10-2012) 9-3-6: BR BUSINESS/RESIDENTIAL DISTRICT: -   (A)   Purpose: The BR district is intended to provide a smooth transition +   1. Purpose: The BR district is intended to provide a smooth transition between commercial and residential areas, while at the same time providing opportunities for low impact commercial and office uses away from the higher intensity uses and higher traffic volumes of the commercial districts. A pleasing, walkable streetscape will also be an objective of the BR district. The adaptive reuse of residential structures for nonresidential or mixed use is encouraged. -   (B)   Permitted Uses: +   2. Permitted Uses: Bed and breakfast establishments and tourist homes. Credit unions and other financial institutions not to exceed one thousand (1,000) square feet in gross floor area. @@ -6609,7 +6552,7 @@ mortgage lending, and insurance. Specialty retail shops and stores such as florists, antiques, fly and tackle shops, camera and optic, clothing, office supply and copy. No single retail use may exceed one thousand (1,000) square feet gross floor area. -   (C)   Prohibited Uses: The following uses are expressly prohibited in the BR +   3. Prohibited Uses: The following uses are expressly prohibited in the BR district: Adult bookstores and adult retail. Drive-through facilities for any use. @@ -6617,7 +6560,7 @@ Hotels and motels. Restaurants with full beverage liquor licenses. Taverns, bars, and casinos. Vehicle fuel dispensing and sales, with or without retail. -   (D)   Accessory Uses: +   4. Accessory Uses: Enclosed storage buildings provided they are located behind (nonstreet side) of principal building. On site signs (subject to separate sign permit). @@ -6626,9 +6569,9 @@ Outdoor/sidewalk dining (subject to separate permit). Sidewalk sales (subject to separate permit).    (F)   Dimensional Standards:       1.   Setbacks: -         (a)   Front: Ten feet (10') minimum, twenty feet (20') maximum. -         (b)   Sides: Five feet (5'). -         (c)   Rear: Twenty feet (20'). +         1. Front: Ten feet (10') minimum, twenty feet (20') maximum. +         2. Sides: Five feet (5'). +         3. Rear: Twenty feet (20').       2.   Maximum structural height: Twenty eight feet (28').       3.   Minimum lot size: Four thousand eighty (4,080) square feet.       4.   Maximum floor area ratio (FAR): 0.90. @@ -6657,12 +6600,12 @@ uses in the BR district subject to the following conditions:       5.   No religious institution shall exceed two thousand (2,000) square feet gross floor area. (Ord. 304, 4-10-2012) 9-3-7: CB CENTRAL BUSINESS DISTRICT: -   (A)   Purpose: The central business district (CB) is intended to keep +   1. Purpose: The central business district (CB) is intended to keep downtown Choteau as the governmental, retail, entertainment, and financial center of the community. In addition, the CB supports the expansion and continued investment in the historical business core of Choteau, and promotes an attractive, walkable, diverse area for shopping and entertainment. -   (B)   Permitted Uses: +   2. Permitted Uses: Dining and drinking establishments including restaurants, bars, and taverns, including fraternal clubs and lodges, but not including drive-through facilities. @@ -6680,13 +6623,13 @@ Retail shops and stores including general and specialty items, clothing, art, home furnishings, school/office supplies, copy centers, antiques, sporting goods, and grocery stores. Vehicle fuel dispensing and sales, with or without retail. -   (C)   Prohibited Uses: The following uses are expressly prohibited in the +   3. Prohibited Uses: The following uses are expressly prohibited in the CB: Adult bookstores and adult retail. Auto dealerships, auto, truck, and trailer sales of any kind. Mobile home or manufactured home sales of any kind. Tire and auto service of any kind, including quick lube. -   (D)   Accessory Uses: +   4. Accessory Uses: Enclosed storage buildings provided they are located behind (nonstreet side) of principal building. On site signs (subject to separate sign permit). @@ -6699,11 +6642,11 @@ Sidewalk sales (subject to separate permit). Street fairs and festivals (subject to separate permit).    (F)   Dimensional Standards:       1.   Setbacks: -         (a)   Front: Zero, and no more than five feet (5'). (See CB design +         1. Front: Zero, and no more than five feet (5'). (See CB design standards and guidelines.) -         (b)   Sides: Zero, and joining the adjacent building at the lot line +         2. Sides: Zero, and joining the adjacent building at the lot line is encouraged. -         (c)   Rear: Ten feet (10') if adjacent to an alley, otherwise sixteen +         3. Rear: Ten feet (10') if adjacent to an alley, otherwise sixteen feet (16').       2.   Maximum structural height: Thirty five feet (35').       3.   Minimum lot size: None. @@ -6746,7 +6689,7 @@ permitted use listed in this section.       2.   Off street parking shall be provided in accordance with section 9-4-9 of this title. (Ord. 304, 4-10-2012) 9-3-8: HB HIGHWAY BUSINESS DISTRICT: -   (A)   Purpose: The purpose of the highway business district (HB) is to +   1. Purpose: The purpose of the highway business district (HB) is to provide commercial land for necessary community goods and services, as well as to serve the needs of the traveling public and visitors. However, it is recognized that these commercial areas should also be attractive components of @@ -6754,7 +6697,7 @@ the built environment, and that many areas of HB zoning are located in important community entryways. Still, the standards set forth for this district recognize that much of the area zoned HB is already developed, and nonconformities should be kept to a minimum in order to encourage investment. -   (B)   Permitted Uses: +   2. Permitted Uses: Auto and truck dealerships, new and used auto and truck sales, auto service of all kinds provided that all service and repair work is conducted in an enclosed building. @@ -6775,12 +6718,12 @@ Retail shops and stores including general and specialty items, grocery stores, hardware, home furnishings, home improvement, tack and feed, and vehicle fuel dispensing and sales with or without retail. Studios for photography, dance, visual arts, etc. -   (C)   Prohibited Uses: The following uses are expressly prohibited in the HB +   3. Prohibited Uses: The following uses are expressly prohibited in the HB district: Adult bookstores, adult entertainment, and adult retail except in the casino/ adult use overlay. Heavy equipment sales and service. -   (D)   Accessory Uses: +   4. Accessory Uses: Enclosed storage buildings provided they are located behind (nonstreet side) of principal building. On site signs (subject to separate sign permit). @@ -6797,11 +6740,11 @@ conducted on private property.    (F)   Dimensional Standards:       1.   The setbacks listed below are minimums, but they may be increased on a case by case basis depending on the need for emergency access: -         (a)   Front: Fifteen feet (15'). -         (b)   Sides: Fifteen feet (15'), except side can be zero for interior +         1. Front: Fifteen feet (15'). +         2. Sides: Fifteen feet (15'), except side can be zero for interior side lot lines where townhouse type platting is used to convey building footprints. -         (c)   Rear: Fifteen feet (15'). +         3. Rear: Fifteen feet (15').       2.   Maximum structural height: Thirty five feet (35').       3.   Minimum lot size: Ten thousand (10,000) square feet, but there is no minimum for lots created by townhouse type platting. @@ -6854,12 +6797,12 @@ permitted use listed in this section.       2.   Off street parking shall be provided in accordance with section 9-4-9 of this title. (Ord. 304, 4-10-2012) 9-3-9: GI GENERAL INDUSTRIAL DISTRICT: -   (A)   Purpose: The general industrial district is established to provide for +   1. Purpose: The general industrial district is established to provide for a wide range of manufacturing, processing, fabrication, distribution, and heavy commercial and commercial service land uses. Generally, access should be from arterial streets that can accommodate heavy truck traffic. All uses in the GI are required to meet the performance standards set forth in this section. -   (B)   Permitted Uses: +   2. Permitted Uses: Automobile dealerships, motor vehicle, boat, and RV sales, service, and repair of any kind, except salvage. Building supply/lumberyard. @@ -6879,13 +6822,13 @@ Recycling facilities for paper, wood, metal, plastic, and other materials not including vehicle parts. Truck stops and vehicle fuel dispensing and sales (with or without food service and convenience retail). -   (C)   Accessory Uses: +   3. Accessory Uses: Living units for security/maintenance personnel (maximum of 2 per industrial site). Off street parking and loading. On site signage (subject to separate sign permit). Open and closed storage of merchandise, supplies, vehicles, and materials. -   (D)   Temporary Uses Permitted: +   4. Temporary Uses Permitted: Seasonal sales of Christmas trees and agricultural products. Short term use of land or buildings for assembly, festivals, fairs, circus, community events, etc. @@ -6894,11 +6837,11 @@ offices, provided they are removed within six (6) months of placement.    (E)   Dimensional Standards:       1.   The setbacks listed below are minimums, but they may be increased on a case by case basis depending on the need for emergency access: -         (a)   Front: Fifteen feet (15'). -         (b)   Sides: Fifteen feet (15'), except side can be zero for interior +         1. Front: Fifteen feet (15'). +         2. Sides: Fifteen feet (15'), except side can be zero for interior side lot lines where townhouse type platting is used to convey building footprints. -         (c)   Rear: Fifteen feet (15'). +         3. Rear: Fifteen feet (15').       2.   Maximum structural height: Thirty five feet (35'), except that grain elevators, cooling towers, and similar structures may be constructed to seventy feet (70') in height. @@ -6959,7 +6902,7 @@ applicable. obscuring fence and a landscape buffer of at least eight feet (8') in width. (Ord. 304, 4-10-2012) 9-3-10: PLANNED UNIT DEVELOPMENT (PUD) OPTION: -   (A)   Purpose: The PUD is intended as a residential or mixed use development +   1. Purpose: The PUD is intended as a residential or mixed use development option in all zoning districts except for GI general industrial. Its specific purposes are:       1.   To allow for flexibility and innovation of site planning and design. @@ -6969,16 +6912,16 @@ through clustering development in more buildable areas of a site.       4.   To achieve compatibility with the scale, character, and qualities with the surrounding neighborhood.       5.   To provide usable, functional open space. -   (B)   Permitted Uses: The permitted uses under the PUD option shall be the +   2. Permitted Uses: The permitted uses under the PUD option shall be the same as those in the applicable zoning district, except that townhomes, twin homes, duplexes, triplexes, class A manufactured homes, and apartment type units are all permitted. In nonresidential districts, the PUD may include compatible residential uses. The PUD option can also be used for manufactured home parks or subdivisions for manufactured units other than class A except in the A residential district. -   (C)   Accessory Uses And Structures: Accessory uses and structures under the +   3. Accessory Uses And Structures: Accessory uses and structures under the PUD option shall be the same as those in the applicable zoning district. -   (D)   Conditional Uses: Conditional uses under the PUD option shall be the +   4. Conditional Uses: Conditional uses under the PUD option shall be the same as in the applicable zoning district except that the standard conditions set forth in each district may be modified or amended through the PUD review and approval process. @@ -7019,10 +6962,10 @@ etc.), an assessment of potential neighborhood impacts, and how those impacts will be mitigated.       2.   A conceptual site plan prepared to an appropriate scale (1 inch = 10 feet, 1 inch = 20 feet, 1 inch = 50 feet, etc.) that includes at a minimum: -         (a)   North arrow. -         (b)   Indication of scale. -         (c)   Vicinity map. -         (d)   Names of adjacent streets, water bodies, and landmarks. +         1. North arrow. +         2. Indication of scale. +         3. Vicinity map. +         4. Names of adjacent streets, water bodies, and landmarks.          (e)   Developer's contact information.          (f)   Preparer's contact information.          (g)   Indication of existing and proposed structures. @@ -7081,10 +7024,10 @@ proposed PUD shall rest with the Choteau city council. implemented through the filing of a preliminary plat as set forth in the city of Choteau subdivision regulations. (Ord. 304, 4-10-2012) 9-3-11: C/AU CASINO/ADULT USE OVERLAY: -   (A)   Purpose: The purpose of the casino/adult use overlay is to provide for +   1. Purpose: The purpose of the casino/adult use overlay is to provide for potentially controversial and volatile land uses in an appropriate location within the community that will minimize land use conflicts. -   (B)   Permitted Uses: In addition to the permitted uses in the underlying +   2. Permitted Uses: In addition to the permitted uses in the underlying zoning district, the following uses are permitted within the casino/adult use overlay: Adult bookstores. @@ -7092,7 +7035,7 @@ Adult entertainment. Adult retail establishments. Casinos, including dining and drinking establishments with gaming machines and/ or live gambling. -   (C)   Nonconforming Casinos And Adult Uses: Casinos and adult uses that were +   3. Nonconforming Casinos And Adult Uses: Casinos and adult uses that were legally located outside of the casino/adult use overlay may continue to operate subject to section 9-4-13, "Nonconforming Lots Of Record, Land Uses, And Structures", of this @@ -7101,7 +7044,7 @@ number of gambling machines, devices, or other gambling facilities such as tables or dealers' stations, shall be considered an expansion of use under section 9-4-13 of this title. -   (D)   Development Standards: All permitted uses in the casino/adult use +   4. Development Standards: All permitted uses in the casino/adult use overlay are subject to all development standards of the underlying zoning district. In addition, general development standards apply including, but not necessarily limited to, off street parking, signage, landscaping, and @@ -7111,10 +7054,10 @@ licensing, including, or not including, alcoholic beverage license, for charity "casino nights" or similar infrequent events, need not be located within the casino/adult use overlay. (Ord. 304, 4-10-2012) 9-3-12: P/SP PUBLIC/SEMIPUBLIC DISTRICT: -   (A)   Purpose: The purpose of the public/semipublic district is to recognize +   1. Purpose: The purpose of the public/semipublic district is to recognize and designate land for governmental and other public and semipublic facilities and services. -   (B)   Permitted Uses: Uses permitted in the P/SP district include all +   2. Permitted Uses: Uses permitted in the P/SP district include all governmental functions and facilities, including, but not necessarily limited to, the following: Federal, state, and local government buildings and offices. @@ -7125,7 +7068,7 @@ Public schools. Shop and maintenance yards, state highway maintenance work stations, and material storage facilities. Utilities and public facilities such as water and wastewater treatment plants. -   (C)   Development Standards: The development standards in each P/SP district +   3. Development Standards: The development standards in each P/SP district shall be established by the governmental or semipublic entity developing the site. The city of Choteau invites and encourages cooperation with all government agencies and semipublic entities and organizations to develop public @@ -7134,35 +7077,35 @@ qualities, and community scale. Facility master plans that are developed through community involvement is encouraged. Adherence to the city's landscaping, parking, fencing, architectural, and other site development standards is also encouraged. -   (D)   Change Of Ownership: Should any land within a P/SP district be +   4. Change Of Ownership: Should any land within a P/SP district be transferred into private ownership, the city of Choteau will entertain an official zoning map amendment request to the appropriate zoning district. Such an application shall be filed and reviewed in conformance to state law and the applicable provisions of these regulations. (Ord. 304, 4-10-2012) 9-3-13: APD AIRPORT PLANNED DEVELOPMENT DISTRICT: -   (A)   Purpose: The purpose of the airport planned development district is to +   1. Purpose: The purpose of the airport planned development district is to designate land for the municipal airport, support facilities, and related commercial and industrial operations. The APD also serves to implement the airport master plan. -   (B)   Permitted Uses: Uses permitted in the APD include all airport, airport +   2. Permitted Uses: Uses permitted in the APD include all airport, airport operations, and support facilities, including, but not necessarily limited to, the following: Air carrier terminal and support facilities. Air terminal, administrative offices, hangars, towers, and related facilities. Airport related commercial and industrial operations. Runways and related open space. -   (C)   Development Standards: Development in the APD shall be according to +   3. Development Standards: Development in the APD shall be according to the official airport master plan for the facility. Compliance with city of Choteau architectural standards and all site development standards is encouraged. -   (D)   Change Of Ownership: Should any land within an APD district be +   4. Change Of Ownership: Should any land within an APD district be transferred into private ownership, the city of Choteau will entertain an official zoning map amendment request to the appropriate zoning district. Such an application shall be filed and reviewed in conformance to state law and the applicable provisions of these regulations. (Ord. 304, 4-10-2012) CHAPTER 4 SUPPLEMENTARY REGULATIONS -SECTION: +**SECTION**: 9-4-1: Purpose 9-4-2: Landscaping Standards 9-4-3: Property Maintenance @@ -7187,7 +7130,7 @@ established by these regulations, but they will contribute substantially to the preservation and enhancement of Choteau's special character and qualities. (Ord. 304, 4-10-2012) 9-4-2: LANDSCAPING STANDARDS: -   (A)   Purpose And Intent: This section sets forth the standards and policies +   1. Purpose And Intent: This section sets forth the standards and policies for the design, planting, and maintenance of all required landscape areas within the City of Choteau. The planting of trees and other landscape materials serves to preserve and stabilize property values and enhance the built @@ -7198,7 +7141,7 @@ oxygen, dust filtration, carbon dioxide uptake, providing habitat for urban wildlife, and contributing to the aesthetic and economic value of real property. Landscape areas that are specially designed to act as drainage retention and snow storage areas are encouraged by the City of Choteau. -   (B)   Applicability: The standards set forth herein apply to all required +   2. Applicability: The standards set forth herein apply to all required landscaped areas within the City of Choteau. Area required to be landscaped is set by each zoning district as a "landscape ratio", or LSR. In addition to the required landscape area, each property owner must also landscape and maintain @@ -7208,7 +7151,7 @@ and two-family residential properties and parking areas with four (4) or fewer spaces are not subject to the landscape standards contained in this section, but are required to provide landscaped areas as required by other applicable sections of this Code. -   (C)   Landscape Plan Required: For each development where landscaping is +   3. Landscape Plan Required: For each development where landscaping is required under this Code, a landscape plan shall be submitted as part of the application for a zoning permit. Landscaping that meets the standards of this section, as well as the applicable zoning district, is required for all new @@ -7226,7 +7169,7 @@ IMAGES/0-0-0-1279.gif] Typical planting detail for a multistem tree or shrub. This particular detail does not include soil amendment, but soil amendment is recommended for the Choteau area. -   (D)   Nonconforming Properties: Properties that do not meet the landscape +   4. Nonconforming Properties: Properties that do not meet the landscape standards set forth in this title, but which were legally developed prior to the effective date of this title, may continue as legally nonconforming properties. However, additional landscaping toward meeting the standards of @@ -7274,31 +7217,31 @@ Except for specimen trees, the quantities of plant materials are guidelines, and varying of these guidelines to accommodate the unique features of a development site is encouraged. However, specimen trees are required as set forth below: -         (a)   One specimen tree. No more than seventy five percent (75%) of +         1. One specimen tree. No more than seventy five percent (75%) of the required specimen trees shall be either conifer or deciduous. -         (b)   Two (2) ornamental trees. -         (c)   Three (3) large shrubs/multistems. -         (d)   Ground cover and/or turf as appropriate. +         2. Two (2) ornamental trees. +         3. Three (3) large shrubs/multistems. +         4. Ground cover and/or turf as appropriate.       2.   Planting Strips: When landscape areas consist of strips no less than six feet (6') and no more than twelve feet (12') in width (such as in setbacks and adjacent to parking areas), the standards set forth in this subsection shall be applied. Because planting strips have their own set of unique standards, their area may be subtracted from the landscape area that is subject to the general guidelines and standards above. -         (a)   One specimen tree for each forty (40) linear feet of strip. +         1. One specimen tree for each forty (40) linear feet of strip. Trees may be either deciduous or coniferous as appropriate for the application. Trees need not be uniformly spaced, but may be grouped to present a more natural looking landscape. -         (b)   One ornamental tree for each twenty five (25) linear feet. +         2. One ornamental tree for each twenty five (25) linear feet. Ornamentals may also be grouped or clustered for a more natural look. -         (c)   Adjacent to parking areas, car height screening is required. One +         3. Adjacent to parking areas, car height screening is required. One shrub or multistem for each ten (10) linear feet shall be provided, and may be clustered for a natural affect. Bark or mulch may be used for the shrub bed. For strips in side or rear setbacks that do not screen parking, shrubs are not required.       3.   Parking Lot Landscaping: This term refers to landscaping within the parking area itself. -         (a)   Landscape Islands: Landscape islands shall be provided at least +         1. Landscape Islands: Landscape islands shall be provided at least every ten (10) parking spaces (20 spaces for a head to head arrangement). Islands shall be the approximate length of the adjacent parking space(s) and shall be at least eight feet (8') in width. At least one deciduous specimen @@ -7307,7 +7250,7 @@ specimen tree should be selected so that it does not cause a visibility hazard to motorists as they maneuver in the parking area. Four (4) shrubs not to exceed three and one-half feet (31/2') in height as measured from the driving surface are also required in each island. -         (b)   Landscape Strips (Between Parking Rows): The use of landscape +         2. Landscape Strips (Between Parking Rows): The use of landscape strips that separate two (2) rows of parking spaces is discouraged.    (H)   Installation, Phasing, And Surety: Generally, landscaping shall be installed prior to issuance of a certificate of occupancy (CO). If no CO is @@ -7340,24 +7283,24 @@ Property maintenance standards are intended to protect neighborhood quality, character, and property values by eliminating public health, safety, and nuisance issues associated with the accumulation of junk, debris, and the substandard maintenance of buildings and structures. -   (A)   Inoperable Vehicles And Parts: Inoperable vehicles or parts of +   1. Inoperable Vehicles And Parts: Inoperable vehicles or parts of vehicles, including, but not limited to, auto and truck bodies, boats, trailers, motorcycles, snowmobiles, RVs, engines, tires, rims, transmissions, etc., may not be stored openly, except that when a vehicle is actively being restored or repaired, the vehicle itself may be stored outdoors for no more than thirty (30) days. -   (B)   Trash And Debris: No trash or debris shall be allowed to accumulate on +   2. Trash And Debris: No trash or debris shall be allowed to accumulate on properties, including, but not necessarily limited to, garbage, rubbish, ashes, yard and garden waste, tree trimmings, packaging, broken concrete or asphalt, furniture, appliances, scrap wood, demolition waste, building materials, etc. -   (C)   Organic Waste: Accumulation of organic waste is expressly prohibited, +   3. Organic Waste: Accumulation of organic waste is expressly prohibited, and such wastes must be disposed of immediately. Organic waste includes, but is not necessarily limited to, septic tank pumpage, sludge, sewage of any kind, waste food items, dead animals and animal parts of any kind, manure, etc. Compost bins are allowed provided that they are restricted to side and rear yard areas, odors are undetectable from adjacent properties, and that they do not attract wildlife. -   (D)   Building Condition And Maintenance: All buildings and structures shall +   4. Building Condition And Maintenance: All buildings and structures shall be kept in a sound and livable condition and properly maintained, including siding, roofing, paint or stain, decks, porches, balconies, and windows, including screens and sashes. Structures are not permitted to remain in an @@ -7373,7 +7316,7 @@ residential property. Typically, it is a business operated from a home with part of the floor area of the residential unit and/or an accessory structure devoted to the business. This zoning code recognizes two (2) types of home based businesses: home occupations and cottage industries. -   (A)   Home Occupations: The following standards and conditions apply to home +   1. Home Occupations: The following standards and conditions apply to home occupations:       1.   Home occupations are conducted entirely within the primary dwelling unit and/or in an attached garage, provided that at least the minimum number of @@ -7413,7 +7356,7 @@ voltage off premises.       10.   Home occupations that meet the standards of this subsection may operate as permitted uses in all residential districts. A business license from the city of Choteau may be required. -   (B)   Cottage Industries: The following standards and conditions apply to +   2. Cottage Industries: The following standards and conditions apply to cottage industries:       1.   Cottage industries may be conducted by any member(s) of the household or residents of any ARU on the subject property. In addition, up to @@ -7470,40 +7413,40 @@ regulations. (Ord. 304, 4-10-2012) For residential structures in the A and B residential zoning districts only, the applicant has the option of using the front setback prescribed for the applicable district, or, the prevailing setback provision may be used as set -forth in this section: -   (A)   In lieu of the prescribed front setback, the applicant may reduce the +forth in this **SECTION**: +   1. In lieu of the prescribed front setback, the applicant may reduce the required setback by using the mean setback of the four (4) closest dwellings on the same side of the street. -   (B)   The applicant is responsible for obtaining accurate measurements of +   2. The applicant is responsible for obtaining accurate measurements of the four (4) nearest residential structures and presenting them to the administrator along with the application for a zoning permit. -   (C)   The applicant may use any dimension between the prescribed front +   3. The applicant may use any dimension between the prescribed front setback and the mean of the four (4) nearest dwelling units. (Example: Prescribed front setback is 16 feet. The mean front setback of the 4 nearest dwelling units is 10 feet. The applicant may use any dimension between 10 feet and 16 feet for the front setback.) -   (D)   Where a maximum front setback is specified, it may not be varied +   4. Where a maximum front setback is specified, it may not be varied through this process. (Ord. 304, 4-10-2012) 9-4-6: STRUCTURAL HEIGHT MEASUREMENT: The "height of a structure" is defined as the distance from the highest point of a roof to the nearest point of finished or natural grade, whichever one is applicable. Structural height is further determined as follows: -   (A)   Highest Point Of A Structure: The highest point of a structure is the +   1. Highest Point Of A Structure: The highest point of a structure is the top of the highest roof pitch for a hip or gabled roof, or top of parapet for a flat roof not including any mechanical structures. Steeples, chimneys, antennas, receiving dishes, etc., are not subject to limitations of structural height, except cell towers which are limited to fifty feet (50') in height. -   (B)   Finished Grade: Finished grade shall be construed as the grade at the +   2. Finished Grade: Finished grade shall be construed as the grade at the base or foundation of a structure necessary to achieve positive drainage away from the structure only. Soil, fill, or other material may not be bermed against a structure to circumvent height limits. -   (C)   Natural Grade: Natural grade shall be construed as meaning that the +   3. Natural Grade: Natural grade shall be construed as meaning that the natural slope and topography of the land need little or no modification to site the structure. Where the nearest two (2) points to natural grade are at different grades (such as a house that takes up grade through the structure), the heights measured may be averaged. (Ord. 304, 4-10-2012) 9-4-7: SETBACK MEASUREMENTS AND ALLOWABLE ENCROACHMENTS: -   (A)   Front Setbacks: A required front setback is measured at a right angle +   1. Front Setbacks: A required front setback is measured at a right angle (90 degrees) from the front property line to the nearest of the following two (2) points on the structure:       1.   The foundation wall of the principal structure, or @@ -7518,12 +7461,12 @@ without special authorization from the holder of said right of way. Eaves may encroach up to two feet (2'). Porches and decks not exceeding sixteen (16) square feet in total area may encroach up to four feet (4'). -   (B)   Side Setbacks: A required side setback is measured at a right angle +   2. Side Setbacks: A required side setback is measured at a right angle (90 degrees) from the side lot line to the nearest point of the foundation wall. Chimneys, eaves, bay windows no more than eight feet (8') in total length, and garden windows may encroach no more than two feet (2') into the required side setback. -   (C)   Rear Setback: A required rear setback is measured at a right angle +   3. Rear Setback: A required rear setback is measured at a right angle from the rear setback line to the nearest point on the foundation wall. Eaves may encroach no more than two feet (2') and a deck or porch of no more than sixteen (16) square feet total area may encroach no more than four feet (4'). @@ -7535,7 +7478,7 @@ visible from off site. This includes all light sources including freestanding luminaires, building mounted lighting, and canopy lighting. (Ord. 304, 4-10- 2012) 9-4-9: OFF STREET PARKING STANDARDS: -   (A)   Purpose: The purpose of these standards is to provide functional +   1. Purpose: The purpose of these standards is to provide functional parking areas with safe and efficient circulation patterns that are adequate to meet the needs of users while avoiding the negative environmental and urban design impacts that can result from parking lots and other vehicular use areas. @@ -7546,7 +7489,7 @@ reducing stormwater runoff; improving air quality through dust abatement encouraging infill development, and providing flexible methods to respond to the transportation and access demands of various land uses in different areas of the community. -   (B)   Applicability: Generally, the standards set forth herein apply only to +   2. Applicability: Generally, the standards set forth herein apply only to new construction, new expansions of existing building or land uses, and changes of land use that result in greater parking requirements.       1.   Unless otherwise expressly stated, the parking standards of this @@ -7560,12 +7503,12 @@ enlarged or expanded area, or in the case of a land use change, only the difference in spaces required between the old and new use. There is no requirement to address lawfully existing parking deficits unless the site is completely redeveloped. -   (C)   Exemptions: As set forth in subsection +   3. Exemptions: As set forth in subsection 9-3-7(G) of this title, within the central business district (CB), all lodging, governmental facilities, and residential development must provide parking according to the standards set forth in this section. All other uses in the CB are exempt from off street parking requirements. -   (D)   Calculation Of Space Requirements: +   4. Calculation Of Space Requirements:       1.   Floor Area: When parking space requirements are based on floor area, the entire gross floor area in square feet must be calculated.       2.   Fractions: When calculations of the required number of spaces @@ -7582,37 +7525,37 @@ relevant data and other evidence, request a reduction in the total parking requirement from the administrator.    (E)   General Requirements:       1.   Location Of Parking Spaces And Access: -         (a)   All required parking spaces shall be on the same lot or an +         1. All required parking spaces shall be on the same lot or an adjoining lot under the same ownership or lease with the principal building(s) that the parking serves. -         (b)   In the A and B residential and BR zoning districts, parking is +         2. In the A and B residential and BR zoning districts, parking is prohibited in front and street side setbacks except that parking spaces may be located in front of a garage or carport that is located outside of required building setbacks. No more than forty percent (40%) of the front yard area in a residential district may be paved or used for the parking or storage of vehicles. On corner parcels, not more than twenty percent (20%) of the street side yard area may be paved or devoted to parking or other vehicle use. -         (c)   In nonresidential districts, parking is permitted in all +         3. In nonresidential districts, parking is permitted in all setbacks provided it complies with standards for screening and landscaping. In no case shall a parking space be located such that it allows a vehicle to park across an external property line. -         (d)   Except for one- and two-family dwellings, no parking area shall +         4. Except for one- and two-family dwellings, no parking area shall be designed and constructed such that vehicles are permitted to back into a street.       2.   Surface Material: All parking and drive areas within the city of Choteau shall be surfaced with asphalt, concrete, or similar material, with an adequate subsurface base to produce a long lasting, durable, weatherproof surface. Exceptions to this standard are: -         (a)   One- and two-family residential development, provided that all +         1. One- and two-family residential development, provided that all surfaces are kept dust free. -         (b)   Any parking or drive area that is accessed from an unpaved alley +         2. Any parking or drive area that is accessed from an unpaved alley or street. -         (c)   At the discretion of the administrator, spillover parking or +         3. At the discretion of the administrator, spillover parking or other parking that is not used on a regular and/or frequent basis may be treated with "turf block", "grasscrete", or similar products that allow grass or ground cover to grow in spaces between the structure of the product while still supporting the weight of vehicles. -         (d)   Emergency access across open space or landscaped areas may be +         4. Emergency access across open space or landscaped areas may be treated with products described in subsection (E)2(c) of this section, subject to approval of the administrator and local fire department.       3.   Lighting: For parking areas of eight (8) or more spaces, lighting of @@ -7624,13 +7567,13 @@ landscaped area, or a wall, curb stops are required.       5.   Maintenance And Use: The maintenance of all parking and drive areas is the responsibility of the property owner. The following maintenance and use standards apply to required off street parking: -         (a)   Required off street parking areas must be used solely for the +         1. Required off street parking areas must be used solely for the temporary parking of licensed motor vehicles in operating condition. -         (b)   Required off street parking spaces may not be used for the +         2. Required off street parking spaces may not be used for the display of goods for sale or lease. -         (c)   Required off street parking may not be used for open storage, +         3. Required off street parking may not be used for open storage, storage of building materials, or storage of inoperable vehicles. -         (d)   Off street parking spaces must be maintained to be free of +         4. Off street parking spaces must be maintained to be free of potholes, trash, debris, dirt, and dust.          (e)   No commercial motor vehicle repair work of any kind is permitted in a required parking space. @@ -7752,7 +7695,7 @@ degree (45°) parking spaces (angle from the aisle) shall be at least ten feet fifteen feet (15') in width and a two- way aisle shall be not less than twenty two feet (22') wide. (Ord. 304, 4-10-2012) 9-4-10: DESIGN STANDARDS: -   (A)   Residential Design Standards: +   1. Residential Design Standards:       1.   Orientation: Each primary single-family detached residence shall have a main entry facing the street from which the structure is addressed and draws its legal access. @@ -7767,7 +7710,7 @@ are preferred materials.       4.   Covered Entryways: The main entryway to a residential structure shall be shielded by a canopy, eave, or similar structure that extends from the exterior wall not less than four feet (4'). -   (B)   CB Design Standards And Guidelines: +   2. CB Design Standards And Guidelines:       1.   Purpose: The purpose of this subsection is to set forth basic design standards for certain specific elements of downtown Choteau's built environment. These standards are intended to protect the downtown's unique @@ -7838,7 +7781,7 @@ provided that no glare is cast onto the sidewalk area. Flashing or strobe type lighting is prohibited.       9.   Fencing: Chainlink and other types of metal fencing shall not be visible from the street or sidewalk. -   (C)   BR Design Standards And Guidelines: +   3. BR Design Standards And Guidelines:       1.   Purpose: The purpose of this subsection is to set forth basic design standards for certain specific elements of the business residential transition area that lies between the CB and Choteau's traditional residential @@ -7885,7 +7828,7 @@ spaces. Direct glare visible from the public way and trespass lighting onto adjacent properties are prohibited.       7.   Fencing: Chainlink and other types of metal fencing (except for wrought iron) shall not be visible from the adjacent street or sidewalk. -   (D)   HB Design Standards And Guidelines: +   4. HB Design Standards And Guidelines:       1.   Purpose: The purpose of this subsection is to set forth basic design standards for certain specific elements of the highway business areas of Choteau that lie mostly on the fringes of town and generally encompass the @@ -7902,10 +7845,10 @@ standard is considered a guideline and is voluntary. These standards and guidelines apply to the highway business zoning district only.       2.   Exterior Building Materials: A wide variety of exterior materials is acceptable for use in HB, including, but not necessarily limited to: -         (a)   Stone, including synthetic stone. -         (b)   Wood, both natural and woodgrain hardboard products. -         (c)   Concrete and cinder block, provided it is painted. -         (d)   Split face masonry. +         1. Stone, including synthetic stone. +         2. Wood, both natural and woodgrain hardboard products. +         3. Concrete and cinder block, provided it is painted. +         4. Split face masonry.          (e)   Stucco/Dryvit finishes.          (f)   Metal that is painted or otherwise coated. Unfinished metal or galvanized finishes are not acceptable, and Quonset style buildings are not @@ -7942,20 +7885,20 @@ visible from the adjacent street or sidewalk. (Ord. 304, 4-10-2012) 9-4-11: FENCING STANDARDS: Fences and retaining walls are allowed as accessory structures in all zoning districts, subject to zoning permits. The following standards must be met: -   (A)   Fencing: +   1. Fencing:       1.   Height; Materials: In all residential districts, in residential PUDs, and in the BR district, no fence, hedge, or freestanding wall (not part of a building) located within or bounding a required front setback, may exceed forty two inches (42") in height. Fencing other than in the front setback shall not exceed six feet (6') in height. Allowable fencing materials and designs include: -         (a)   Wood or vinyl (including PVC) picket or rail fencing. -         (b)   Within required front setbacks, wood or vinyl board fencing must +         1. Wood or vinyl (including PVC) picket or rail fencing. +         2. Within required front setbacks, wood or vinyl board fencing must maintain a minimum space of one inch (1") between boards. Wood and vinyl board fencing elsewhere may be one hundred percent (100%) sight obscuring. -         (c)   Wood or vinyl board on board fencing provided that boards on +         3. Wood or vinyl board on board fencing provided that boards on opposite sides of stringers do not overlap. -         (d)   Chainlink and woven metal fencing. +         4. Chainlink and woven metal fencing.          (e)   Other similar materials and designs as approved by the administrator.       2.   Institutional Security Fencing: Open security fencing up to six feet @@ -7963,7 +7906,7 @@ administrator. facilities, and other public and quasi- public institutions when necessary for the safety or restraint of the occupants thereof, without regard to the setbacks specified in subsection (A)1 of this section. -      3.   Obstruction At Intersection: No portion of any fence shall pose a +      3.   Obstruction At Inter**SECTION**: No portion of any fence shall pose a visual obstruction at any street intersection. See section 9-4-14, "Corner Visibility", of this chapter for standards.       4.   Ornamental Pedestrian Entries: Ornamental pedestrian entries, such @@ -7986,13 +7929,13 @@ Friendly Fences: How To Build Fence With Wildlife In Mind" are followed.       9.   Fences In Excess Of Six Feet: Any fence, or any portion of a fence such as entryways and arbors, that exceeds six feet (6') in height, is subject to a building permit. -   (B)   Retaining Walls: Retaining walls over four feet (4') in height require +   2. Retaining Walls: Retaining walls over four feet (4') in height require a building permit. (Ord. 304, 4-10-2012) 9-4-12: USE OF LAND: No use of land shall be permitted or allowed within the City of Choteau that is in violation of Federal, State or local law. (Ord. 314, 8-22-2017) 9-4-13: NONCONFORMING LOTS OF RECORD, LAND USES, AND STRUCTURES: -   (A)   Status Of Nonconformities: The adoption of the Choteau Zoning Code +   1. Status Of Nonconformities: The adoption of the Choteau Zoning Code will mean that some lots, land uses, and structures that may have conformed to the prior Code will not conform to the provisions and standards set forth in this Code. This section provides the standards and requirements by which legal @@ -8014,7 +7957,7 @@ these regulations. nonconforming structures as well as nonconforming uses of land, may be transferred to heirs and assigns in a manner similar to any conforming lot, structure, or use. -   (B)   Nonconforming Lots: +   2. Nonconforming Lots:       1.   Legal lots of record that previously existed on the effective date of these regulations that do not conform to these regulations due to lot area, width, or other dimensional standard, may continue to exist as legally @@ -8025,7 +7968,7 @@ district.       3.   Nonconforming lots are subject to all standards of the applicable zoning district, including setbacks, floor area ratios, landscape ratios, and structural height limits. -   (C)   Nonconforming Land Uses: +   3. Nonconforming Land Uses:       1.   Any land use that previously existed on the effective date of these regulations, conformed to the prior regulations, but does not conform to these regulations, may continue to exist as a legally nonconforming land use. @@ -8041,7 +7984,7 @@ case of nonresidential uses in the B Residential District, any subsequent use of the subject property and/or structure shall conform to these regulations.       5.   No additional structure not conforming to these regulations shall be erected in connection with such nonconforming use of land or structures. -   (D)   Nonconforming Structures: +   4. Nonconforming Structures:       1.   Any structure that previously existed on the effective date of these regulations, which conformed to the prior regulations, but does not conform to these regulations in terms of height, setbacks, floor area ratio, landscape @@ -8073,7 +8016,7 @@ this section. the B Residential Zoning District may only be replaced by a Class A or B manufactured home or a site built dwelling unit. (Ord. 304, 4-10-2012) 9-4-14: CORNER VISIBILITY: -   (A)   Corner Visibility Triangle: Every street intersection shall have +   1. Corner Visibility Triangle: Every street intersection shall have associated with it a corner visibility triangle. This area shall be created by extending the curb lines (or edge of pavement where there are no curbs) to an imaginary point in the street where the lines intersect. From that point, @@ -8081,39 +8024,39 @@ thirty feet (30') is measured back along each line, then a line across both ends is drawn to close the triangle. In most cases, this triangular area will include both public right-of-way and private property adjacent to the right-of- way. -   (B)   Visibility Standards: Within the corner visibility triangle, there +   2. Visibility Standards: Within the corner visibility triangle, there shall be no continuous obstructions between the heights of thirty inches (30") and ten feet (10'), as measured from the adjacent road surface. This includes landscaping, fencing, and structures of all kinds. -   (C)   Applicability: This standard applies to streets of all functional +   3. Applicability: This standard applies to streets of all functional classifications, but does not apply to intersections of a street and an alley. (Ord. 304, 4-10-2012) 9-4-15: MAJOR RECREATIONAL EQUIPMENT: -   (A)   Parking And Storage: Major recreational equipment shall not be parked +   1. Parking And Storage: Major recreational equipment shall not be parked or stored in any required front or side yard other than a driveway that provides direct access from the street to a garage or carport. However, major recreational equipment may be parked anywhere on residential property for the purpose of loading or unloading for a period not to exceed twenty four (24) hours. Major recreational equipment may be parked or stored in bona fide commercial storage facilities that meet the standards of these regulations. -   (B)   Use As Living Or Sleeping Quarters: Major recreational equipment shall +   2. Use As Living Or Sleeping Quarters: Major recreational equipment shall not be used for sleeping, living, housekeeping, or any commercial purpose (including home based business) when parked or stored on property within a residential zoning district. Use of major recreational equipment as an ARU or as guest quarters is expressly prohibited. (Ord. 304, 4-10-2012) CHAPTER 5 DEFINITIONS -SECTION: +**SECTION**: 9-5-1: Interpretation Of Commonly Used Terms And Words 9-5-2: Definitions Of Terms And Words 9-5-1: INTERPRETATION OF COMMONLY USED TERMS AND WORDS: -   (A)   Words used in the present tense include the future tense. -   (B)   Words used in the singular include the plural, and words used in the +   1. Words used in the present tense include the future tense. +   2. Words used in the singular include the plural, and words used in the plural include the singular unless the natural construction of the wording indicates otherwise. -   (C)   The words "used for" shall include the meaning and application of +   3. The words "used for" shall include the meaning and application of "designed for". -   (D)   The word "shall" is always mandatory. +   4. The word "shall" is always mandatory.    (E)   The word "encouraged" is directory, and is used to express an intent, although not necessarily a requirement.    (F)   Where there appears to be a conflict between the content of the text @@ -8196,15 +8139,15 @@ CHILDCARE: See definition of Daycare. CHURCH: See definition of Religious Institution. COMMUNITY RESIDENTIAL FACILITY: This term is defined by section 76-2-411, Montana Code Annotated: -   (A)   A community group home for developmentally, mentally, or severely +   1. A community group home for developmentally, mentally, or severely disabled persons that does not provide skilled or intermediate nursing care; -   (B)   A youth foster home, a kinship foster home, a youth shelter care +   2. A youth foster home, a kinship foster home, a youth shelter care facility, a transitional living program, or youth group home as defined in section 52-2-602 Montana Code Annotated; -   (C)   A halfway house operated in accordance with regulations of the +   3. A halfway house operated in accordance with regulations of the department of public health and human services for the rehabilitation of alcoholics or drug dependent persons; -   (D)   A licensed adult foster family care home; or +   4. A licensed adult foster family care home; or    (E)   An assisted living facility licensed under section 50-5-227 Montana Code Annotated. CONDITIONAL USE: A use of land or structures allowed within a zoning district @@ -8324,10 +8267,10 @@ KENNEL, BREEDING: The keeping, breeding, raising, showing, or training of four enjoyment of the owner or occupant, or for compensation. LANDSCAPE PLAN: A scaled drawing of a lot or site that depicts areas to be landscaped, and on which is shown some or all of the following: -   (A)   Proposed tree and plant species. -   (B)   Number of each species to be planted and installed size. -   (C)   Methods of protecting existing vegetation during construction. -   (D)   Proposed treatments of hard and soft surfaces. +   1. Proposed tree and plant species. +   2. Number of each species to be planted and installed size. +   3. Methods of protecting existing vegetation during construction. +   4. Proposed treatments of hard and soft surfaces.    (E)   Proposed decorative features (if applicable).    (F)   Grading plan (if applicable).    (G)   Buffers and screening devices. @@ -8383,13 +8326,13 @@ MANUFACTURED HOME, CLASS A: Single-family housing built off site on a chassis, or otherwise designed and constructed to be transported to a site for installation and use when connected to required utilities. In addition, class A manufactured homes meet the following standards: -   (A)   Constructed after January 1, 1990, and certified as meeting the mobile +   1. Constructed after January 1, 1990, and certified as meeting the mobile home construction standards of the U.S. department of housing and urban development. -   (B)   Is at least twenty feet (20') in width at its narrowest point. -   (C)   Has a roof pitch not less than four to twelve (4:12) and eaves not +   2. Is at least twenty feet (20') in width at its narrowest point. +   3. Has a roof pitch not less than four to twelve (4:12) and eaves not less than twelve inches (12"), not counting any gutter. -   (D)   Utilizes roofing materials which are generally acceptable for site +   4. Utilizes roofing materials which are generally acceptable for site built housing. Roofing materials must have the appearance of a shake, shingle, or tile roof.    (E)   Siding material which has the appearance of wood, masonry, or @@ -8547,7 +8490,7 @@ TITLE 10 TRAFFIC CHAPTER 1 DEFINITIONS -SECTION: +**SECTION**: 10-1-1: Definitions 10-1-1: DEFINITIONS: The following words and phrases when used in this title shall for the purpose @@ -8587,7 +8530,7 @@ vehicles during the loading or unloading of passengers or materials. DRIVER: Every person who drives or is in actual physical control of a vehicle. FREIGHT CURB LOADING ZONE: A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight. -INTERSECTION: The area embraced within the prolongation or connection of the +INTER**SECTION**: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different @@ -8669,7 +8612,7 @@ transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (1967 Code) CHAPTER 2 TRAFFIC ADMINISTRATION -SECTION: +**SECTION**: 10-2-1: Police Administration 10-2-2: Records Of Traffic Violations 10-2-3: Police Department To Investigate Accidents @@ -8685,28 +8628,28 @@ administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said department by this chapter and the traffic ordinances of this city. (1967 Code) 10-2-2: RECORDS OF TRAFFIC VIOLATIONS: -   (A)   The police department shall keep a record of all violations of the +   1. The police department shall keep a record of all violations of the traffic provisions of this code or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each said record shall accumulate during at least a five (5) year period and from that time on the record shall be maintained complete for at least the most recent five (5) year period. -   (B)   All forms for records of violations and notices of violations shall be +   2. All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms. -   (C)   All such records and reports shall be public records. (1967 Code) +   3. All such records and reports shall be public records. (1967 Code) 10-2-3: POLICE DEPARTMENT TO INVESTIGATE ACCIDENTS: It shall be the duty of the chief of police and members of the police department to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of laws causing or contributing to such accidents. (1967 Code) 10-2-4: DRIVER'S FILES TO BE MAINTAINED: -   (A)   The police department shall maintain a suitable record of all traffic +   1. The police department shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions, and complaints reported for each driver which shall be filed alphabetically under the name of the driver concerned. -   (B)   Said department shall study the cases of all drivers charged with +   2. Said department shall study the cases of all drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident and shall attempt to discover the reasons therefor, and shall take whatever steps are lawful and reasonable to @@ -8716,21 +8659,21 @@ prevent the same or to have the licenses of such persons suspended or revoked. The chief of police shall annually prepare a traffic report which shall be filed with the council. Such report shall contain information on traffic matters in this city as follows: -   (A)   The number of traffic accidents, the number of persons killed, the +   1. The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data. -   (B)   The number of traffic accidents investigated and other pertinent data +   2. The number of traffic accidents investigated and other pertinent data on the safety activities of the police. -   (C)   The plans and recommendations of the police department for future +   3. The plans and recommendations of the police department for future traffic safety provisions. (1967 Code) 10-2-6: NECESSARY, EMERGENCY AND EXPERIMENTAL REGULATIONS: -   (A)   The chief of police, with the approval of the council, is hereby +   1. The chief of police, with the approval of the council, is hereby empowered to make and enforce regulations necessary to make effective the provisions of the traffic code of this city. -   (B)   The chief of police may test traffic control devices under actual +   2. The chief of police may test traffic control devices under actual conditions of traffic. (1967 Code) CHAPTER 3 ENFORCEMENT -SECTION: +**SECTION**: 10-3-1: Authority Of Police And Fire Department Officials 10-3-2: Required Obedience To Traffic Code 10-3-3: Obedience To Police And Fire Department Officials @@ -8783,12 +8726,12 @@ city, and it shall be unlawful for any said driver to violate any of the provisions of this code, except as otherwise permitted in this code by state statute. (1967 Code) 10-3-7: AUTHORIZED EMERGENCY VEHICLES: -   (A)   The driver of an authorized emergency vehicle, when responding to an +   1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. -   (B)   The driver of an authorized emergency vehicle may: +   2. The driver of an authorized emergency vehicle may:       1.   Park or stand, irrespective of the provisions of this code;       2.   Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; @@ -8796,7 +8739,7 @@ slowing down as may be necessary for safe operation; life or property;       4.   Disregard regulations governing direction of movement or turning in specified directions. -   (C)   The exemptions herein granted to an authorized emergency vehicle shall +   3. The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of any said vehicle while in motion sounds audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red @@ -8804,12 +8747,12 @@ light visible under normal atmospheric conditions from a distance of five hundred feet (500') to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. -   (D)   The foregoing provisions shall not relieve the driver of an authorized +   4. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (1967 Code) 10-3-8: APPROACHING AUTHORIZED EMERGENCY VEHICLES: -   (A)   Upon the immediate approach of an authorized emergency vehicle +   1. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet (500') to the front of such vehicle other than a police vehicle when operated as an @@ -8820,7 +8763,7 @@ shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. -   (B)   This section shall not operate to relieve the driver of an authorized +   2. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (1967 Code) 10-3-9: IMMEDIATE NOTICE OF ACCIDENT: @@ -8837,12 +8780,12 @@ days after such accident, forward a written report of such accident to the police department, or a copy of any report he is required to forward to the state. (1967 Code) 10-3-11: DRIVER UNABLE TO REPORT: -   (A)   Whenever the driver of a vehicle is physically incapable of giving +   1. Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in section 10-3-9 of this chapter, and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver. -   (B)   Whenever the driver is physically incapable of making a written report +   2. Whenever the driver is physically incapable of making a written report of an accident as required in section 10-3-10 of this chapter, and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five (5) days @@ -8866,7 +8809,7 @@ department solely to prove a compliance or a failure to comply with the requirements that such a report be made to the department. (1967 Code) CHAPTER 4 TRAFFIC CONTROL DEVICES -SECTION: +**SECTION**: 10-4-1: Authority To Install Devices 10-4-2: Specifications 10-4-3: Obedience To Traffic Control Devices @@ -8912,7 +8855,7 @@ Whenever traffic is controlled by traffic control signals exhibiting the words one at a time, or with arrows, the following colors only shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows: -   (A)   Green alone or "Go": +   1. Green alone or "Go":       1.   Vehicular traffic facing the signal, except when prohibited by this chapter, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including @@ -8921,7 +8864,7 @@ and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.       2.   Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk. -   (B)   Yellow alone or "Caution" when shown following the green or "Go" +   2. Yellow alone or "Caution" when shown following the green or "Go" signal:       1.   Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter and such vehicular @@ -8929,14 +8872,14 @@ traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited.       2.   No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone. -   (C)   Red alone or "Stop": +   3. Red alone or "Stop":       1.   Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone.       2.   No pedestrian facing such signal shall enter the roadway until the green or "Go" is shown alone. -   (D)   In the event an official traffic control signal is erected and +   4. In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking @@ -8945,10 +8888,10 @@ any such sign or marking the stop shall be made at the signal. (1967 Code) 10-4-6: PEDESTRIAN CONTROL SIGNALS: Whenever special pedestrian control signals exhibiting the words "Walk" or "Wait" or "Don't Walk" are in place, such signals shall indicate as follows: -   (A)   Walk: Pedestrians facing such signal may proceed across the roadway in +   1. Walk: Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles. -   (B)   Wait Or Don't Walk: No pedestrian shall start to cross the roadway in +   2. Wait Or Don't Walk: No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety zone while the wait signal is showing. (1967 Code) @@ -8966,19 +8909,19 @@ When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. (1967 Code) 10-4-10: UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS: -   (A)   No person shall place, maintain or display upon or in view of any +   1. No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. -   (B)   No person shall place or maintain nor shall any public authority +   2. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. -   (C)   This section shall not be deemed to prohibit the erection upon private +   3. This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. -   (D)   Every such prohibited sign, signal, or marking is hereby declared to +   4. Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the chief of police of this city is hereby empowered to remove the same or cause it to be removed without notice. (1967 Code) 10-4-11: INTERFERENCE PROHIBITED: @@ -8988,22 +8931,22 @@ railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (1967 Code) 10-4-12: DUTY OF CHIEF OF POLICE: The chief of police, with the approval of the council, is hereby authorized: -   (A)   To designate and maintain, by appropriate devices, marks, or lines +   1. To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. -   (B)   To mark lanes for traffic on street pavements at such places as he may +   2. To mark lanes for traffic on street pavements at such places as he may deem advisable. -   (C)   To mark off individual parking spaces to be designated by lines +   3. To mark off individual parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street; at each space so marked off it shall be unlawful to park any vehicles in such a way that said vehicle shall not be entirely within the limits of the space so designated. -   (D)   To establish safety zones of such kind and character and at such +   4. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. (1967 Code) CHAPTER 5 PLAY STREETS -SECTION: +**SECTION**: 10-5-1: Authority To Establish Play Streets 10-5-2: Play Streets Designated 10-5-1: AUTHORITY TO ESTABLISH PLAY STREETS: @@ -9019,57 +8962,57 @@ within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof. (1967 Code) CHAPTER 6 SPEED REGULATIONS -SECTION: +**SECTION**: 10-6-1: Restrictions As To Speed 10-6-2: Speed Limits; Highways 10-6-1: RESTRICTIONS AS TO SPEED: -   (A)   Reasonable Speed: Subject to the speed limits set forth in subsections +   1. Reasonable Speed: Subject to the speed limits set forth in subsections (B) and (D) of this section, a person shall operate a motor vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at the point of operation, taking into account the amount and character of traffic, visibility, weather, and roadway conditions. -   (B)   Speed Limit Schedule: No person shall drive a motor vehicle at a speed +   2. Speed Limit Schedule: No person shall drive a motor vehicle at a speed greater than the speed set forth in the following schedule on the streets or parts of streets as follows:       1.   Fifteen (15) miles per hour twenty four (24) hours a day, every day of the year, on the four (4) contiguous streets of the Choteau school property that intersect with each other identified as follows: -         (a)   Seventh Avenue N.W. between First Street N.W. and Third Street +         1. Seventh Avenue N.W. between First Street N.W. and Third Street N.W.; and -         (b)   Tenth Avenue N.W. between First Street N.W. and Third Street +         2. Tenth Avenue N.W. between First Street N.W. and Third Street N.W.; and -         (c)   First Street N.W. between Seventh Avenue N.W. and Tenth Avenue +         3. First Street N.W. between Seventh Avenue N.W. and Tenth Avenue N.W.; and -         (d)   Third Street N.W. between Seventh Avenue N.W. and Tenth Avenue +         4. Third Street N.W. between Seventh Avenue N.W. and Tenth Avenue N.W.       2.   Fifteen (15) miles per hour twenty four (24) hours a day, every day of the year, on the contiguous street and avenue of the Choteau minipark property that intersect with each other identified as follows: -         (a)   Between the two (2) posted fifteen (15) miles per hour signs +         1. Between the two (2) posted fifteen (15) miles per hour signs located on Third Street S.W. between First Avenue S.W. and Third Avenue S.W., each said sign located approximately one hundred fifty feet (150') from the nearest property line of said minipark; and -         (b)   Between the two (2) posted fifteen (15) miles per hour signs +         2. Between the two (2) posted fifteen (15) miles per hour signs located on Second Avenue S.W. between Second Street S.W. and Fifth Street S.W., each said sign located approximately one hundred fifty feet (150') from the nearest property line of said minipark.       3.   Fifteen (15) miles per hour twenty four (24) hours a day, every day of the year, on the contiguous streets and avenues surrounding the Choteau Baseball Complex identified as follows: -         (a)   Beginning at the intersection of Second Avenue N.E. and First +         1. Beginning at the intersection of Second Avenue N.E. and First Street S.E. and continuing in a circular direction on the existing road around the baseball complex to the intersection of E. Division Street, and then continuing again in a circular direction on the existing road around the baseball complex until the road meets again with First Street S.E.       4.   Twenty five (25) miles per hour on all streets and avenues within the city limits, except as herein otherwise provided. -   (C)   Violations: In every charge of violation of this section, the +   3. Violations: In every charge of violation of this section, the complaint, also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed which this section and any accompanying schedules declare shall be prima facie lawful or unlawful at the time and place of such violation. -   (D)   Alleys: Alleys are for local access, and no person shall use an alley +   4. Alleys: Alleys are for local access, and no person shall use an alley as a through street. The speed limit for all alleys within the city limits shall be five (5) miles per hour. (Ord. 309, 6-4-2014) 10-6-2: SPEED LIMITS; HIGHWAYS: @@ -9090,7 +9033,7 @@ that the speed limit on said highways shall be as designated and posted. (Ord. 254, 3-20-1990) CHAPTER 7 TURNING MOVEMENTS -SECTION: +**SECTION**: 10-7-1: Turning At Intersections 10-7-2: Signals Before Certain Movements 10-7-3: Placement And Obedience To Turning Markers @@ -9100,9 +9043,9 @@ SECTION: 10-7-1: TURNING AT INTERSECTIONS: The driver of a vehicle intending to turn at an intersection shall do as follows: -   (A)   Right Turns: Both the approach for a right turn and a right turn shall +   1. Right Turns: Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway. -   (B)   Left Turns On Two-Way Roadways: At any intersection where traffic is +   2. Left Turns On Two-Way Roadways: At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right one-half (1/2) of the roadway nearest the centerline thereof and by passing to the right @@ -9111,7 +9054,7 @@ intersection the left turn shall be made so as to leave the intersection to the right of the centerline of the roadway being entered. Whenever practicable the left turn shall be made at that portion of the intersection to the left of the center of the intersection. -   (C)   Left Turns On Other Than Two-Way Roadways: At any intersection where +   3. Left Turns On Other Than Two-Way Roadways: At any intersection where traffic is restricted to one direction on one or more roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving @@ -9120,30 +9063,30 @@ the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (1967 Code) 10-7-2: SIGNALS BEFORE CERTAIN MOVEMENTS: -   (A)   The driver of any vehicle upon a highway before slowing down, stopping +   1. The driver of any vehicle upon a highway before slowing down, stopping or turning from a direct line shall first see that such movement can be made in safety, and, if any pedestrians may be affected by such movement, shall signal by sounding the horn, and whenever the operation of any vehicle may be affected by such movement, shall give the signal required in this section plainly visible to the driver of such vehicle of the intention to make such movement. -   (B)   The signal herein required shall be given by means of the hand and arm +   2. The signal herein required shall be given by means of the hand and arm and in the manner herein specified, or by an approved mechanical or electrical signal device, except that when conveyance is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be of a device of a type which has been approved by the chief of police. -   (C)   Whenever the signal is given by means of the hand or arm, the driver +   3. Whenever the signal is given by means of the hand or arm, the driver shall indicate his intention to slow down or stop by extending hand and arm downward, to turn left by extending the hand and arm horizontally, and to turn right by extending hand and arm upward beyond the left side of the vehicle. (1967 Code) 10-7-3: PLACEMENT AND OBEDIENCE TO TURNING MARKERS: -   (A)   The chief of police is authorized to place markers, buttons, or signs +   1. The chief of police is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be traversed by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by the provisions of this code or state law. -   (B)   When authorized markers, buttons or other indications are placed +   2. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver shall disobey the directions of such indications. (1967 Code) @@ -9165,7 +9108,7 @@ any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic. (1967 Code) CHAPTER 8 ONE-WAY STREETS AND ALLEYS -SECTION: +**SECTION**: 10-8-1: Authority To Sign One-Way Streets And Alleys 10-8-1: AUTHORITY TO SIGN ONE-WAY STREETS AND ALLEYS: Whenever any provision of this code designates any one-way street or alley, the @@ -9176,7 +9119,7 @@ intersection where movement of traffic in the opposite direction is prohibited. (1967 Code) CHAPTER 9 SPECIAL STOPS REQUIRED -SECTION: +**SECTION**: 10-9-1: Through Streets Designated 10-9-2: Yield Signs 10-9-3: Stop Signs @@ -9189,8 +9132,8 @@ SECTION: 10-9-1: THROUGH STREETS DESIGNATED: The following are hereby declared to be through streets for the purpose of this code; traffic will stop when entering: -   (A)   Main Street, both sides, entire length; -   (B)   All regularly designated state or federal highways. +   1. Main Street, both sides, entire length; +   2. All regularly designated state or federal highways. Provided, however, that the chief of police, with the approval of the council, may declare other streets in the city to be through streets when deemed necessary. (1967 Code) @@ -9248,7 +9191,7 @@ It shall be unlawful for any vehicle to stop within an intersection or on a crosswalk for the purpose of picking up or discharging passengers, guests or other persons. (1967 Code) 10-9-9: OBEDIENCE TO RAILROAD SIGNALS: -   (A)   Whenever any person driving a vehicle approaches a railroad grade +   1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet (50') but not less than fifteen feet (15') from the nearest rail of such railroad, and shall not proceed until he @@ -9263,12 +9206,12 @@ distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;       4.   An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. -   (B)   No person shall drive any vehicle through, around or under any +   2. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed or is being opened or closed. (1967 Code) CHAPTER 10 MISCELLANEOUS DRIVING RULES -SECTION: +**SECTION**: 10-10-1: Following Fire Apparatus Prohibited 10-10-2: Crossing Fire Hose 10-10-3: Driving Through Processions @@ -9345,7 +9288,7 @@ city over which said railroad crosses for a period of time longer than five (5) minutes, except that this provision shall not apply to trains in motion other than those engaged in switching. (1967 Code) 10-10-13: FLAGMAN AT CROSSING: -   (A)   Every person, association or corporation owning, running or operating +   1. Every person, association or corporation owning, running or operating a "railroad train" or trains as defined by chapter 1 of this title, across any street or highway in the city shall station a flagman or watchman at any such street or highway crossing as may be designated by the council after being @@ -9359,16 +9302,16 @@ shall be notified in writing so to do by the chief of police of the city. Service of such written notice of any requirement of the council under the provisions of this code upon an agent of such person, association or corporation with the city shall be sufficient notice thereof. -   (B)   Any person, association or corporation failing to observe and comply +   2. Any person, association or corporation failing to observe and comply with the provisions of this section shall, upon conviction thereof, be deemed guilty of a misdemeanor. (1967 Code) 10-10-14: OBSTRUCTION TO VIEW: -   (A)   It shall be unlawful for the driver of any vehicle to drive the same +   1. It shall be unlawful for the driver of any vehicle to drive the same when such vehicle is so loaded or when there are in the front seat of such vehicle such number of persons as to obstruct the view of the driver to the front or sides or to interfere with the driver's control over the driving mechanism of the vehicle. -   (B)   It shall be unlawful for any passenger in a vehicle to ride in such a +   2. It shall be unlawful for any passenger in a vehicle to ride in such a position as to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle. (1967 Code) @@ -9386,19 +9329,19 @@ section shall not apply to a student or other person taking a regular driving course of learning to drive when accompanied by his or her parent or teacher holding a driver's permit. (1967 Code) 10-10-16: MOTORCYCLE REGULATIONS: -   (A)   A person operating a motorcycle on public streets or highways shall +   1. A person operating a motorcycle on public streets or highways shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator. -   (B)   No passenger shall be carried in a position that will interfere with +   2. No passenger shall be carried in a position that will interfere with the operation of the motorcycle or the view of the operator. -   (C)   No person operating a motorcycle shall carry any packages, bundles or +   3. No person operating a motorcycle shall carry any packages, bundles or articles which would interfere with the operation of said vehicle in a safe and prudent manner. -   (D)   "Sidesaddle" riding on a motorcycle is prohibited. +   4. "Sidesaddle" riding on a motorcycle is prohibited.    (E)   Motorcycles are to be operated with lights on at all times when operated on any public highway or street.    (F)   Every person riding a motorcycle upon any public street, whether as @@ -9420,7 +9363,7 @@ guilty of a misdemeanor and be subject to the penalty provided therefor in section 1-4-1 of this code. (Ord. 179, 12-7-1970) 10-10-17: NO THROUGH TRUCK TRAFFIC: -   (A)   There shall be no through truck traffic by individuals driving trucks +   1. There shall be no through truck traffic by individuals driving trucks in excess of eight thousand (8,000) pounds using the following streets and avenues or a portion thereof, of the city, hereinafter designated:       1st Street NW @@ -9434,11 +9377,11 @@ avenues or a portion thereof, of the city, hereinafter designated:       12th Avenue NE       Rice Avenue (Ord. 308, 2-5-2014) -   (B)   A violation of subsection (A) of this section shall subject the driver +   2. A violation of subsection (A) of this section shall subject the driver of said truck to the penalty provided in section 1-4-1 of this code. (Ord. 280, 5-4-1999) 10-10-18: COMMERCIAL TRUCK ROUTES: -   (A)   It is unlawful and constitutes a misdemeanor punishable as provided in +   1. It is unlawful and constitutes a misdemeanor punishable as provided in section 61-10-147 Montana Code Annotated for any person to drive or operate or for the owner to cause or knowingly permit to be driven or operated any truck, not involved in local services as defined in subsection (B) of this section, @@ -9450,7 +9393,7 @@ Secondary Highway 221 7th Street SW U.S. Highway 89 U.S. Highway 287 -   (B)   For the purpose of this section, the following definitions and terms +   2. For the purpose of this section, the following definitions and terms apply:     LOCAL SERVICE: Limiting the authorized use of city streets or avenues to those trucks which have either a point of origin or destination for immediate @@ -9460,7 +9403,7 @@ of origin or destination which is only accessible via city streets or avenues.    TRUCK: Any motor vehicle designed, used or maintained primarily for the transportation of property, which has a gross vehicle weight of over twenty thousand (20,000) pounds. -   (C)   In any court hearing, unless credible evidence is produced +   3. In any court hearing, unless credible evidence is produced demonstrating either a "personal purpose" or an "immediate business purpose" within the limits of the city by a bill of lading or routing schedule for an address within the limits of the city, the operation of such truck on a @@ -9468,7 +9411,7 @@ prohibited street or avenue shall be prima facie evidence of a violation of this chapter. (Ord. 293, 8-7-2001) CHAPTER 11 OPERATION OF VEHICLES -SECTION: +**SECTION**: 10-11-1: Police May Take Possession Of Vehicles 10-11-1: POLICE MAY TAKE POSSESSION OF VEHICLES: Any member of the police department is hereby authorized to take possession of @@ -9484,7 +9427,7 @@ a public garage or on city property; if stored in a public garage, the storage charges shall be the amount charged for such storage. (Ord. 209, 6-6-1978) CHAPTER 12 PEDESTRIANS' RIGHTS AND DUTIES -SECTION: +**SECTION**: 10-12-1: Subject To Traffic Signals 10-12-2: Right Of Way In Crosswalk 10-12-3: Pedestrians To Use Right Half Of Crosswalk @@ -9501,7 +9444,7 @@ in sections those rights and be subject to the restrictions stated in this chapter. (1967 Code) 10-12-2: RIGHT OF WAY IN CROSSWALK: -   (A)   When traffic control signals are not in place or not in operation, the +   1. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way slowing down or stopping if need be to so yield to a pedestrian crossing the roadway or street within a crosswalk when the pedestrian is upon the one-half (1/2) of the roadway upon @@ -9510,14 +9453,14 @@ from the opposite one-half (1/2) of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, which is so close that it is impossible for the driver to yield. -   (B)   Whenever any vehicle is stopped at a marked crosswalk or at any +   2. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. -   (C)   No person except a blind person shall carry a white cane in the city. +   3. No person except a blind person shall carry a white cane in the city. When a person carrying a white cane enters any intersection in this city, the driver of any motor vehicle shall bring such motor vehicle to a stop. -   (D)   It is unlawful for any person to drive a motor vehicle through a +   4. It is unlawful for any person to drive a motor vehicle through a column of school children crossing a street or highway or past a member of the school safety patrol while the member of the school safety patrol is directing the movement of children across a street or highway and while the school safety @@ -9534,16 +9477,16 @@ Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway. (1967 Code) 10-12-6: PEDESTRIANS WALKING ALONG ROADWAY: -   (A)   Where sidewalks are provided it shall be unlawful for any pedestrian +   1. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon adjacent road. -   (B)   Where sidewalks are not provided, any pedestrian walking along and +   2. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (1967 Code) 10-12-7: PEDESTRIANS SOLICITING RIDES OR BUSINESS: -   (A)   No person shall stand in a roadway for the purpose of soliciting a +   1. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. -   (B)   No person shall stand on or in proximity to a street or highway for +   2. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (1967 Code) 10-12-8: DRIVERS TO EXERCISE DUE CARE: @@ -9554,7 +9497,7 @@ exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. (1967 Code) CHAPTER 13 METHOD OF PARKING -SECTION: +**SECTION**: 10-13-1: Standing Or Parking Close To Curb 10-13-2: Signs Or Markings Indicating Angle Parking 10-13-3: Obedience To Signs Or Markers @@ -9565,14 +9508,14 @@ with the right hand wheels of the vehicle within eighteen inches (18") of the curb or edge of the roadway except as otherwise provided in this chapter. (1967 Code) 10-13-2: SIGNS OR MARKINGS INDICATING ANGLE PARKING: -   (A)   The chief of police, with the approval of the council, shall determine +   1. The chief of police, with the approval of the council, shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any federal aid or state highway within this city unless the state highway commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. -   (B)   Angle parking shall not be indicated or permitted at any place where +   2. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street. (1967 Code) 10-13-3: OBEDIENCE TO SIGNS OR MARKERS: @@ -9583,7 +9526,7 @@ such a manner that said vehicle shall be entirely within the limits of the space so designated. (1967 Code) CHAPTER 14 STOPPING, STANDING OR PARKING -SECTION: +**SECTION**: 10-14-1: Stopping, Standing Or Parking Prohibited 10-14-2: Parking Not To Obstruct Traffic 10-14-3: Parking In Alleys @@ -9602,7 +9545,7 @@ SECTION: Parking 10-14-1: STOPPING, STANDING OR PARKING PROHIBITED: No signs required: -   (A)   No person shall stop, stand or park a vehicle, except when necessary +   1. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the direction of a police officer or a traffic control device in any of the following places:       1.   On a sidewalk. @@ -9625,7 +9568,7 @@ stopping, standing or parking would obstruct traffic. curb of a street.       12.   Upon any bridge or other elevated structure upon a highway.       13.   At any place where official signs prohibit stopping. -   (B)   No person shall move a vehicle not lawfully under his control into any +   2. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (1967 Code) 10-14-2: PARKING NOT TO OBSTRUCT TRAFFIC: @@ -9641,32 +9584,32 @@ driveway entrance to any abutting property; excepting, however, commercial vehicles while actually engaged in loading or unloading property. (1967 Code) 10-14-4: PARKING FOR CERTAIN PURPOSES PROHIBITED: No person shall park a vehicle upon any roadway for the principal purpose of: -   (A)   Displaying such vehicle for sale. -   (B)   Greasing or repairing such vehicle, except repairs necessitated by an +   1. Displaying such vehicle for sale. +   2. Greasing or repairing such vehicle, except repairs necessitated by an emergency. -   (C)   Selling merchandise, tickets or solicitations of subscriptions to +   3. Selling merchandise, tickets or solicitations of subscriptions to magazines or other printed periodicals. -   (D)   Storage of any such vehicle other than normal parking of vehicles +   4. Storage of any such vehicle other than normal parking of vehicles regularly used.    (E)   Any vehicle parked continuously on street in business district for ten (10) days, or in residential district for thirty (30) days, may be removed as provided in section 10-19-15 of this title. (1967 Code) 10-14-5: PARKING ADJACENT TO SCHOOLS: -   (A)   The chief of police, with the consent of the council, is hereby +   1. The chief of police, with the consent of the council, is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would in his opinion interfere with traffic or create a hazardous situation. -   (B)   When official signs are erected indicating no parking upon either side +   2. When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. (1967 Code) 10-14-6: PARKING PROHIBITED ON NARROW STREETS: -   (A)   The chief of police, with the consent of the council, is hereby +   1. The chief of police, with the consent of the council, is hereby authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty feet (20'), or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty feet (30'). -   (B)   When official signs prohibiting parking are erected upon narrow +   2. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such signs. (1967 Code) 10-14-7: STANDING OR PARKING ON ONE-WAY STREETS: @@ -9683,12 +9626,12 @@ to determine when standing or parking may be permitted upon the left hand side of any such one-way roadway and to erect signs giving notice thereof. (1967 Code) 10-14-9: STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES: -   (A)   The chief of police, with the consent of the council, is hereby +   1. The chief of police, with the consent of the council, is hereby authorized to determine and designate by proper signs placed not exceeding one hundred feet (100') in length in which the stopping, standing or parking of a vehicle would create an especially hazardous condition or would cause unusual delay to traffic. -   (B)   When official signs are erected at hazardous or congested places as +   2. When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place. (1967 Code) 10-14-10: APPLICATION OF CHAPTER: @@ -9720,7 +9663,7 @@ signs which impose a parking time limitation limit, or prohibit parking on certain designated streets. (Ord. 233, 11-5-1984) 10-14-15: TRUCK, TRUCK TRACTOR, TRAILERS, SEMITRAILERS, BUS AND SCHOOL BUS PARKING: -   (A)   No truck, truck tractor, trailer or semitrailer of licensed gross +   1. No truck, truck tractor, trailer or semitrailer of licensed gross vehicle weight (GVW), as shown by their valid owner's certificate of registration and tax receipt or the gross vehicle weight receipt, of twelve thousand (12,000) pounds and over, shall be parked at any time, on Main Avenue @@ -9733,13 +9676,13 @@ railroad right of way, except that such vehicles may be parked on Third Street Northwest along block 2 and block 5 of the original townsite of the city from the east boundary of the alley dissecting each block for one hundred feet (100') in an easterly direction along said street. -   (B)   No person shall park a truck, truck tractor, trailer, semitrailer, +   2. No person shall park a truck, truck tractor, trailer, semitrailer, school bus, or bus on any street or alley in the residential zones A, B, and C as depicted on the zoning map of the city, a modified copy of which is attached hereto and incorporated herein and marked as "exhibit A". [https://export.amlegal.com/media/a7ce328e03c90fb96723594d121db42e148854c4/ IMAGES/0-0-0-1283.gif] -   (C)   The following exceptions shall apply to the above stated restrictions +   3. The following exceptions shall apply to the above stated restrictions for residential zones A, B and C:       1.   Trucks, truck tractors, trailers, semitrailers, buses and school buses may be temporarily parked for the expeditious loading and unloading of @@ -9757,16 +9700,16 @@ section because of special need or business requirements may, by written request, petition the city council for a special parking permit. The council may, after public hearing, issue said special parking permit for a period not to exceed one year per parking area. -               (a)   Notice: The city council shall, after receiving written +               1. Notice: The city council shall, after receiving written request for a special parking permit, publish notice one time in a local newspaper of general circulation of the general nature of the permit requested and set the matter for public hearing at the next regular meeting of the city council. -               (b)   Hearing: The decision of the city council as to whether or +               2. Hearing: The decision of the city council as to whether or not to issue a special parking permit after public hearing shall be final. -               (c)   Fee: The city shall charge a twenty five dollar ($25.00) +               3. Fee: The city shall charge a twenty five dollar ($25.00) fee for each separate special parking permit. -               (d)   Permit Issued: A special parking permit may be issued for +               4. Permit Issued: A special parking permit may be issued for a particular vehicle or a particular location but a special parking permit shall be required for each separate location.                (e)   Permit Specifications: The special parking permit shall @@ -9790,7 +9733,7 @@ a new annual fee and there are no written protests made to the city council regarding that permit. If the city council receives a written protest, they must conduct a new public hearing before deciding whether to renew the special parking permit. -   (D)   The definition of "truck", "truck tractor", "trailer", "semitrailer", +   4. The definition of "truck", "truck tractor", "trailer", "semitrailer", "vehicle", "motor vehicle", "school bus", "bus", "axle", and "gross weight" under Montana state law, as described in title 61 of the Montana Codes Annotated, or its successor, shall be applicable for the purposes of this @@ -9805,7 +9748,7 @@ validity of the section as a whole, or any part thereof other than the part declared unconstitutional or invalid. (Ord. 233, 11-5-1984) CHAPTER 15 LICENSE REGULATIONS -SECTION: +**SECTION**: 10-15-1: State License 10-15-1: STATE LICENSE: The owner of a motor vehicle shall register such vehicle with the registrar of @@ -9819,7 +9762,7 @@ Montana. Nonresidents shall comply in this respect with the Montana nonresident act. (1967 Code) CHAPTER 16 VEHICLE RIGHT OF WAY REGULATIONS -SECTION: +**SECTION**: 10-16-1: Drive On Right Hand Side Of Street 10-16-2: Crossing Railroad Intersections 10-16-3: Meeting Of Vehicles @@ -9874,10 +9817,10 @@ shall give way to the right in favor of the overtaking vehicle, and shall not start or increase the speed of his vehicle until completely passed by the overtaking vehicle. (1967 Code) 10-16-7: FOLLOWING TOO CLOSELY: -   (A)   The operator of a motor vehicle shall not follow another vehicle more +   1. The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic upon and condition of the highway. -   (B)   The driver of any motor truck when moving upon a highway outside of a +   2. The driver of any motor truck when moving upon a highway outside of a business district or resident district shall not follow another motor truck within one hundred feet (100') but this shall not be construed to prevent one motor truck overtaking and passing another. (1967 Code) @@ -9900,7 +9843,7 @@ designate those streets upon which no U-turns shall be made and shall cause the same to be plainly marked. (1967 Code) CHAPTER 17 EQUIPMENT STANDARD -SECTION: +**SECTION**: 10-17-1: Brakes 10-17-2: Required Lighting Equipment 10-17-3: Additional Permissible Lights @@ -9931,19 +9874,19 @@ testing machine in the event that such brake testing machine is within two (2) miles. The officer may then order such repairs or adjustments to the brakes as may be necessary to make such brakes lawful. (1967 Code) 10-17-2: REQUIRED LIGHTING EQUIPMENT: -   (A)   Period When Lights Required To Be Displayed: During the period between +   1. Period When Lights Required To Be Displayed: During the period between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise every vehicle operated or driven upon any public highway in the city shall display the lights in this section required for the class of vehicle to which it belongs. -   (B)   Lights Required To Be Displayed By Motor Vehicles Of Three Or More +   2. Lights Required To Be Displayed By Motor Vehicles Of Three Or More Wheeled Type: Every vehicle of three (3) or more wheeled type shall display at least two (2) white headlights in front (one on each side) and two (2) lights in the rear. -   (C)   Lights Required To Be Displayed By Motor Vehicles Of The Motorcycle Or +   3. Lights Required To Be Displayed By Motor Vehicles Of The Motorcycle Or Two-Wheeled Type: Every motor vehicle of the motorcycle or two-wheeled type shall display one white light in front and one red light in the rear. -   (D)   Color And Type Of Rear Light: The rear light required in subsections +   4. Color And Type Of Rear Light: The rear light required in subsections (B) and (C) of this section shall display red rays visible to the rear, and shall throw white light upon the number plate carried on the rear of such vehicle so that the number will be clearly visible at a distance of five @@ -9983,19 +9926,19 @@ this section shall conflict with any state law applicable to lighting equipment on vehicles, then the state law, so far as conflicting herewith, shall control. (1967 Code) 10-17-3: ADDITIONAL PERMISSIBLE LIGHTS: -   (A)   Spotlights: Any motor vehicle may be equipped with not to exceed two +   1. Spotlights: Any motor vehicle may be equipped with not to exceed two (2) spotlights, except a motorcycle shall not be equipped with more than one spotlight and every lighted spotlight shall be so aimed and used upon approaching another vehicle that no part of the beam will be directed to the left of center of the car nor more than one hundred feet (100') ahead of the vehicle. -   (B)   Auxiliary Driving Lamps: Any motor vehicle may be equipped with not to +   2. Auxiliary Driving Lamps: Any motor vehicle may be equipped with not to exceed two (2) auxiliary lamps mounted on the front at a height of not less than twenty four inches (24") above the level surface on which the vehicle stands and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this title as to the elements of overbrightness or glare. -   (C)   Restrictions On Lamps: Any device other than headlamps, spotlights or +   3. Restrictions On Lamps: Any device other than headlamps, spotlights or auxiliary lamps, which project a beam of light of an intensity greater than twenty five (25) candle power, shall be so directed that no part of the beam will strike the level surface on which the vehicle stands at a distance of more @@ -10012,7 +9955,7 @@ public highway in said city, a red flag or cloth not less than sixteen inches (16") square shall be displayed at the extreme rear of said load as a warning signal to persons operating vehicles approaching from the rear. (1967 Code) 10-17-5: HORNS AND WARNING DEVICES: -   (A)   Every motor vehicle operated or driven upon a public highway in the +   1. Every motor vehicle operated or driven upon a public highway in the city shall be provided with a horn or other device for signaling sufficiently under all reasonable conditions to give timely warning of the approach of the motor vehicle, and it shall be unlawful, except as otherwise provided in this @@ -10022,13 +9965,13 @@ exhaust horn or whistle which does not produce a harmonious sound, or for any person at any time to use a horn otherwise than as a reasonable warning, or to make unnecessary or unreasonable loud or harsh sound by means of a horn or other warning device. -   (B)   Every authorized emergency vehicle shall be equipped with a bell, +   2. Every authorized emergency vehicle shall be equipped with a bell, siren, or exhaust whistle of a type approved by the council. (1967 Code) 10-17-6: MUFFLER CUTOUTS REGULATED: -   (A)   No person shall drive a motor vehicle on a highway unless such motor +   1. No person shall drive a motor vehicle on a highway unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise or annoying smoke. -   (B)   It shall be unlawful to use a "muffler cutout" on any motor vehicle on +   2. It shall be unlawful to use a "muffler cutout" on any motor vehicle on any street, avenue or alley in the city. (1967 Code) 10-17-7: RED LIGHT IN FRONT OF VEHICLE PROHIBITED: It shall be unlawful for any person to operate or drive any vehicle upon any @@ -10041,17 +9984,17 @@ It shall be unlawful for any person to drive, park, or move, or for the owner to cause or knowingly permit to be driven, parked or moved, on any public highway in the city any vehicle or vehicles of a size exceeding the limitations stated in this section. -   (A)   No vehicle shall exceed a total outside width including any load +   1. No vehicle shall exceed a total outside width including any load thereon, of eight feet (8'), except that the width of a farm tractor, or of loads of hay or straw, shall not exceed twelve feet (12'), and except further that the limitations as to size of vehicles stated in this section shall not apply to implements of husbandry, equipment structures, or implements of industry temporarily propelled or moved upon the public highway or to road machinery engaged in the construction or maintenance of highways. -   (B)   No vehicle unloaded or with load shall exceed a height of fourteen +   2. No vehicle unloaded or with load shall exceed a height of fourteen feet six inches (14'6"). -   (C)   No vehicle shall exceed a length of thirty three feet (33'). -   (D)   No vehicle shall carry any load extending more than three feet (3') +   3. No vehicle shall exceed a length of thirty three feet (33'). +   4. No vehicle shall carry any load extending more than three feet (3') beyond the front thereof.    (E)   No passenger vehicle shall carry any load extending beyond the line of the fenders on either side of such vehicle more than twelve inches (12"). @@ -10063,21 +10006,21 @@ which shall be taken in moving any such building. unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom. (1967 Code) 10-17-9: TRAILERS AND TOWED VEHICLES: -   (A)   No motor vehicle shall be driven upon any public highway in the city +   1. No motor vehicle shall be driven upon any public highway in the city drawing or having attached thereto more than one other vehicle. -   (B)   The draw bar or other connection between any two (2) vehicles; one of +   2. The draw bar or other connection between any two (2) vehicles; one of which is towing or drawing the other on a public highway in the city, shall not exceed fifteen feet (15') in length from one vehicle to the other. Whenever such connection consists of a chain, rope or cable there shall be displayed upon such connection a red flag or other signal or cloth not less than twelve inches (12") both in length and width. -   (C)   The total length of any combination of vehicles shall in no case +   3. The total length of any combination of vehicles shall in no case exceed sixty feet (60'). (1967 Code) 10-17-10: RESTRICTIONS AS TO TIRE EQUIPMENT: -   (A)   Every solid rubber tire on a vehicle moved on any highway in the city +   1. Every solid rubber tire on a vehicle moved on any highway in the city shall have rubber on its entire traction surface at least one inch (1") thick above the edge of the flange of the entire periphery. -   (B)   No tire on a vehicle moved on a highway in the city shall have on its +   2. No tire on a vehicle moved on a highway in the city shall have on its periphery any block, stud, flange, cleat, or spike, or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire, unless state approved, except that it shall be @@ -10108,7 +10051,7 @@ so designed and constructed as to afford the same protection as if it were equipped with fenders. (1967 Code) CHAPTER 18 BICYCLES -SECTION: +**SECTION**: 10-18-1: Effect Of Regulations 10-18-2: License Required 10-18-3: Application @@ -10128,12 +10071,12 @@ SECTION: 10-18-17: Riding On Sidewalks 10-18-18: Lamps And Other Equipment 10-18-1: EFFECT OF REGULATIONS: -   (A)   It shall be unlawful for any person to do any act forbidden or fail to +   1. It shall be unlawful for any person to do any act forbidden or fail to perform any act required herein. -   (B)   The parent of any child and the guardian of any ward shall not +   2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. -   (C)   These regulations applicable to bicycles shall apply whenever a +   3. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any public thoroughfare or public path set aside for the exclusive use of bicycles. (1967 Code) 10-18-2: LICENSE REQUIRED: @@ -10145,22 +10088,22 @@ Application for a bicycle license and license plate shall be made to the clerk. A fee of twenty five cents ($0.25) for two (2) years shall be paid before such license is issued. (1967 Code) 10-18-4: ISSUANCE: -   (A)   The clerk upon receiving proper application therefor is authorized to +   1. The clerk upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective until the end of the calendar year. -   (B)   The clerk shall not issue a license for any bicycle when he knows the +   2. The clerk shall not issue a license for any bicycle when he knows the applicant is not the owner of or entitled to the possession of such bicycle. -   (C)   The clerk shall keep a record of the number of such license, the date +   3. The clerk shall keep a record of the number of such license, the date issued, the name and address of the person to whom issued, the number on the frame of the bicycle and a record of all bicycle license fees collected. (1967 Code) 10-18-5: ATTACHMENT OF LICENSE PLATE: -   (A)   The clerk upon issuing a license shall also issue a license plate +   1. The clerk upon issuing a license shall also issue a license plate bearing the license number assigned to the bicycle which shall include the name of the municipality and the calendar year. -   (B)   Each license plate shall be firmly attached to the bicycle in such a +   2. Each license plate shall be firmly attached to the bicycle in such a position as to be plainly visible. -   (C)   It shall be unlawful for any person to remove a license plate from a +   3. It shall be unlawful for any person to remove a license plate from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled. (1967 Code) 10-18-6: INSPECTION: @@ -10181,21 +10124,21 @@ subject to all of the duties applicable to the driver of a vehicle except as to those provisions of law which by their nature can have no application. (1967 Code) 10-18-10: OBEDIENCE TO TRAFFIC CONTROL DEVICES: -   (A)   Any person operating a bicycle shall obey the instructions of official +   1. Any person operating a bicycle shall obey the instructions of official traffic control signs, signals and other control devices applicable to vehicles unless otherwise directed by a police officer. -   (B)   Wherever authorized signs are erected indicating that no right, left +   2. Wherever authorized signs are erected indicating that no right, left or U-turn is permitted, it shall be unlawful for any person operating a bicycle to disobey the directions of any such sign except where a person dismounts from the bicycle to make such turn in which event such person shall then obey the regulations applicable to pedestrians. (1967 Code) 10-18-11: RIDING ON BICYCLES: -   (A)   A person propelling a bicycle shall not ride other than astride a +   1. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. -   (B)   Persons riding bicycles upon a roadway shall not ride more than two +   2. Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of such. -   (C)   Whenever a usable path for bicycles has been provided adjacent to a +   3. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path. (1967 Code) 10-18-12: SPEED: It shall be unlawful for any person to operate a bicycle at a speed greater @@ -10221,7 +10164,7 @@ The clerk is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon and when such signs are in place it shall be unlawful for any person to disobey the same. (1967 Code) 10-18-18: LAMPS AND OTHER EQUIPMENT: -   (A)   Every bicycle when in use at nighttime shall be equipped with a lamp +   1. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet (500') to the front and a red reflector on the rear of a type which shall be visible from all distances from fifty feet (50') to three @@ -10229,16 +10172,16 @@ hundred feet (300') to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet (500') to the rear may be used in addition to the red reflector. -   (B)   It shall be unlawful for any person to operate a bicycle unless it is +   2. It shall be unlawful for any person to operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet (100') except that a bicycle shall not be equipped with any siren or whistle. -   (C)   Every bicycle shall be equipped with a brake which will enable the +   3. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (1967 Code) CHAPTER 19 PENALTIES AND PROCEDURE ON ARREST -SECTION: +**SECTION**: 10-19-1: Penalties 10-19-2: Forms And Records Of Traffic Citations And Arrests 10-19-3: Procedure Of Police Officers @@ -10261,14 +10204,14 @@ any provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in title 1, chapter 4 of this code. (Ord. 172, 5-20-1968) 10-19-2: FORMS AND RECORDS OF TRAFFIC CITATIONS AND ARRESTS: -   (A)   The clerk shall provide books to include traffic citation forms for +   1. The clerk shall provide books to include traffic citation forms for notifying alleged violators to appear and answer to charges of violating traffic laws and regulations in the police court of this city. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed and approved by the council. -   (B)   The clerk shall issue such books to the chief of police or his duly +   2. The clerk shall issue such books to the chief of police or his duly authorized agent and shall maintain a record of every book so issued. -   (C)   The chief of police shall be responsible for the issuance of such +   3. The chief of police shall be responsible for the issuance of such books to individual members of the department. The chief shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein. (1967 Code) @@ -10285,7 +10228,7 @@ to the charge against him in the police court of the city at a time within five (5) days after such alleged violation, to be specified in the citation, shall release such person from custody. (1967 Code) 10-19-4: DISPOSITION OF RECORDS: -   (A)   Every police officer upon issuing a traffic citation to an alleged +   1. Every police officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or any provision of the traffic code of this city shall deposit the original and a duplicate copy of the citation with his immediate superior officer, who shall @@ -10294,15 +10237,15 @@ duplicate copy to the central records section of the police department. The second duplicate copy of the citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the clerk together with such book when all traffic citations therein have been used. -   (B)   Upon the filing of such original citation in the police court of this +   2. Upon the filing of such original citation in the police court of this city as aforesaid, said citation may be disposed of only by trial in said court or by other official action by a judge of said court, including forfeiture of bail or by payment of a fine to the court. -   (C)   The chief of police shall require the return to him of each traffic +   3. The chief of police shall require the return to him of each traffic citation and all copies thereof, except that copy required to be retained in the book as provided herein, which has been spoiled or upon which any entry has been made and has not been issued to an alleged violator. -   (D)   The police judge shall maintain or cause to be maintained in +   4. The police judge shall maintain or cause to be maintained in connection with every traffic citation issued by a member of the police department a record of the disposition of the charge by the police court of this city. @@ -10353,7 +10296,7 @@ was affixed, a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued. (1967 Code) 10-19-11: PRESUMPTION IN REFERENCE TO ILLEGAL PARKING: -   (A)   In any prosecution charging a violation of any law or regulation +   1. In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation together with the proof that the defendant named in the complaint @@ -10361,7 +10304,7 @@ was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. -   (B)   The foregoing stated presumption shall apply only when the procedure +   2. The foregoing stated presumption shall apply only when the procedure as prescribed in sections 10-19-9 and 10-19-10 of this chapter has been followed. (1967 Code) @@ -10372,7 +10315,7 @@ summons directing an appearance to the police court, or if any person fails or refuses to deposit bail as required and within the time permitted by law, the police court shall secure and issue a warrant for his arrest. (1967 Code) 10-19-13: RECORDS; REPORTS: -   (A)   Every magistrate or judge of a court shall keep or cause to be kept a +   1. Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to said court or its traffic violations bureau, and shall keep a record of every official action by said @@ -10381,7 +10324,7 @@ limited to, a record of every conviction, forfeiture of bail, judgment of acquittal, and the amount of fine or forfeiture resulting from every said traffic complaint or citation deposited with or presented to said court or traffic violations bureau. -   (B)   Within ten (10) days after the conviction or forfeiture of bail of a +   2. Within ten (10) days after the conviction or forfeiture of bail of a person upon a charge of violating any provisions of this code or other law regulating the operation of vehicles on highways every said magistrate of the court or clerk of the court of record in which such conviction was had or bail @@ -10391,13 +10334,13 @@ which said person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle. -   (C)   Said abstract must be made upon a form furnished by said state +   3. Said abstract must be made upon a form furnished by said state department of motor vehicles and shall include the name and address of the party charged, the number, if any, of his operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture as the case may be. -   (D)   The failure, refusal or neglect of any such judicial officer to comply +   4. The failure, refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom. (1967 Code) 10-19-14: DISPOSITION OF TRAFFIC FINES AND FORFEITURES: @@ -10407,7 +10350,7 @@ title shall be paid into the office of the treasurer to be credited by that officer to either the police license fund or the general fund of the city as may be directed. (1967 Code) 10-19-15: AUTHORITY TO IMPOUND VEHICLES: -   (A)   Members of the police department are hereby authorized to remove a +   1. Members of the police department are hereby authorized to remove a vehicle from a street or highway to the nearest garage, or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by this city under the circumstances hereinafter @@ -10422,7 +10365,7 @@ provide for its custody or removal.       3.   When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic or the movement of traffic during extraordinary occasions. -   (B)   Whenever an officer removes a vehicle from a street as authorized in +   2. Whenever an officer removes a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to @@ -10430,7 +10373,7 @@ such owner of the fact of such removal and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. -   (C)   Whenever an officer removes a vehicle from a street under this section +   3. Whenever an officer removes a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a @@ -10443,7 +10386,7 @@ place from which removed, the reasons for such removal and name of the garage or place where the vehicle is stored. (1967 Code) CHAPTER 20 SNOWMOBILES -SECTION: +**SECTION**: 10-20-1: Definition Of Terms 10-20-2: Regulations 10-20-3: Exceptions To Regulations @@ -10471,13 +10414,13 @@ under the laws of the state of Montana. (Ord. 199, 12-1-1975) 10-20-2: REGULATIONS: It shall be unlawful for any person to operate a snowmobile under the following circumstances: -   (A)   On any street or alley within the city. -   (B)   On private property of another without the express permission to do so +   1. On any street or alley within the city. +   2. On private property of another without the express permission to do so by the owner or occupant of said property. -   (C)   On public school grounds, park property, playgrounds, recreational +   3. On public school grounds, park property, playgrounds, recreational areas and golf courses without express provision or permission to do so by the proper public authority. -   (D)   In a manner so as to create loud, unnecessary or unusual noise so as +   4. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.    (E)   In a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person. @@ -10490,36 +10433,36 @@ the operator shall have a valid driver's license.    (H)   Without the necessary equipment meeting the standards of noise level as may be set by federal or state law or regulation. (Ord. 199, 12-1-1975) 10-20-3: EXCEPTIONS TO REGULATIONS: -   (A)   Notwithstanding the prohibitions of this chapter, the city council may +   1. Notwithstanding the prohibitions of this chapter, the city council may by permit allow supervised and regulated events or programs conducted in a recreation area of the city in which snowmobiles may be used. The city council shall have the authority to designate such areas. -   (B)   A snowmobile may be operated on the roadway of any highway, street or +   2. A snowmobile may be operated on the roadway of any highway, street or alley located within the boundaries of the city, excepting on Main Street, between Fourth Street NW and Fifth Street SW, for the purpose of proceeding out of the city and returning into the city. No snowmobile shall be operated within one block of Teton County Rest Home, the hospital, the schools, and Skyline Lodge. No snowmobile may be operated in proceeding out of the city after ten o'clock (10:00) P.M., nor before seven o'clock (7:00) A.M. -   (C)   A snowmobile making a crossing of a street or highway shall make such +   3. A snowmobile making a crossing of a street or highway shall make such crossing at an angle of approximately ninety degrees (90°) to the direction of the highway. The snowmobile shall make a complete stop before entering upon any part of the highway. A snowmobile shall yield right of way to all motor vehicles at all times, at all intersections. (Ord. 199, 12-1-1975) 10-20-4: EQUIPMENT REQUIRED: -   (A)   Mufflers which are properly attached and which reduce the noise of +   1. Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cutout, bypass or similar device on said vehicle, conforming to all federal and state laws and regulations. -   (B)   Adequate brakes in good working condition and at least one headlight +   2. Adequate brakes in good working condition and at least one headlight and one taillight, and headlights and taillights must be on at all times during operation. (Ord. 199, 12-1-1975) 10-20-5: TRAFFIC REGULATIONS: -   (A)   Each person operating a snowmobile shall strictly observe all traffic +   1. Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the city authorized to direct or regulate traffic. -   (B)   Snowmobiles shall not be operated within the city limits at a speed in +   2. Snowmobiles shall not be operated within the city limits at a speed in excess of fifteen (15) miles per hour. (Ord. 199, 12-1-1975) 10-20-6: VIOLATIONS; PENALTIES: Violation of any section of this chapter shall be a misdemeanor and punishable