From 40a5fd46a23fdfbffe3d0f5d3530b7a2a9924358 Mon Sep 17 00:00:00 2001 From: Steve Dogiakos Date: Tue, 22 Feb 2022 17:08:38 -0700 Subject: [PATCH] add format to break up paragraphs --- 2017 Code.md | 152 ++++++++++++++++++++++----------------------------- 1 file changed, 64 insertions(+), 88 deletions(-) diff --git a/2017 Code.md b/2017 Code.md index 622bb71..cf1d4de 100644 --- a/2017 Code.md +++ b/2017 Code.md @@ -18,6 +18,7 @@ been amended, superseded or repealed. 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. +    Section 2. There is hereby adopted, as a method of perpetual codification, the loose leaf type of binding together with the continuous supplemental service whereby each newly adopted Ordinance of a general nature, amending, @@ -27,46 +28,61 @@ Codifiers, Inc., is inserted in the proper place in each of the Official 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."** +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 are not effective until at least 30 days after passage.   **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](ordinance 160.md) 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 City Council shall be the Official Code of all City of Choteau Ordinances. +    Section 2: All ordinances passed and approved by the City Council of the City of Choteau if not already inserted in the Official City Code of the City of Choteau shall automatically be included and deemed inserted in the Official 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 date of final passage. +    **PASSED AND APPROVED** on final passage by the City Council of the City of Choteau, Montana, this 19th day of October, 1999. Superintendent/Finance Officer City of Choteau (SEAL) ---- + ## 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 @@ -112,117 +128,77 @@ shall be guilty of the offense described and liable to the penalty set forth. ## 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 -the saving clauses contained in the following section), from which are excluded -the following ordinances which are not hereby repealed: tax levy ordinances; -appropriation ordinances; ordinances relating to boundaries and annexations; -franchise ordinances and other ordinances granting special rights to persons or -corporations; contract ordinances and ordinances authorizing the execution of a -contract or the issuance of warrants; salary ordinances; ordinances -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) +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 the saving clauses contained in the following section), from which are excluded the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances 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: -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) +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: -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, -forfeiture or punishment so incurred, or any right accrued or claim arising -under the former ordinance, or in any way whatever to affect any such offense -or act so committed or so done, or any penalty, forfeiture or punishment so -incurred or any right accrued or claim arising before the new ordinance takes -effect, save only that the proceedings thereafter shall conform to the -ordinance in force at the time of such proceeding, so far as practicable. If -any penalty, forfeiture or punishment be mitigated by any provision of a new -ordinance, such provision may be, by the consent of the party affected, applied -to any judgment announced after the new ordinance takes effect. -This section shall extend to all repeals, either by express words or -implication, whether the repeal is in the ordinance making any new provisions -upon the same subject or in any other ordinance. -Nothing contained in this or the preceding section shall be construed as -abating any action now pending under or by virtue of any general ordinance of -the city herein repealed; or as discontinuing, abating, modifying or altering -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) +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, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect. This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. Nothing contained in this or the preceding section shall be construed as abating any action now pending under or by virtue of any general ordinance of the city herein repealed; or as discontinuing, abating, modifying or altering 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) + ### 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 -only, this shall be construed as though followed by the words of the city of -Choteau. + +**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, profession or occupation. + **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 or occupation. + **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 -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 -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 -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 -act required by the provisions of this code. -**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. + +**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 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 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 act required by the provisions of this code. + +**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 -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 -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, -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 -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 -square, public places and sidewalks. -**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 -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, -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) + +**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 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, 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 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 square, public places and sidewalks. + +**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 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, 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**: 1-4-1: Penalty