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+CITY CODE
+of
+CHOTEAU, MONTANA
+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
+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+been amended, superseded or repealed.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
+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,
+altering, adding to, or deleting provisions of this Official City Code is
+identified by the proper catch line, and following preparation by Sterling
+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."
+   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
+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.
+[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:
+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:
+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:
+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-
+1999)
+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
+distributive words may not have been used.
+When any subject matter, party or person is referred to in this code by words
+importing the singular number only, or the masculine gender, several matters,
+parties, or persons and females as well as males and bodies corporate shall be
+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:
+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
+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
+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:
+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)
+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)
+CHAPTER 3
+DEFINITIONS
+SECTION:
+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.
+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.
+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)
+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:
+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:
+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:
+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:
+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:
+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
+is prescribed or obligation imposed, or where any act which is of a continuing
+nature is forbidden or declared to be unlawful, shall be deemed guilty of a
+misdemeanor. A separate offense shall be deemed committed upon each day during
+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:
+1-5-1: Designation Of Wards
+1-5-2: First Ward
+1-5-3: Second Ward
+1-5-1: DESIGNATION OF WARDS:
+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:
+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:
+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)
+ 
+Notes
+1 1. RCM 11-707.
+CHAPTER 6
+APPOINTIVE OFFICERS
+SECTION:
+1-6-1: Appointive Officers Designated
+1-6-2: Clerk
+1-6-3: Attorney
+1-6-4: Chief Of Police; Duties
+1-6-5: Treasurer
+1-6-6: Health Officer
+1-6-7: Fire Chief
+1-6-8: Engineer
+1-6-9: Abolishment Of Office
+1-6-10: Bonds
+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:
+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:
+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,
+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:
+It is the duty of the chief of police:
+   (A)   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
+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
+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
+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,
+6-29-1944)
+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
+if required, prepare and file with the clerk a full and complete report for the
+quarter as to all licenses issued, giving the name of each person paying the
+license and the amount paid therefor and the business in which the same is
+paid, which report shall be submitted to the council at the next regular
+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)
+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
+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:
+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,
+6-29-1944)
+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-
+1944)
+1-6-8: ENGINEER:
+   (A)   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
+position, size and construction of all sewers, waterworks, irrigation or
+drainage canals, reservoirs, culverts, conduits, aqueducts, bridges, viaducts
+or other public works or appurtenances, and to prepare plans, maps or profiles
+of the same, and to make estimates and furnish specifications for any of said
+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
+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
+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
+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
+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,
+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:
+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
+office created by the statutes of the state must be so abolished. The council
+may, by ordinance, consolidate any of the offices, the appointment to which is
+made by the mayor with the advice and consent of the council, and may require
+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:
+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
+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:
+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:
+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)
+years and one for the term of one year, and until the qualifications of their
+successors 1 .
+No person shall be eligible to the office of alderman unless he shall be
+taxpaying freeholder within the city limits. He shall also be a resident of the
+ward so electing him, or a resident of an area which has been annexed by the
+city and placed in a ward, for at least one year preceding such election 2 .
+(1967 Code)
+ 
+Notes
+1 1. RCM 11-711.
+2 2. RCM 11-714.
+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
+requisition, giving reasonable notice thereof in writing to all members of the
+council present in the city, which notice will be served by the marshal. At the
+regular meetings shall be transacted the municipal business of the city, as it
+may come up from time to time, and any regular meeting may be adjourned to any
+future date not exceeding the time for the next regular meeting, and any number
+of times. At any special meeting shall be transacted only that business for
+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:
+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
+proceed to business in the following order:
+Reading, amending and approving the minutes of the previous meeting.
+Report to officers.
+Report of standing committees.
+Allowance of claims against the city.
+Presentation of petitions and communications.
+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:
+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
+officer to require their attendance; provided, however, that when a quorum
+consists of three (3) members only, any action taken must be by unanimous vote.
+If they refuse to attend after being notified by the chief of police or other
+police officer, they shall be fined by the presiding officer of the council in
+a sum not less than five dollars ($5.00) nor more than ten dollars ($10.00)
+which fine when entered on the journal of the council shall be deducted from
+the compensation allowed or to be allowed to such alderman; provided, if said
+failing member at a subsequent meeting of the council renders an excuse which
+shall be satisfactory to the council, he shall be released from said fine.
+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:
+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
+whole number of the members elected is requisite to appoint or elect an
+officer, and such vote must be recorded 1 . (1967 Code)
+ 
+Notes
+1 1. RCM 11-1014.
+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
+his place 1 . (1967 Code)
+ 
+Notes
+1 2. RCM 11-804.
+CHAPTER 8
+CITY COURT
+SECTION:
+1-8-1: City Court Hours
+1-8-2: Duties Of City Judge
+1-8-3: Arrests; Complaints
+1-8-4: Bail Bond
+1-8-5: Cash Bond
+1-8-6: Collection Of Costs
+1-8-7: Reports
+1-8-8: Acquittal
+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:
+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:
+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:
+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:
+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:
+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
+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:
+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
+fines and costs imposed and whether the same have been paid, and the number of
+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:
+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
+complainant to pay the costs of the action, or to give satisfactory security by
+a written undertaking with one or more sureties to pay the same within thirty
+(30) days after the trial. If the complainant does not pay the costs or give
+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:
+1-9-1: Registration
+1-9-2: Qualification Of Electors
+1-9-3: Voters; Disqualification
+1-9-4: Biennial Election
+1-9-5: Precincts
+1-9-6: Notice
+1-9-7: Judges And Clerks Appointment
+1-9-8: Name Must Appear On Register
+1-9-9: Certificates Of Nomination
+1-9-10: Certificate, Where Filed, Contents
+1-9-11: Nomination Requirements
+1-9-12: Certificates To Be Preserved One Year
+1-9-13: Nominees To Pay Prescribed Filing Fee
+1-9-14: Filing Fees
+1-9-15: Nomination Declined
+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:
+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:
+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
+(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:
+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:
+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:
+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:
+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:
+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
+shall qualify and conduct the election, canvass the votes and make returns
+thereof to the clerk in all respects as required by the laws of the state of
+Montana for conducting the general elections, as far as the same are applicable
+to city elections. In the event that any judge or clerk of election, appointed
+by the council, shall fail to appear and qualify at the time and place for
+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:
+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:
+Candidates for municipal office may be nominated in the following manner:
+   (A)   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
+political subdivision in and for which the officer or officers are to be
+elected in the following required numbers:
+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
+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
+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
+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:
+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:
+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:
+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
+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:
+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
+($1,000.00) or less per annum - ten dollars ($10.00);
+   (B)   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:
+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:
+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:
+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:
+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:
+1-10-1: Publication
+1-10-2: Posting
+1-10-3: Effective Date
+1-10-4: Ordinance Books
+1-10-5: Destruction Of Records
+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:
+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
+purpose by the clerk, who shall append to each ordinance, bylaw and resolution,
+when so recorded and posted, over his signature, the following certificate:
+"Posted for thirty (30) days,                Clerk", and the record of said
+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:
+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
+appropriation ordinances providing for the ordinary and current expenses of the
+city, excepting also, emergency measures and in the case of emergency measures,
+the emergency must be expressed in the preamble or in the body of an ordinance,
+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:
+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:
+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
+a violation of this section shall be deemed guilty of a misdemeanor 1 . (Ord.
+1, 5-5-1913; amd. 1967 Code)
+ 
+Notes
+1 1. RCM 11-805, 11-1102.
+   
+CHAPTER 11
+SALARIES AND WAGES
+SECTION:
+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:
+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
+special improvement district or districts created during the year 1976 and
+thereafter for any purpose, in order to secure prompt payment of any special
+improvement district bonds or warrants hereafter issued in payment of
+improvements made therein, and the interest thereon as it becomes due. For the
+purpose of providing funds for such revolving fund the council may in its
+discretion, from time to time, transfer to the said revolving fund from the
+general fund of the city such amount or amounts as may be deemed necessary,
+which amount or amounts so transferred shall be deemed and considered, and
+shall be, loans from such general fund to the revolving fund, and shall in
+addition to such transfer or transfers from the general fund, or in lieu
+thereof, levy and collect for such revolving fund such a tax, hereby declared
+to be for a public purpose, on all the taxable property in said city or town as
+shall be necessary to meet the financial requirements of such fund, such levy,
+together with such transfer, not to exceed in any one year five percent (5%) of
+the principal amount of the then outstanding special improvement district bonds
+and warrants. Whenever any special improvement district bond or warrant, or any
+interest thereon, shall become due and payable, and there shall then be either
+no money or not sufficient money in the appropriate district fund with which to
+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:
+2-1-1: Duties Of City Superintendent Regarding Water System
+2-1-2: Rules And Regulations
+2-1-3: Application For Water
+2-1-4: Charges For Connections
+2-1-5: Discontinuance Of Service At Request Of Owner
+2-1-6: Responsibility For Service Pipes And Fixtures
+2-1-7: Seasonal Rules; Violations; Penalties
+2-1-8: Using Water During Fire Prohibited
+2-1-9: Tapping Water Mains; Authorized Persons
+2-1-10: One Connection For Two Or More Buildings Prohibited; Exceptions
+2-1-11: Shutting Off Water At Mains
+2-1-12: Unlawful Acts
+2-1-13: Water Meters And Permits
+2-1-14: Water Meters; Property Of City
+2-1-15: Water Meters To Have Cutoffs; Bypass
+2-1-16: Licensed Person Only To Install
+2-1-17: Bond For Water Connection Work
+2-1-18: Curb Stops
+2-1-19: New Construction And Total Reconstruction; Connection To City Water
+2-1-20: Private Water Supply; Permit Required
+2-1-21: Private Water Supply; No Connection To City Water System
+2-1-22: Establishment Of Water Rates
+2-1-23: Water Rates; Payable
+2-1-24: Water Service; Delinquent Accounts; Violation
+2-1-25: Deposit For New Accounts
+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:
+The city superintendent shall have the following duties regarding the city
+water department:
+   (A)   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
+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
+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
+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
+by the city, of all books and papers regarding the water system.
+   (F)   Permits: Issue all permits for tapping mains and shall keep record of
+all taps, service pipes, their size, location, material and all data pertaining
+to same.
+   (G)   Pump Record: Cause to be kept a daily record of all the work of each
+pump, the pressure maintained, the number of gallons pumped and such other data
+as may be necessary.
+   (H)   Gates And Hydrants: See that all gates and hydrants are restored to
+their proper condition after use by the fire department and shall see that all
+breaks or defects, should any be discovered, are repaired as necessary and as
+resources permit.
+   (I)   Taps And Service Pipes: Shall require that service pipes and
+connections be properly laid and curb stops placed in their proper location,
+and record kept of same.
+   (J)   Meters: Keep a true record of each meter in use and test any meters
+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:
+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:
+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
+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:
+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:
+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
+such premises shall be immediately due and payable to the city. The water will
+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:
+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
+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:
+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
+the city council shall be given a warning by the city. A person who violates
+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:
+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:
+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:
+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
+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:
+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:
+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
+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
+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
+means, free access to any water meter or to interfere with, obstruct or
+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:
+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:
+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:
+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:
+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:
+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
+($100,000.00) protecting the city against all loss or damage which may occur on
+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:
+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:
+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:
+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:
+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:
+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
+from time to time by resolution and in accordance with title 69, chapter 7,
+part 1 et seq.
+The charges for water furnished by the city to a customer whose property has
+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:
+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:
+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
+delinquency which continues thirty (30) days or more shall result in
+termination of water service unless arrangements acceptable to the city have
+been made. The city shall have an action at law for the collection of
+delinquent charges, interest at the legal rate from the date of delinquency,
+costs and attorney fees.
+Once terminated, the water service shall not be restored until the customer's
+account is paid in full, including both current and delinquent charges, or
+until arrangements acceptable to the city have been made. The city shall have
+the sole discretion to decide what arrangements, if any, are acceptable.
+Whenever the water supply shall be shut off in the service pipe for nonpayment,
+before service is reinstated, the customer shall pay a fee as determined by
+resolution of the city council and payable at the time that service is turned
+on again; and in the event that the authorized city representative has to dig
+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:
+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:
+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:
+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:
+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:
+3-1-1: Building Permits
+3-1-2: Plan Review
+3-1-3: Inspections
+3-1-4: Inspector Qualifications And Duties
+3-1-5: Factory Built Buildings
+3-1-6: Permit Fees
+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
+completed application to the building inspector.
+   (B)   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
+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
+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
+building plan review and for issuance of building permits.
+   (B)   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
+within fifteen (15) working days of submission of a completed application.
+   (D)   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.
+   (E)   One such approved set of plans and specifications shall be retained by
+the building inspector as a public record, for a period of not less than ninety
+(90) days from the date of completion of the work covered therein, and one set
+of approved plans and specifications shall be returned to the applicant, which
+set shall be kept on such building or work site at all times during which the
+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:
+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
+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).
+   (E)   Frame (walls, trusses, rafters, floor, etc.).
+   (F)   Energy efficiency (insulation, glazing, etc.).
+   (G)   Wallboard.
+   (H)   Final - issue certificate of occupancy.
+   (I)   Reroof/Re-side - tear off, in progress and final.
+Written inspection reports or verbal communication will be conveyed to the
+contractor, job superintendent, design professional or owner with a copy or
+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
+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
+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:
+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
+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:
+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:
+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:
+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
+of appeals, consisting of five (5) members, who are qualified by experience and
+training to pass upon matters pertaining to building construction. The board of
+appeals shall be appointed by the mayor with approval by the city council and
+shall hold office at their leisure. The board shall adopt reasonable rules and
+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,
+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
+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
+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:
+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
+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"),
+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
+"IRC"), 2012 edition, as described in and amended by section 24.301.154 ARM.
+   (C)   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.
+   (E)   International mechanical code, 2012 edition - effective: December 1,
+2014.
+   (F)   International fuel gas code, 2012 edition - effective: December 1,
+2014.
+These codes are hereby adopted and incorporated herein as if fully set out in
+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
+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
+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,
+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
+upon request the said record of elevations.
+   (B)   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,
+collapse or lateral movement of the structure;
+      2.   Use construction materials and utility equipment that are resistant
+to flood damage; and
+      3.   Use construction methods and practices that will minimize flood
+damage.
+   (C)   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
+avoid impairment of them or contamination from them during flooding. (Ord. 208,
+3-8-1978; amd. Ord. 305, 4-17-2012)
+ 
+Notes
+1 2. See also chapter 4 of this title.
+CHAPTER 3
+AWNINGS AND SIGNS
+SECTION:
+3-3-1: Awning Requirements
+3-3-2: Sign 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
+sidewalk along the front or sides of such building, and shall not project over
+to exceed three-fourths (3/4) of the width of such sidewalk, and such awning
+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:
+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
+sidewalk in the city, unless the same shall be, at the lowest part, at least
+eight feet (8') from the surface of the sidewalk, and shall not project over to
+exceed three-fourths (3/4) of the width of such sidewalk in the case of
+electrically lighted signs made of metal and glass, and one-half (1/2) of the
+width of the sidewalk in the case of all other signs, and such sign, signboard,
+carved figure or emblem shall be supported on posts or by safe and substantial
+iron brackets or frames attached firmly to the building. Supporting posts for
+such signs shall be so placed as to not obstruct the main traveled portion of
+the sidewalk; provided, however, that tobacco signs, carved figures, barber
+poles and bulletin boards may be placed upon the sidewalk next to the building
+line, but shall not extend outwardly from said line to exceed two feet (2'),
+nor in height to exceed six feet (6') above the surface of the sidewalk, and be
+securely fastened so as to eliminate all danger of being tipped over by the
+wind or otherwise, and the fastening of all signs, signboards, carved figures
+or emblems, tobacco signs, barber poles, bulletin boards, private lamps or
+light shall be to the satisfaction of the street commissioner or engineer.
+Provided that when any sign as above described is placed on a street which is a
+federal, interstate or state highway, the outermost portion of the overhanging
+device shall be at least five feet (5') behind the face of the curb, or where
+there is no curb, from the shoulder of the road, and further, the lowest
+portion of the overhanging device shall be at least ten feet (10') above the
+top of the curb or sidewalk or highway shoulder elevation 1 . (Ord. 169, 3-18-
+1968)
+ 
+Notes
+1 1. RCM 11-972.
+CHAPTER 4
+FLOODPLAIN AND FLOODWAY MANAGEMENT 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:
+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
+program. Land use regulations which are hereby adopted are to be applied to all
+identified 100-year floodplains within local jurisdiction. (Ord. 258, 5-21-
+1991)
+ 
+Notes
+1 2. MCA 76-5.
+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:
+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:
+4-1-1: Assembly, Unlawful
+4-1-2: Billposting
+4-1-3: Broken Glass On Streets
+4-1-4: Disturbing The Peace
+4-1-5: Drunkenness
+4-1-6: Lug Wheels
+4-1-7: Playing Ball On Streets Prohibited
+4-1-8: Vagrancy
+4-1-9: Minor; Possession Of Beer Or Liquor
+4-1-10: Peeping Persons
+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:
+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:
+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:
+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
+threatening, traducing, quarreling, challenging to fight, or fighting, or use
+any vulgar, profane or indecent language or gestures within the presence, sight
+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:
+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:
+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
+upon such concrete crosswalks, planks of the thickness of not less than three
+inches (3"), upon which planks said traction engine shall be taken, drawn,
+propelled or run, and, provided further, that such traction engine, or the
+wheels thereof, shall not in any manner be permitted to rest upon or touch such
+concrete crosswalk, and, provided further, that the use of planks as above
+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:
+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
+1 2. RCM 11-943.
+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:
+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
+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
+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
+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:
+4-2-1: Definitions
+4-2-2: Authority Of City Animal Control Officer
+4-2-3: Vaccination And Licensing Of Dogs And Cats
+4-2-4: Violations Under This Chapter
+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:
+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
+and shall include, but not be limited to, horses, mules, asses, cattle, sheep,
+goats, chickens, ducks, turkeys, cats and dogs.
+AT LARGE: Intended to mean the presence of an animal away from the premises of
+the owner, and not under the control of the owner or person authorized by the
+owner to have control either by leash, cord, chain or otherwise.
+CONTROL: Obedient to a competent person's commands, or within the proper limits
+of the premises or vehicle controlled by the owner or other person consenting
+thereto.
+DOGS: All canines, whether male or female, neutered or unneutered.
+GUARD OR ATTACK DOG: A dog trained to attack any person or creature coming upon
+the premises containing such dog, or dogs trained to attack upon command.
+IMPOUND: To sequester an animal at a place provided by the city for the keeping
+or the holding of animals.
+KENNEL: Any lot, building, structure or premises where three (3) or more
+sexually unaltered dogs or cats over the age of four (4) months are kept or
+maintained for sale or for the business of boarding, training or breeding for a
+fee.
+NUISANCE ANIMAL OR PUBLIC NUISANCE: The keeping of any animal which disturbs
+the peace and quiet or endangers the repose or health of persons by biting or
+by frequent or habitual barking, howling or yelping, or which defecates,
+urinates, scratches or digs in any lawn, tree, shrub, plant, building or any
+other property, private or public, other than the property of the owner, or any
+dog which upsets or disturbs garbage cans or disturbs or strews garbage
+belonging to any person. A public nuisance shall also include the keeping or
+maintenance of any pen enclosure, stable or building for any animal or animals
+which is offensive to neighbors or passersby or which is injurious to the
+health of the neighborhood.
+OWNER: Any person who owns, keeps or harbors an animal.
+PERSON: Any person, firm, association, organization, partnership, business
+trust, corporation, company or other entity.
+POUND: All places where impounded animals are to be confined, whether by a
+public agency or by a private person or persons under contract or agreement
+with a public agency.
+VACCINATE: The inoculation of a dog or other animal.
+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
+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,
+or to ascertain if any of the provisions of this chapter or any state laws
+relating to the cruelty of animals, or the care, treatment or impoundment of
+animals is being violated, provided there is probable cause to believe there is
+a violation. The officer shall have the authority to employ the use of a
+tranquilizer gun or any other animal control device in common use within the
+state. The officer has authority to take up and impound all animals in
+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
+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
+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
+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
+in the amount of five dollars ($5.00). After January 31 of each year, during
+the year, within fifteen (15) days after a dog or cat reaches the age of four
+(4) months, or within fifteen (15) days after any dog or cat over the age of
+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
+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
+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
+reduced license fee is sought by the owner. In addition, the owner shall give
+his or her name, address and place, if different from owner's address, where
+the dog or cat will be kept.
+   (E)   The owner shall permanently affix or cause to be affixed to the dog or
+cat the license tag purchased for that dog or cat and said dog or cat shall
+thereafter, at all times, have the dog or cat tag attached to it.
+   (F)   Dog or cat license tag shall not be transferable between owners or
+from one to another dog or cat.
+   (G)   Dogs or cats belonging to nonresidents of the city, which are licensed
+and vaccinated in another jurisdiction, for the valid period of such license,
+are exempt from the license and vaccination requirements of this chapter. All
+other dogs or cats within the city are subject to the license requirements of
+this chapter. (Ord. 263, 3-16-1993)
+   (H)   (Rep. by Ord. 274, 6-2-1998)
+   (I)   Any person keeping or harboring any "guard or attack dog" within the
+city, as defined in this chapter, shall immediately register with the city
+clerk a description of such dog, giving the address of the premises where the
+dog will be kept within the city and the name of the owner of the dog. The fee
+for the licensing of a guard or attack dog shall be fifteen dollars ($15.00).
+In addition, the owner or person harboring or keeping such dog shall keep said
+dog under strict physical control, confined within a physical enclosure from
+which said dog cannot be reasonably expected to escape and within which other
+persons or animals cannot reasonably be expected to enter. If, at any time, the
+guard dog is not within the physical enclosure, such animal must be on a leash
+not greater than six feet (6') in length and must be muzzled. The owner or
+person harboring such dog shall post, in a conspicuous place on the premises
+containing such dog, a sign of not less than twelve inches by twelve inches
+(12" x 12") in dimension, bearing the legend:
+   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
+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
+this chapter. (Ord. 263, 3-16-1993)
+   (C)   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.
+   (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
+times.
+   (F)   No owner or other person harboring or keeping a female dog in heat
+shall permit such dog to be or remain upon any public place in the city or to
+be or remain upon private property within the city unless such dog is confined
+in a physical enclosure from which such dog cannot reasonably be expected to
+escape and within which no other dog may obtain access, except for the purpose
+of planned breeding.
+   (G)   No owner or keeper of any dog or other animal shall abandon said
+animal in the city. (Ord. 225, 2-17-1981, eff. 2-19-1981)
+   (H)   No person shall own, keep or harbor any animal that is infected with a
+disease transmissible to a human, or disease which otherwise constitutes a
+public health hazard. No person shall permit such infected animal to be or to
+remain within the city other than in the custody of a veterinarian.
+   (I)   Upon the demand made by an officer for reasonable cause, any person
+owning or controlling any dog or cat, or in possession of the premises in which
+a dog or cat is located, shall exhibit such dog or cat and any license which is
+issued to such dog or cat. The term "reasonable cause" shall include, but not
+be limited to, a licensing canvass conducted by the city, or its contractual
+agent. (Ord. 263, 3-16-1993)
+   (J)   Every person owning or having control of any horses, mules, asses,
+cattle, sheep, goats, chickens, ducks or turkeys, except the domesticated cat,
+or any wild animals capable of domestication, shall keep the same within or
+upon his own premises at all times, except when animals are necessarily passing
+through the public street, at which times the animal or animals shall be tended
+by some person competent to control and prevent them from damaging or troubling
+any person or property.
+   (K)   No person shall keep swine in the city. Swine may not be brought
+within the limits of the city except for marketing purposes or when traveling
+through the city on a direct route to a destination outside of the city. (Ord.
+225, 2-17-1981, eff. 2-19-1981)
+   (L)   No person shall keep or maintain a kennel in the city. (Ord. 275, 6-2-
+1998)
+   (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:
+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
+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
+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
+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
+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
+is deemed to be so vicious, the city judge shall order it destroyed within five
+(5) days. If the animal is not deemed to be vicious, it shall be released and
+returned to the owner, but the owner shall be assessed with the feeding, care
+and other expenses of the impoundment, together with fines or penalties for
+violation of any other section of this chapter. Provided, however, that if a
+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
+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
+therein and such animal shall be subject to sale or disposal by the officer or
+authorized person as provided herein. If the impounded animal is properly
+licensed and wearing a valid tag, then actual or written notice shall be given
+to the owner. Written notice shall be mailed to the owner of any such animal to
+the address listed on the license application and notice is deemed complete
+upon placing such notice in the mail. Actual notice may be given to an owner by
+phone or in person. If the owner fails to redeem said impounded animal within
+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
+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
+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
+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
+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
+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
+fifty dollars ($250.00), for second offense seventy five dollars ($75.00) to
+two hundred fifty dollars ($250.00) and third offense one hundred dollars
+($100.00) to two hundred fifty dollars ($250.00). Any person violating any
+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
+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)
+   (E)   Every person violating provisions of this chapter shall be guilty of a
+separate offense for each day or portion thereof during which such violation
+continues and shall be punishable therefor as is provided in this section.
+   (F)   Whenever an animal is to be put to death under this chapter, except
+for infection with rabies, the owner or other person may apply to the city
+judge for permission to remove the animal permanently from the city. Upon the
+filing of each person's written agreement to remove such animal and to be
+responsible for the permanent absence of such animal from the city, the city
+judge may, in his discretion, order such animal to be removed from the city
+instead of being put to death. (Ord. 225, 2-17-1981, eff. 2-19-1981)
+   (G)   Notwithstanding any of the provisions to the contrary hereinabove set
+forth in this chapter, any person violating any provision of this chapter
+relative to cats is guilty of a misdemeanor, and upon conviction 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).
+   (H)   Any person violating subsection
+4-2-4(M) of this chapter is guilty of a misdemeanor, and upon conviction
+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
+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
+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
+19, 1981.
+   (D)   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
+(Rep. by Ord. 203, 3-21-1977)
+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:
+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
+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:
+4-5-1: Loitering Of Minors Prohibited
+4-5-2: Responsibility Of The Parents
+4-5-3: Violation Of Chapter
+4-5-1: LOITERING OF MINORS PROHIBITED:
+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,
+cafes, theaters and places of amusement and entertainment, vacant lots or other
+unsupervised places, between the hours of ten thirty o'clock (10:30) P.M. and
+five o'clock (5:00) A.M. of the next day on Sundays, Mondays, Tuesdays,
+Wednesdays, and Thursdays of each and every week and between the hours of
+twelve o'clock (12:00) midnight until five o'clock (5:00) A.M. of the next day
+on Friday and Saturday of each week; provided, however, that during school
+vacation periods the hours shall be the same as on Friday and Saturday; and
+provided, however, that the provisions of this section do not apply to a minor
+accompanied by his or her parents, guardian, or other adult person having the
+care and custody of the minor, or where the minor is upon an emergency errand
+or legitimate business directed by his parent, guardian or other adult person
+having the care and custody of the minor. The provisions of this section shall
+not apply to a minor while engaged in any gainful occupation or employment for
+his livelihood or part of his livelihood nor while going to and from such
+employment. Any minor under eighteen (18) years of age who is living with his
+parents or one of them, or guardian, or with any foster parent, who is absent
+from his home during the prohibited hours, shall carry with him upon his person
+the written permission of his parent, guardian or foster parents to be absent
+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:
+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
+streets, highways, roads, alleys, parks, playgrounds, or other public grounds,
+public places and public buildings, cafes, theaters and places of amusement and
+entertainment, vacant lots or other unsupervised places, between the hours of
+ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. of the next day on
+Sundays, Mondays, Tuesdays, Wednesdays and Thursdays of each and every week and
+between the hours of twelve o'clock (12:00) midnight and until five o'clock (5:
+00) A.M. of the next day on Friday and Saturday of each week; provided,
+however, that during school vacation periods, the hours shall be the same as on
+Friday and Saturday; and provided, however, that the provisions of this section
+do not apply when the minor is accompanied by his parent, guardian, or other
+adult having the care and custody of the minor, or where the minor is upon an
+emergency errand or legitimate business directed by his parent, guardian, or
+other adult person having the care and custody of the minor; provided further,
+that any minor under eighteen (18) years of age who is living with his parents
+or one of them, or guardian, or with any foster parent or parents, who is
+absent from his home during the prohibited hours, shall carry with him upon his
+person the written permission of his parent, parents, guardian or foster
+parents, to be so absent 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. In any prosecution under this section it shall not constitute a
+defense thereto that the parent, guardian, or other adult person having the
+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:
+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
+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:
+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
+4-6-4: Special Police; Identifying Emblem
+4-6-5: Unauthorized Warning Or All-Clear Signals Prohibited
+4-6-6: Liability
+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:
+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
+such periods as are authorized or ordered by the army or navy and to promulgate
+such orders, rules and regulations as may be necessary to ensure the success of
+the blackouts and air raid protection measures and to protect life and property
+during said periods, and to these ends, he may cause the demolition of
+buildings and other structures. The orders, rules, and regulations shall
+include traffic movements of emergency or other vehicles, evacuation of
+residents, congregation of persons on public streets, sidewalks, and in public
+places or buildings, but this enumeration shall not be taken as a limitation on
+the power to promulgate orders, rules, regulations governing any subject,
+persons or property which must be regulated in order to ensure the proper
+carrying out of any duly authorized blackout or raid protection measure.
+Practice blackouts and air raid drills may be carried out at such times and for
+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:
+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:
+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:
+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
+service of such special police, they shall possess all the powers and
+privileges and perform all the duties of privates in the standing police force
+of the city. The special police must wear such identifying emblem as may be
+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:
+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:
+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,
+receiver, firm, partnership, corporation, association, or trustee, or any of
+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:
+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
+air raid, the police or the special police authorized herein, are authorized
+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:
+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:
+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:
+4-7-1: Riot Defined
+4-7-2: Violations
+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:
+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
+rioters.
+Whenever two (2) or more persons assemble together to do an unlawful act, and
+separate without doing or advancing toward it, or to do a lawful act in a
+violent, boisterous or tumultuous manner such assembly is an unlawful assembly
+and may be dispersed.
+Every person remaining present at the place of any riot or unlawful assembly,
+after they have been lawfully warned to disperse, except city and police
+officers and persons assisting them in attempting to disperse the same, shall
+be guilty of violation of this chapter.
+Where any number of persons, whether armed or not, are unlawfully or riotously
+assembled, the chief of police, police, or the officials governing the city
+must go among the persons assembled, or as near to them as possible, and
+command them in the name of the city immediately to disperse.
+If the persons assembled do not immediately disperse, such authorized officers
+must arrest them, and to that end may command the aid of all persons present or
+within the city, and in making such arrest or arrests the authorized officers
+shall use such force as is reasonably necessary in making the arrest and that
+all persons assisting at the command of the officer or officers shall likewise
+be authorized to use the same degree of force.
+Every endeavor must be used by the officers authorized to make arrests in riots
+or riotous assembly within the city to induce or force the rioters to disperse
+before an attack is made upon them by which their lives are endangered, and
+that no officer or persons assisting shall fire upon such assembly of rioters
+unless he or others are threatened by the imminence of great bodily harm or
+death at the hands of such rioters.
+Any able bodied male citizen who on command of the chief of police of the city,
+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:
+4-8-1: Short Title
+4-8-2: Definitions
+4-8-3: Issuance Of License
+4-8-4: Restrictions On Licensing
+4-8-5: Denial Of License
+4-8-6: Application For License
+4-8-7: Ineligibility Of Applicant
+4-8-8: Owner Of Premises
+4-8-9: Change Of Ownership
+4-8-10: Names On License
+4-8-11: Licensee Shall Report Leases
+4-8-12: Applicant Deemed To Accept Risks
+4-8-13: Refusal To Answer Questions
+4-8-14: Furnishing Information
+4-8-15: Separate License Application
+4-8-16: Delivery Of Application; Investigation
+4-8-17: Name Of Licensee
+4-8-18: Investigation Of Licensee
+4-8-19: Issuance Of Citation
+4-8-20: Hearing; Council Decision
+4-8-21: Hearing Examiner
+4-8-22: Examination Of Premises
+4-8-23: Renewal Of License
+4-8-24: Gambling; When Lawful
+4-8-25: Minors
+4-8-26: Hours Of Operation
+4-8-27: Revocation Of License
+4-8-28: Refusal Of Service
+4-8-29: Employment Of Law Officer
+4-8-30: Records Of Operation
+4-8-31: Persons Who May Not Hold License
+4-8-32: Dealer's Permit
+4-8-33: Application For Dealer's Permit
+4-8-34: Persons Prohibited Dealer's Permit
+4-8-35: Dealer's Permit May Be Revoked
+4-8-36: Restrictions Of Tables; License Amendment
+4-8-37: Temporary License
+4-8-38: Fees
+4-8-39: Fees Paid In Advance
+4-8-40: Revocable Privilege
+4-8-41: Collection Of Fees
+4-8-42: Violation; Penalty
+4-8-43: Lien; Seizure Of Property
+4-8-44: Coin Operated Poker Machines
+4-8-1: SHORT TITLE:
+This chapter may be cited as the CHOTEAU GAMING ORDINANCE. (Ord. 192, 10-21-
+1974)
+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,
+panguingue, pinochle, pitch, rummy, whist, solo and poker.
+CARD GAME: Any game played with cards for which the prize is money or any item
+of value.
+DEALER'S PERMIT: A permit issued by this city authorizing an individual to
+deal, supervise, participate in, conduct and operate authorized card games and
+games of chance as an agent, servant, employee, or independent contractor for a
+licensee on a premises for which a gaming license or temporary license has been
+issued pursuant to this chapter; provided, however, that a dealer's permit
+shall not be required for bingo, pitch, pinochle and rummy.
+EQUIPMENT: (A) With respect to bingo, the receptacle and numbered objects drawn
+from it, the master board upon which such objects are placed as drawn, the
+cards or sheets bearing numbers or other designations to be covered and the
+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
+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
+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
+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
+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
+card. It shall be unlawful to, in any manner, combine any award so as to
+increase the ultimate value of such award.
+GAMING LICENSE: A license issued by this city to a qualified person under which
+it shall be lawful for the licensee to provide a place and equipment for the
+conduct of and operate games of chance and authorized card games, as provided
+in this chapter and the Montana card games act and the bingo and raffles law.
+GAMING MACHINE: Any implement, device, equipment, or machine designed, intended
+or used for the conduct of raffles or the receptacle and master board used for
+the conduct of bingo.
+GAMING TABLE: A piece of furniture used as a surface for playing any authorized
+card game.
+LICENSEE: The person to whom a license is issued.
+MINOR: An individual under the age of eighteen (18) years.
+PERSON: Every individual, copartnership, or corporation, who owns or operates
+premises which have been licensed for the sale of liquor, beer, food,
+cigarettes, or any other consumable product, or any person who owns or operates
+premises on which any game of chance is operated.
+POKER MACHINES: Any machine, device, or equipment, which serves as a substitute
+for a card game legal within the state of Montana and for which there is the
+possibility of any cash or other prize of monetary value other than the reward
+by the player of additional games. If the owner, operator, or distributor of
+such machine offers to or otherwise makes payment of any kind other than the
+allowance or permission of the individual to play additional games, such device
+is a poker machine.
+PREMISES: Any building, structure, lot or parcel of real property under the
+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:
+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:
+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
+house of ill fame;
+   (B)   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
+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
+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
+been a resident of the state of Montana for at least one year immediately
+preceding the filing of the application for a license;
+   (F)   A person who is not the owner and operator of the business licensed
+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:
+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,
+schools and children's public playgrounds;
+   (B)   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
+construction. (Ord. 192, 10-21-1974)
+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
+and number of the premises where authorized card games and games of chance are
+to be conducted under the license applied for. The application shall state the
+names of all individuals and persons financially interested in the premises,
+the license sought or the business conducted on the premises. The application
+must be accompanied by satisfactory evidence that the applicant is currently
+licensed for the sale of liquor, beer, food, cigarettes or any other consumable
+product, and the applicant must further authorize the chief of police, or other
+authorized person, to investigate the applicant's character, background and
+associations, and the suitability of the premises for gaming. The license
+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:
+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:
+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
+address of the owner or owners of such premises, a copy of all agreements
+whereby the applicant is entitled to possession of the premises and such other
+information as the council may require. In all cases in which the premises are
+wholly or partly owned by the applicant, the applicant shall furnish to the
+council complete information pertaining to the interests held by any person
+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:
+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:
+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
+entity exists regardless of the form of organization, it may require that all
+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:
+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
+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
+and the lessor other than by the lease. (Ord. 192, 10-21-1974)
+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:
+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:
+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
+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,
+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:
+Articles of incorporation and certificate of incorporation.
+Bill of sale.
+Joint venture agreement.
+Lease agreement.
+Management agreement.
+Partnership agreement.
+Purchase agreement
+Trust agreement. (Ord. 192, 10-21-1974)
+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:
+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
+accompanying documents to the chief of police or other authorized person, who
+shall conduct the investigation mentioned above and who shall within one month
+of receipt thereof, unless the council has granted an extension, deliver the
+application and accompanying documents to the city council. If his
+investigation has revealed any information that would make the applicant
+ineligible for issuance of a license, he shall deliver evidence of the same to
+the council. The council shall, at its next regular meeting following receipt
+thereof, or at any special meeting called for that purpose consider the
+application and shall notify the applicant of the hearing. The council may in
+its discretion decline to authorize a license if the applicant is ineligible or
+in the judgment of the council, it will be in the best interests of the city to
+refuse such license. Upon such refusal, the license fee paid by the applicant,
+less the sum of twenty five dollars ($25.00), which shall be retained as an
+application fee, shall be returned to the applicant. The council may, in its
+discretion, require any individual named in the application to testify before
+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:
+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
+is a partnership, it shall set forth the names of the partners conducting the
+business, and if a corporation, or association, the names of the officers and
+directors. The license shall be signed by the licensee or its president and
+shall be nontransferable, provided, however, that a transfer of any such
+license may be made on application to the council, accompanied by satisfactory
+evidence of the consent of the authority which has issued a license for the
+sale of liquor, beer, food, cigarettes or any other consumable product on the
+premises that that license may be transferred. The license issued pursuant to
+this chapter shall be posted in a conspicuous place on the premises in respect
+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:
+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:
+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
+complaint, the council shall forthwith issue a citation directing the licensee
+to appear before the council or a hearings examiner appointed by said council,
+within ten (10) days after the date of the service of said citation, and by
+filing his verified answer to the complaint show cause, if any, why his license
+should not be suspended or revoked. Service of the citation may be effected by
+mailing a true copy thereof with a true copy to the address of record or
+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:
+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
+licensee. The notice of hearing shall be served in the same manner as the
+citation herein provided. With the notice of the hearing to the complainant,
+there shall be attached a true copy of the answer of the licensee. If either
+party has appeared by counsel, notice shall be served on counsel instead of on
+the party. At the hearing, the council or its appointed hearings examiner shall
+hear the evidence presented. The hearing shall be conducted in accordance with
+the rules of evidence in effect in the courts of the state of Montana. The
+complainant shall have the right to open and close the hearing. The council
+shall render its decision in writing stating the reasons therefor twenty (20)
+days after conclusion of the hearing. Notice of the decision shall be served
+upon the parties or their counsel in the manner herein provided for other
+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:
+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:
+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
+bingo and raffles law are being complied with. (Ord. 192, 10-21-1974)
+4-8-23: RENEWAL OF LICENSE:
+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:
+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:
+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:
+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:
+00) A.M. (Ord. 192, 10-21-1974)
+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
+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
+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
+liquor, beer, food, cigarettes or other consumable products on the premises;
+   (D)   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;
+   (F)   Employing in any capacity in or about any licensed establishment any
+individual who has been denied a gaming license.
+   (G)   For a violation of this chapter if such a violation is found to have
+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:
+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
+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:
+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:
+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:
+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:
+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:
+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:
+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:
+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:
+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
+(2) games of bingo or two (2) raffles at any time, or more than the number of
+tables and machines authorized by his license, whichever is fewer. Any licensee
+may at any time increase the number of gaming tables or gaming machines
+authorized on his premises up to the maximum authorized by this chapter by
+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:
+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
+cigarettes or other consumable products, or for which a gaming license has been
+issued, may apply to the city clerk for a temporary license, which license
+shall be issued in the same manner as gaming licenses issued under this
+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:
+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
+($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);
+   (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:
+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,
+shall be issued for a period of one year, which shall commence on July 1 of
+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:
+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:
+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:
+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:
+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
+other lien, claims or other demands of the United States and the state of
+Montana, or either of them, and if any person fails or refuses to procure a
+license before the transaction of any games, the chief of police, or other
+authorized person, must seize such property or any other property belonging to
+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
+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,
+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,
+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:
+4-9-1: General Jurisdiction
+4-9-2: Police Procedure And Involvement Regarding Incidents Outside The City
+Limits
+4-9-1: GENERAL JURISDICTION:
+The city police shall have authority and power to make arrests of persons
+committing or charged with a crime within the corporate limits of the city and
+within a three (3) mile perimeter thereof. (Ord. 249, 5-3-1988)
+4-9-2: POLICE PROCEDURE AND INVOLVEMENT REGARDING INCIDENTS OUTSIDE THE CITY
+LIMITS:
+The city police may patrol within three (3) miles of the corporate limits of
+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:
+4-10-1: Definitions
+4-10-2: Loud Noises Prohibited
+4-10-3: Prohibited Acts
+4-10-4: Noise Levels Limitations; dB(A) Levels
+4-10-5: Noise Levels; Maximum Permissible For Motorized Vehicles
+4-10-6: Exemptions
+4-10-7: Property Owner Liable
+4-10-8: Permit For Relief
+4-10-9: Violation; Penalties
+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:
+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.
+dB(A): Sound levels in decibels measured on an "A" scale of a standard sound
+level meter.
+DECIBEL: The sound pressure level, in decibels, in a logarithmic unit used to
+express the magnitude of sound pressure with respect to a reference sound
+pressure.
+EMERGENCY WORK: Work made necessary to restore property to a safe condition
+following a calamity or work required to protect persons or property from
+exposure to danger or potential danger.
+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:
+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:
+It is unlawful to perform any of the following acts within the city:
+   (A)   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
+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
+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
+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.
+   (E)   Animals: Owning, keeping, having in possession or harboring any
+animals which by frequent, sustained or habitual howling, barking, meowing,
+squawking or any other noise in such a manner as to disturb the quiet, comfort,
+or repose of any normally sensitive and reasonable person.
+   (F)   Exhausts: Discharging into the open air the exhaust of any engine,
+stationary internal combustion engine, motorboat, or motor vehicle, except
+through a muffler or other device which will effectively prevent loud or
+explosive noises therefrom.
+   (G)   Defect In Vehicle Or Load: Operating any truck, trailer, automobile,
+motorcycle, or vehicle so out of repair or so loaded in such a manner as to
+create loud and unnecessary grating, grinding, rattling or other noises.
+   (H)   Loading, Unloading And Opening Containers: Loading, unloading, opening
+or other handling of boxes, crates, containers, garbage containers, or other
+objects in such a manner as to disturb the quiet, comfort or repose of any
+normally sensitive and reasonable person.
+   (I)   Construction Projects Or Repair Of Buildings: Operating equipment or
+performing any construction or repair work between the hours of ten o'clock
+(10:00) P.M. and seven o'clock (7:00) A.M. on buildings, structures or projects
+or operating any pile driver, excavator, pneumatic hammer, derrick, hoist or
+other construction type device in such a manner as to disturb the quiet,
+comfort or repose of any normally sensitive and reasonable person.
+   (J)   Exemption Clause: Any of the above acts performed for emergency work
+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:
+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
+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
+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
+evidence that such noise is excessive or unusually loud. (Ord. 289, 8-15-2000)
+   TABLE I
+   MAXIMUM LIMITS
+ 
+Zones                         8:00 A.M. To 8:00 P.M. 8:00 P.M. To 8:00 A.M
+Residential (A, B and C)      55 dB(A)               50 dB(A)
+  districts
+Business/residential district 65 dB(A)               60 dB(A)
+Central business district     65 dB(A)               60 dB(A)
+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
+applicable.
+   (D)   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:
+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
+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
+identifiable and the level without regard to the ambient must exceed the
+limitations in table II of this section.
+   TABLE II
+   MAXIMUM PERMISSIBLE NOISE LEVELS
+   FOR MOTOR VEHICLES
+ 
+1. Trucks and buses:
+  (a) Over 10,000 pounds                         88 dB(A) measured at 25 feet
+  (b) Under 10,000 pounds                        80 dB(A) measured at 25 feet
+2. Passenger cars                                 80 dB(A) measured at 25 feet
+3. Motorcycles, snowmobiles, minibikes, and other 80 dB(A) measured at 25 feet
+self-propelled vehicles
+ 
+(Ord. 289, 8-15-2000)
+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
+to an emergency call or acting in time of emergency.
+   (C)   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
+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
+street and infrastructure repair and maintenance between the hours of seven
+o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
+   (F)   Athletic events held in stadiums, courts, pools or parks.
+   (G)   Noise resulting from marching bands while practicing or parading.
+(Ord. 289, 8-15-2000)
+4-10-7: PROPERTY OWNER LIABLE:
+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:
+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
+responsibility for examining and responding to the applications to a council
+member or members or the mayor or city employee.
+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
+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
+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
+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:
+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:
+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:
+5-1-1: Definitions
+5-1-2: Duty Of Council
+5-1-3: Location Outside Camps
+5-1-4: Permanent Occupancy
+5-1-5: Application For A License; Issuance Of
+5-1-6: Zoning Of Trailer Camps
+5-1-7: Camp Plan
+5-1-8: Water Supply
+5-1-9: Service Buildings And Accommodations
+5-1-10: Waste And Garbage Disposal
+5-1-11: Number Of Occupants, Trailers
+5-1-12: Management
+5-1-13: Applicability Of Plumbing, Electrical And Building Regulations
+5-1-14: Revocation And Suspension Of License
+5-1-15: Hearing
+5-1-16: Court Review
+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
+designed and constructed in such manner as will permit occupancy thereof as
+sleeping quarters for one or more persons, or the conduct of any business or
+profession, occupation or trade (or use as a selling or advertising device),
+and so designed that it is or may be mounted on wheels and used as a conveyance
+on highways or city streets, propelled or drawn by its own or other motive
+power, excepting a device used exclusively upon stationary rails or tracks.
+TRAILER CAMP: Any park, trailer park, trailer court, court, camp, site, lot,
+parcel or tract of land designed, maintained or intended for the purpose of
+supplying a location or accommodations for any trailer coach or trailer coaches
+and upon which any trailer coach or trailer coaches are parked and shall
+include all buildings used or intended for use as part of the equipment thereof
+whether a charge is made for the use of the trailer camp and its facilities or
+not. "Trailer camp" shall not include automobile or trailer sales lots on which
+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:
+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
+council, or their duly authorized representatives, shall have the right and are
+hereby empowered to enter upon any premises on which any automobile trailers
+are located, or are about to be located, and inspect the same and all
+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
+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,
+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
+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
+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:
+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
+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
+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
+this chapter. The application for a license or a renewal thereof shall be made
+on printed forms furnished by the city and shall include the name and address
+of the owner in fee of the tract (if the fee is vested in some person other
+than the applicant, a duly verified statement by that person, that the
+applicant is authorized by him to construct or maintain the trailer camp and
+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,
+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
+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
+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
+zone than a business district zone.
+   (B)   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
+will cause unnecessary hardship on the applicant and find in addition that the
+owners of all property within two hundred (200) yards of the proposed camp will
+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
+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
+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
+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
+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
+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.
+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
+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
+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
+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
+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
+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
+thereof that are without individual sewer connection. Every male toilet room
+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
+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
+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
+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
+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
+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
+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:
+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
+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
+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.
+         (e)   Place of last location, and length of stay.
+      2.   Maintain the camp in a clean, orderly and sanitary condition at all
+times.
+      3.   See that the provisions of this chapter are complied with and
+enforced and report promptly to the proper authorities any violations of the
+provisions of this chapter or any other violations of law which may come to his
+attention.
+      4.   Report to the health office all cases of person or animals affected
+or suspected of being affected with any communicable disease.
+      5.   Maintain in convenient places, approved by the fire department, hand
+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 :
+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
+specifically made inapplicable under the terms of this chapter.
+Nothing in the provisions of this chapter shall be interpreted so as to
+conflict with the state housing laws, state legislation regulating trailers,
+trailer camps or any of the requirements of any other provisions of this code
+not mentioned or made inapplicable by the express terms of the provisions of
+this code. (Ord. 137, 8-15-1960)
+ 
+Notes
+1 1. See title 3 of this code.
+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:
+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)
+days after issuance of such order. The council shall give notice of a public
+hearing upon this request to be held in not less than five (5) days after
+service of the notice on the person requesting the hearing. The council may
+also give notice of the hearing to other persons directly interested in the
+order in question. At such hearing, the council shall determine whether the
+granting, denial, renewal, or revocation of the license was in accordance with
+the provisions of this chapter and shall issue a written findings of fact,
+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:
+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:
+5-2-1: Definitions
+5-2-2: License Required
+5-2-3: Application For License
+5-2-4: Grant Of Authority
+5-2-5: Term Of License
+5-2-6: License Fee
+5-2-7: System Construction And Extension
+5-2-8: Safety Requirements
+5-2-9: Conditions On Street Occupancy
+5-2-10: Operational Standards
+5-2-11: Indemnification Of City
+5-2-12: Procedure Upon Termination
+5-2-13: Approval Of Transfer
+5-2-14: Local Office; Complaints
+5-2-15: Compliance With Applicable Laws And Ordinances
+5-2-16: Violations
+5-2-17: Penalties
+5-2-18: Severability
+5-2-19: Effective Date
+5-2-20: Rights Reserved
+5-2-1: DEFINITIONS:
+For the purpose of this chapter the following terms, phrases and their
+derivations shall have the meanings herein given. When not inconsistent with
+the context, words used in the present tense include the future tense, words in
+the plural number include the singular number and words in the singular number
+include the plural number.
+CATV: A cable television system as hereinafter defined.
+CABLE TELEVISION SYSTEM: A system composed of, without limitation, antenna,
+cables, wires, lines, towers, wave guides, or any other conductors, converters,
+equipment or facilities, designed, constructed or wired for the purpose of
+producing, receiving, amplifying and distributing by coaxial cable audio and/or
+visual radio television, electronic or electrical signals to and from persons,
+subscribers and locations in the license area.
+CITY: The city of Choteau, Montana.
+CITY COUNCIL: The governing body of the city.
+EXPANDED CATV SERVICE: Any communications service in addition to basic CATV
+service provided by the licensee either directly or as a carrier for their
+subsidiaries, affiliates or any other person engaged in communications service,
+including, but not by way of limitation, pay TV, burglar alarm service, date or
+other electronic transmission services, facsimile reproduction services, meter
+reading services and home shopping services.
+LICENSE AREA: The area within the corporate limits of the city.
+LICENSEE: A grantee of rights under this chapter.
+PERSON: Any person, firm, partnership, association, corporation, company or
+organization of any kind.
+PROPERTY OF LICENSEE: All property owned, installed or used by a company or
+companies in the conduct of a CATV business in the city.
+REGULAR CATV SERVICE: The distribution of broadcast television and radio
+signals, and installation, disconnect and reconnect of facilities required for
+said distribution.
+STREET: The surface of and the space above and below any public street, right
+of way, road, highway, freeway, bridge, lane, path, alley, court, sidewalk,
+parkway, drive, communications or utility easement, now or hereafter existing
+as such within the license area.
+SUBSCRIBER: Any person or entity receiving regular CATV service. (Ord. 207, 3-
+7-1978)
+5-2-2: LICENSE REQUIRED:
+No person shall engage in the business of operating a cable television system
+within the city, without first having obtained a license for such purpose nor
+shall any person carry on said business at any other place or location other
+than the one designated in the license, and under such regulations as are
+hereinafter provided. (Ord. 207, 3-7-1978)
+5-2-3: APPLICATION FOR LICENSE:
+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
+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
+applicant.
+   (C)   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
+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.
+Within thirty (30) days following receipt, the city clerk shall submit said
+application to the city council; the city council shall, at a regular or
+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,
+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
+right, privilege, and license to engage in the business of operating a CATV
+system in the city for the purpose of providing regular CATV service and such
+aspects of expanded CATV service, if any, as the applicant may from time to
+time deem advisable. Said grant of authority may include the right and
+privilege to erect, install, construct, repair, replace, reconstruct, maintain
+and retain in, on, over, under, upon, across and along any public street,
+public way and public place, now laid out or dedicated and all extensions
+thereof and additions thereto in the license area such poles, wires, cable,
+conductors, ducts, conduit vaults, manholes, amplifiers, appliances,
+attachments, and other property as may be necessary and appurtenant to the CATV
+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
+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)
+5-2-5: TERM OF LICENSE:
+The license and rights herein granted shall be in force and effect for a term
+of fifteen (15) years after the effective date of the license. The license may
+be renewed for an additional fifteen (15) year period following a public
+proceeding called for the purpose of considering said renewal. (Ord. 207, 3-7-
+1978)
+5-2-6: LICENSE FEE:
+The annual fee to be paid by a licensee to the city shall be as provided by
+council action, and shall be paid by January 30 for that year. (Ord. 207, 3-7-
+1978)
+5-2-7: SYSTEM CONSTRUCTION AND EXTENSION:
+Any person receiving a license under the terms of this chapter shall accomplish
+significant construction within one year after receiving certification from the
+federal communication commission, and shall thereafter equitably and reasonably
+extend energized trunk cable within the license area as provided in the
+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
+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
+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
+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
+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
+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,
+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
+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
+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:
+The licensee shall operate and maintain its cable television system in full
+compliance with the standards set forth by the federal communications
+commission. (Ord. 207, 3-7-1978)
+5-2-11: INDEMNIFICATION OF CITY:
+The licensee shall at all times protect and hold harmless the city from all
+claims, actions, suits, liability, loss, expense, damages of every kind and
+description (herein collectively referred to as "claims") including
+investigation costs, court costs and attorney fees, which may accrue to or be
+suffered or claimed by any person or persons arising out of the negligence of
+the licensee in the ownership, construction, repair, replacement, maintenance
+and operation of the cable television system. The city shall give the licensee
+prompt written notice of any such claims filed against it. (Ord. 207, 3-7-1978)
+5-2-12: PROCEDURE UPON TERMINATION:
+Upon expiration of the license, if the licensee shall not have acquired an
+extension or renewal thereof and accepted the same, the licensee may enter upon
+the streets, and public ways of the city, for the purposes of removing
+therefrom any or all of its property and otherwise. In so removing said
+property the licensee shall refill, at its own expense, any excavation that
+shall be made by it, and shall leave said streets and public ways and places in
+as nearly as possible as good condition as that prevailing prior to the
+licensee's removal of its property. (Ord. 207, 3-7-1978)
+5-2-13: APPROVAL OF TRANSFER:
+The licensee shall not sell or transfer its plant or system to another, other
+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
+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
+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
+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)
+5-2-15: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES:
+The licensee shall at all times during the life of this license be subject to
+all lawful exercise of the police power by the city. The licensee shall at all
+times comply with all of the requirements, at that time applicable, as imposed
+by the federal communications system. Failure to do so will be treated as a
+violation of this chapter. (Ord. 207, 3-7-1978)
+5-2-16: VIOLATIONS:
+From and after the effective date hereof, it shall be unlawful for any person
+to construct, install or maintain within any public street in the city, or
+within any other public property of the city, or within any privately owned
+area within the city which has not yet become a public street but is designated
+or delineated as a proposed public street on any tentative subdivision map
+approved by the city, any equipment or facilities for distributing any
+television signals or radio signals throughout a CATV system, unless a license
+authorizing such use of such street or property or area has first been
+obtained, and unless such license is in full force and effect. (Ord. 207, 3-7-
+1978)
+5-2-17: PENALTIES:
+Any person violating or failing to comply with any of the provisions of this
+chapter shall be guilty of a misdemeanor and for each day of violation or
+failure to comply may be punished by a fine not to exceed five hundred dollars
+($500.00) or by imprisonment for a term not to exceed six (6) months or by both
+such fine and imprisonment. (Ord. 207, 3-7-1978)
+5-2-18: SEVERABILITY:
+If any section, subsection, sentence, clause or phrase of this chapter is for
+any reason held illegal, invalid or unconstitutional by the decision shall not
+affect the validity of the remaining portions hereof. The city council hereby
+declares that it would have passed this ordinance 207 and each section,
+subsection, sentence, clause and phrase hereof, irrespective of the fact that
+any one or more sections, subsections, sentences, clauses or phrases be
+declared illegal, invalid or unconstitutional. The validity of any portion of
+this chapter shall not abate, reduce or otherwise affect any consideration or
+other obligation required of the licensee. All ordinances and parts of
+ordinances in conflict with the provisions of this chapter are hereby repealed.
+(Ord. 207, 3-7-1978)
+5-2-19: EFFECTIVE DATE:
+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
+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,
+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
+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
+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.
+   (E)   The city reserves the right to establish a procedure by which it shall
+review and approve the rates set by the licensee, and the licensee agrees to
+cooperate fully with the city council in connection with that review procedure,
+including, but not limited to, the requirement that all rate changes be
+reviewed, that there be a public hearing which the licensee will attend, and
+that the licensee provide such information as is necessary to determine a
+reasonable rate. (Ord. 207, 3-7-1978)
+CHAPTER 3
+LICENSES
+SECTION:
+5-3-1: License Required
+5-3-2: Definitions
+5-3-3: Annual License Fee
+5-3-4: Application For License
+5-3-5: Violation And Fine
+5-3-1: LICENSE REQUIRED:
+All merchants who engage in the business of selling alcoholic beverages,
+including liquor, beer and wine, and transient merchants are required to
+purchase a city license prior to January 15 of each year. (Ord. 264, 5-3-1994)
+5-3-2: DEFINITIONS:
+PERMITTED AREA WITHIN THE CITY OF CHOTEAU: The permitted area of the city of
+Choteau is defined as that nonshaded area set forth in exhibit A attached to
+ordinance 279, available for inspection in the city clerk's office, and by this
+reference incorporated herein.
+TRANSIENT MERCHANT: A transient merchant, otherwise called itinerant vendor or
+peddler, is defined as any person, whether acting as an owner, agent, consignee
+or employee, not being a resident of the city, who engages in the temporary
+business of selling, delivering, or offering for sale, goods, wares and
+merchandise and subscriptions within the permitted area of the city, as herein
+defined, and who, in furtherance of such purposes, uses or occupies the
+permitted streets, alleys or sidewalks of the city or any structure, motor
+vehicle or other place within the permitted area of the city for the exhibition
+and sale of such goods, wares and merchandise. (Ord. 279, 4-6-1999)
+5-3-3: ANNUAL LICENSE FEE:
+The annual license fee required by those individuals or entities as set forth
+in section
+5-3-1 of this chapter shall be as follows:
+ 
+(A) All beverage license    $200.00
+(B) Beer license            75.00
+(C) Wine license            25.00
+(D) Special use beer permit 5.00
+(Ord. 264, 5-3-1994)
+(E) Transient merchant
+1. Annual                   30.00
+ 
+(Ord. 279, 4-6-1999)
+5-3-4: APPLICATION FOR LICENSE:
+All required licensees, as set forth in section
+5-3-3 of this chapter, shall fill out in its entirety the required application
+form at the office of the city clerk, and no license, as above set forth, shall
+be issued by said clerk until said application has been approved by the office
+of the city clerk. (Ord. 264, 5-3-1994)
+5-3-5: VIOLATION AND FINE:
+Any person, who first being advised of the provisions of this chapter, and who
+thereafter violates any provision of this chapter 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.
+264, 5-3-1994)
+TITLE 6
+FIRE REGULATIONS
+CHAPTER 1
+FIRE LIMITS
+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
+limits:
+Commencing at the intersection of 1st Street S.E. and 1st alley east, thence
+north along the centerline of said alley and continuing along the centerline of
+said alley to the centerline of 4th Street, N.E.; thence west along the
+centerline of 4th Street to the centerline of 1st alley West; thence along the
+centerline of 1st alley West to the centerline of the 3rd Street N.W.; thence
+along the centerline of 3rd Street, N.W. in a westerly direction to the
+centerline of 2nd alley West; thence south along the centerline of 2nd alley
+West to the centerline of Division Street; thence along the centerline of west
+Division to the centerline of 1st Street S.W.; thence east along the centerline
+of 1st Street S.W. to the centerline of 1st alley West; thence south along the
+centerline of said alley to the centerline of 3rd Street S.W.; thence west of
+the centerline of 1st Avenue, S.W.; thence south to the centerline of 5th
+Street, S.W., thence east to the centerline of 1st alley East; thence north to
+the place of beginning.
+All the rest of the territory included within the corporate limits lying
+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:
+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
+6-2-4: Unlawful Building
+6-2-5: Storage Of Flammables; Permit Required
+6-2-6: Construction Of Chimneys And Flues
+6-2-7: Wooden Buildings
+6-2-8: Fire Chief Appointed; Duties
+6-2-9: Removal Of Dangerous Buildings; Failure To Comply
+6-2-10: Bonfires
+6-2-11: Interference With Fire Department Personnel; Apparatus
+6-2-12: Firefighting; Bystanders
+6-2-13: Campfires
+6-2-14: Open Burning
+6-2-1: BUILDING REQUIREMENTS FOR INNER FIRE LIMITS:
+No person shall build, construct, reconstruct, erect, place or move, or cause
+to be built, constructed, reconstructed, erected, placed or moved from any lot
+within or without the inner fire limits to any lot within the inner fire
+limits, except as hereinafter provided, any wooden, corrugated, iron or sheet
+metal building, shed or structure, of any kind whatsoever, provided, however,
+that the city council may, upon application duly made: a) grant a permit for an
+addition to a residence located in the inner fire district to be made of wooden
+construction, if such residence is of wooden construction and the square feet
+area of such addition will not exceed one-third (1/3) of the square feet area
+of the residence at the time of making application for permit, and b) grant a
+permit for wooden construction of small outbuildings in the inner fire limits
+if it is made to appear to the council such building will not increase the fire
+risk to surrounding buildings. Provided that the city council may grant an
+exception to the above limitations where it finds upon facts presented at a
+hearing that such structure will not create any additional fire hazard. Notice
+of hearing shall be published at least ten (10) days before the hearing in a
+local newspaper and a copy mailed to owners of lots adjoining those owned by
+the applicant for permit. (Ord. 177, 10-20-1969; amd. Ord. 190, 12-17-1973)
+6-2-2: PERMIT REQUIRED FOR BUILDING IN FIRE LIMITS:
+No person shall build, construct, reconstruct, erect, place or move, or cause
+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
+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,
+together with specifications thereof, in form sufficient to enable the council
+to determine the material to be used for the foundation, walls and roof, the
+thickness of the walls, the number and size of openings therein, and the
+general plan of construction. If said plans are deemed by a majority of the
+council to be sufficiently safe for fire protection purposes, the clerk may be
+directed to issue a building permit to the applicant to construct such building
+or structure in accordance with said plans and specifications which shall be
+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
+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
+with the clerk at least three (3) days before the next council meeting, which
+said application shall contain a description of the building, giving its size
+and the material of which it is constructed, its location as to lot and block,
+if within the city limits, and the lot and block upon which the building is
+proposed to be placed; provided, that no permit must be granted by the council,
+if the proposed removal be from one location to another within the inner fire
+limits, unless it shall appear by the endorsement in writing of the fire chief
+upon the application for such permit, that such removal will not tend to
+increase the fire risk. (Ord. 177, 10-20-1969)
+6-2-3: REPLACEMENT OF DAMAGED BUILDINGS:
+No person shall repair, or cause to be repaired, any building, shed or
+structure, within the fire limits, if the same shall, in the judgment of the
+council, have been damaged by fire, the elements, or otherwise, to the extent
+of fifty percent (50%) of the value thereof, without first having obtained a
+permit so to do as provided in section
+6-2-2 of this chapter. Except in cases of damage by fire or the elements, no
+repairs exceeding a value of twenty five dollars ($25.00) shall be made in any
+calendar year, upon any building, shed or structure within the inner fire
+limits hereof, if said building in its original construction was composed
+chiefly of wood, corrugated iron or sheet metal. (Ord. 23, 3-2-1914)
+6-2-4: UNLAWFUL BUILDING:
+Any person who shall hereafter in violation of the provisions of this chapter,
+erect, build, construct, repair, enlarge or remove any such prohibited
+structure or building, or cause the same to be done by others, shall be deemed
+to have committed a misdemeanor. Any structure or building built, constructed,
+erected, repaired, enlarged or removed in violation of the provisions of this
+chapter is hereby declared to be a nuisance and it shall be the duty of the
+chief of police on order of the council, to require the author of such nuisance
+to remove the same forthwith, and, if the said author shall neglect or refuse
+to abate the same or signify his intention so to do within twenty four (24)
+hours after such notice, it shall be the duty of the chief of police to do so,
+and the costs thereof shall be charged to the said author and collected by
+civil action in the name of the city. (Ord. 23, 3-2-1914)
+6-2-5: STORAGE OF FLAMMABLES; PERMIT REQUIRED:
+It shall be unlawful for any person to construct, place, erect or build, or
+cause to be constructed, placed, erected or built within the fire limits, any
+smokehouse, engine house, steam boiler, or other similar structure or
+contrivance, or to store any inflammable or explosive material, or to store or
+stack, or suffer or permit to be stored or stacked, any straw, hay, rubbish,
+boxes, barrels, or other combustible material, without first having obtained
+from the council a permit so to do, and all such permits shall be granted upon
+such conditions and restrictions of the council as in their judgment shall be
+necessary to guard against calamities by fire. (Ord. 23, 3-2-1914)
+6-2-6: CONSTRUCTION OF CHIMNEYS AND FLUES:
+All chimneys, or flues, in any building within the fire limits shall be
+constructed of pipe to be approved by the fire underwriters, brick, stone or
+concrete, and shall be plastered on the inside, and shall be built from the
+foundation of the building, or upon a substantial platform firmly attached to
+the building. All stovepipes shall enter a brick, stone or concrete chimney as
+nearly horizontal as possible and shall not pass through any roof or outside
+wall or framework in the building. All stovepipes or flues which pass through
+any floor, partition or ceiling, or other combustible material, shall be
+protected by durable metal or earthen safes where the same pass through such
+floor, partition, ceiling or other combustible material; provided, that for
+good reasons the fire chief may grant permission to any person to use a
+stovepipe through the roof of any temporary addition to a building, for
+temporary purposes only, upon such conditions and restrictions as he may impose
+for the general safety of surrounding property. (Ord. 23, 3-2-1914)
+6-2-7: WOODEN BUILDINGS:
+The council shall have power by the special order duly made and entered of
+record after the hearing of interested parties to prohibit the erection of a
+wooden building in any part of the city beyond the fire limits thereof, so
+close to any other building previously erected or of such a dangerous character
+as to greatly endanger the same; provided that this regulation shall not be
+construed to apply to smaller outbuildings; and any person, who, in violation
+of any such special order of the council, shall erect such prohibited building
+shall be deemed guilty of a misdemeanor. (Ord. 23, 3-2-1914)
+6-2-8: FIRE CHIEF APPOINTED; DUTIES:
+The mayor shall, at the first meeting of the council after the annual election,
+appoint, by and with the consent of the council, a fire chief, who shall hold
+this office for the term of one year and until his successor is appointed,
+unless removed for cause, and whose duty it shall be to examine all chimneys,
+flues, stovepipes, boilers, depositories for ashes, buildings, and places where
+fires are used within the fire limits, and in case he finds any such appliances
+or premises in an unsafe condition, he shall immediately notify and direct the
+owner or occupant to put the same in safe condition against damage by fire, and
+it shall be the duty of such owner or occupant to forthwith promptly comply
+with such direction, and a failure so to do shall be deemed a misdemeanor.
+(Ord. 23, 3-2-1914)
+6-2-9: REMOVAL OF DANGEROUS BUILDINGS; FAILURE TO COMPLY:
+The council may order or direct any building, structure, chimney, flue, or
+stovepipe, which is dangerous or a menace to surrounding property from a fire
+standpoint, to be removed, altered, repaired, cleaned out, or placed in safe
+condition, and for that purpose may prescribe and direct what work, alteration
+or repair shall be done to make it safe; and may direct the removal of any
+straw, hay, rubbish, barrels, boxes, or other combustible material, within the
+limits of the city, when the same shall be deemed to be dangerous to other
+buildings or property, and necessary against the spreading of fire or to guard
+against the same.
+If any person for the period of twenty four (24) hours shall refuse or neglect
+to comply with any order or direction of the council or fire chief, relative to
+the removal or repair of any building, boiler, stovepipe, chimney, flue, straw,
+hay, rubbish or other material as provided herein, the same may be removed or
+the repairs made by an officer of the city, at the expense of the owner or
+occupant of the property, to be recovered in a civil action for that purpose,
+in which the city shall be plaintiff and the owner or occupant shall be
+defendant; or said expense, with a penalty of ten percent (10%), and interest
+according to law from the date of such removal or repairs, may be assessed
+against said property and collected as other taxes. (Ord. 23, 3-2-1914)
+6-2-10: BONFIRES:
+It shall be unlawful for any person within the limits of the city to build a
+bonfire in any street, avenue, alley, square or vacant lot, without first
+obtaining a permit in writing from the fire chief, and a violation of this
+section shall be deemed a misdemeanor. (Ord. 23, 3-2-1914)
+6-2-11: INTERFERENCE WITH FIRE DEPARTMENT PERSONNEL; APPARATUS:
+It shall be unlawful for any person to in any way interfere with the fire
+chief, or any member of the fire department, or any other person, while engaged
+in fighting or controlling any fire within the limits of the city, or so near
+the limits of the city as to be dangerous to property within the limits of the
+city; or to in any way interfere with, damage, remove, or injure any fire
+apparatus or property owned or kept by the city for the purpose of controlling
+fires, or with the property of any chief or fireman or other person while
+engaged in controlling any fire. It shall also be unlawful for any person to
+drive any vehicle, or ride any animal or vehicle, over or across, or to tramp
+on or step upon any fire hose belonging to the city, or used by it in
+controlling fires. (Ord. 23, 3-2-1914)
+6-2-12: FIREFIGHTING; BYSTANDERS:
+The mayor, council, or the fire chief, may, whenever in his judgment it shall
+be necessary, call upon any bystander at a fire to assist in controlling said
+fire, either by name or otherwise, and thereupon it shall be the duty of such
+bystander to immediately assist and obey the orders of such official to the
+best of his strength and ability 1 . (Ord. 23, 3-2-1914)
+ 
+Notes
+1 1. RCM 11-928–11-933, 32-21-113, 32-21-109.
+6-2-13: CAMPFIRES:
+Campfires in the city park shall be limited to city fire pits only. (Ord. 270,
+2-4-1997)
+6-2-14: OPEN BURNING:
+Open burning within the city limits, with the exception of barbecue grills,
+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:
+6-3-1: Definitions
+6-3-2: Delivery Of Flammable Liquids
+6-3-3: Uniform Fire Code
+6-3-4: Misdemeanor
+6-3-1: DEFINITIONS:
+As used in this chapter the following terms shall have the meanings herein
+prescribed:
+FLAMMABLE LIQUIDS: Any liquid used as fuel for the operation of any motor
+driven vehicle or motor driven engine.
+RETAIL OR WHOLESALE OUTLET: Any business engaged in the retail sale or
+wholesale of flammable liquids.
+TANK VEHICLE OR TANK CAR: Any vehicle used for the transportation of flammable
+liquids. (Ord. 247, 10-20-1987)
+6-3-2: DELIVERY OF FLAMMABLE LIQUIDS:
+In all deliveries of flammable liquids to any retail outlet or wholesale outlet
+within the corporate limits of the city, the operator or other competent person
+shall be in attendance at all times while a tank vehicle or tank car is
+discharging cargo. Whenever practical, the tank vehicle or tank car shall be
+positioned so that the operating controls and the discharging end of the hose
+or hoses are both in view of the operator or other competent person. (Ord. 247,
+10-20-1987)
+6-3-3: UNIFORM FIRE CODE:
+All flammable liquids shall be delivered and controlled in accordance with the
+uniform fire code of the state. (Ord. 247, 10-20-1987)
+6-3-4: MISDEMEANOR:
+Any person violating the provisions of this chapter shall be deemed guilty of a
+misdemeanor. (Ord. 247, 10-20-1987)
+CHAPTER 4
+FIREWORKS
+SECTION:
+6-4-1: Definition
+6-4-2: Sale Of Fireworks; Use Of; Fine
+6-4-3: Possession Of Explosive Material Prohibited
+6-4-1: DEFINITION:
+The term "fireworks" shall mean firecrackers, Roman candles, torpedoes, sky
+rockets, whirling sprays, fire fountains and all powderous explosives commonly
+known as fireworks. (Ord. 48, 8-8-1917)
+6-4-2: SALE OF FIREWORKS; USE OF; FINE:
+Fireworks may be sold for the period of June 24 through July 5 each year within
+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
+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
+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).
+Any person violating the provisions of this section regarding the sale of
+fireworks shall be fined fifty dollars ($50.00) per each sale. (Ord. 312, 3-21-
+2017)
+6-4-3: POSSESSION OF EXPLOSIVE MATERIAL PROHIBITED:
+The sale or possession of any illegal dangerous mechanical device or of any
+other illegal explosive material calculated to explode or burn by reason of
+external or mechanical application shall be construed a violation of the
+provisions of this chapter. (Ord. 272, 2-4-1997)
+TITLE 7
+HEALTH AND SANITATION
+CHAPTER 1
+GARBAGE REGULATIONS
+SECTION:
+7-1-1: Definitions
+7-1-2: Mandatory Use Of City Services
+7-1-3: Container Requirements
+7-1-4: Placement Of Containers
+7-1-5: Prohibited Acts And Conditions
+7-1-6: Removal Of Prohibited Conditions
+7-1-7: Charges For Collection
+7-1-8: Violation; Penalty
+7-1-1: DEFINITIONS:
+SOLID WASTE: Includes each and every accumulation of animal matter, manure,
+fruits or vegetable matter, ashes, branches or parts of any trees, shrubs or
+vines, tin cans, bottles, grasses or weeds, rags, paper, dead animals or parts
+thereof, garbage, trash or filth, and all other offensive matter. (Ord. 299, 5-
+18-2004, eff. 7-1-2004)
+7-1-2: MANDATORY USE OF CITY SERVICES:
+Except as provided in Montana code 7-2-4736, all residents, businesses, and
+other persons located within the city limits shall be required to use the
+city's solid waste hauling services with respect to all solid waste that the
+city hauls, unless the city approves, in writing, the use of a licensed private
+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
+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
+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
+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
+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:
+      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
+plastic before depositing in solid waste receptacles.
+      2.   Paper and combustible rubbish of every kind whatsoever shall be
+securely wrapped, packed, or contained in a manner that will prevent blowing by
+the wind and shall be deposited in a proper receptacle.
+      3.   All solid waste must be placed in city approved containers to be
+removed by the city solid waste collectors. Any waste that can not be placed in
+the container must be moved to the Northern Montana joint refuse disposal
+district roll-off site by the owner or occupant of the premises, or collected
+by city solid waste collectors upon prepayment of charges as set by resolution.
+      4.   Trimmings resulting from trimming or removing hedges and trees shall
+be cut up into short lengths not to exceed four feet (4'), and placed in solid
+waste receptacles or else moved to the Northern Montana joint refuse disposal
+district roll-off site by the owner or occupant of the premises, or collected
+by city solid waste collectors upon prepayment of charges as set by resolution.
+Tree trunks of more than six inches (6") in diameter at the large end shall be
+removed to the Northern Montana joint refuse disposal district roll-off site by
+the owner or occupant of the premises and shall not be removed by the city
+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:
+      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
+Northern Montana joint refuse disposal district roll-off site by the owner or
+occupant of the premises where such material originated.
+      2.   Dirt and rocks accumulated as a result of excavation of building
+sites, shall not be deposited in streets or alleys, but shall be removed from
+the premises where such material originates by the owner, occupant, or
+contractor, or whoever was responsible for doing the work.
+      3.   Other building rubbish shall be removed to the Northern Montana
+joint refuse disposal district roll-off site from the premises where such
+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,
+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,
+rubbish, solid waste, organic debris, or any other type of combustible matters
+outdoors within the city.
+   (C)   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
+park visitors. The use of such solid waste containers and/or receptacles
+provided in the city's parks is restricted to solid waste generated in the park
+by park visitors, and no other solid waste shall be brought into the city's
+parks for disposal.
+      2.   All persons shall place, dispose, discard, or deposit their solid
+waste in the solid waste containers provided for their particular residence or
+place of business and shall not use such solid waste containers and/or
+receptacles provided for other persons or for public use at city parks or
+street receptacles.
+      3.   It is unlawful for any person who resides outside of the city limits
+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
+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
+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
+in, upon, or adjacent to the grounds or premises used or occupied by such
+person charged with violation of the terms of this chapter whether such
+premises are owned, rented, leased, or otherwise held or occupied in any manner
+and any such owners, occupants, tenants, or lessees aware of, or who should
+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
+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
+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
+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
+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
+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
+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)
+7-1-8: VIOLATION; PENALTY:
+A person convicted of violating any of the provisions of this chapter shall be
+guilty of a misdemeanor and, upon conviction thereof, be subject to a fine as
+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:
+7-2-1: Definitions
+7-2-2: Use Of Public Sewers Required
+7-2-3: Private Wastewater Disposal
+7-2-4: Sanitary Sewers, Building Sewer And Connections
+7-2-5: Use Of The Public Sewers
+7-2-6: Protection From Damage
+7-2-7: Powers And Authority Of Inspectors
+7-2-8: Hearing Board
+7-2-9: Penalties
+7-2-1: DEFINITIONS:
+Unless the context specifically indicates otherwise, the meanings of terms used
+in this chapter shall be as follows:
+BIOCHEMICAL OXYGEN DEMAND (BOD): The quantity of oxygen utilized in the
+biochemical oxidation of organic matter under standard laboratory procedure in
+five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per
+liter.
+BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system
+which receives the discharge from soil, waste and other drainage pipes inside
+the walls of the building and conveys it to the building sewer, beginning five
+feet (5') outside the inner face of the building wall.
+BUILDING SEWER: The extension from the building drain to the public sewer or
+other place of disposal, also called house connection.
+COMBINED SEWER: A sewer intended to receive both wastewater and storm or
+surface water.
+EASEMENT: An acquired legal right for the specific use of land owned by others.
+FLOATABLE OIL: Oil, fat or grease in a physical state such that it will
+separate by gravity from wastewater by treatment in an approved pretreatment
+facility. A wastewater shall be considered free of floatable fat if it is
+properly pretreated and the wastewater does not interfere with the collection
+system.
+GARBAGE: The animal and vegetable waste resulting from the handling,
+preparation, cooking and serving of foods.
+HEARING BOARD: That board appointed according to the provisions of section
+7-2-8 of this chapter.
+INDUSTRIAL WASTES: The wastewater from industrial processes, trade or business
+as distinct from domestic or sanitary wastes.
+MAY: Is permissive. (See also definition of Shall.)
+NATURAL OUTLET: Any outlet, including storm sewers and combined sewer,
+overflows, into a watercourse, pond, ditch, lake or other body of surface or
+ground water.
+PERSON: Any individual, firm, company, association, society, corporation or
+group.
+pH: The logarithm of the reciprocal of the hydrogen-ion concentration. The
+concentration is the weight of hydrogen-ions, in grams per liter of solution.
+Neutral water, for example, has a pH value of seven (7) and a hydrogen-ion
+concentration of 10-7.
+PROPERLY SHREDDED GARBAGE: The wastes from the preparation, cooking and
+dispensing of food that have been shredded to such a degree that all particles
+will be carried freely under the flow conditions normally prevailing in public
+sewers, with no particle greater than one-half inch (1/2") in any dimension.
+PUBLIC SEWER: A common sewer controlled by a governmental agency or public
+utility.
+SANITARY SEWER: A sewer that carries liquid and water carried wastes from
+residences, commercial buildings, industrial plants and institutions together
+with minor quantities of ground, storm and surface waters that are not admitted
+intentionally.
+SEWAGE: The spent water of a community. The preferred term is "wastewater".
+(See also definition of Wastewater.)
+SEWER: A pipe or conduit that carries wastewater or drainage water.
+SHALL: Is mandatory. (See also definition of May.)
+SLUG: Any discharge of water or wastewater which in concentration of any given
+constituent or in quantity of flow exceeds for any period of duration longer
+than fifteen (15) minutes more than five (5) times the average twenty four (24)
+hour concentration or flows during normal operation and shall adversely affect
+the collection system and/or performance of the wastewater treatment works.
+STORM DRAIN: Sometimes termed "storm sewer", shall mean a drain or sewer for
+conveying water, ground water, subsurface water or unpolluted water from any
+source.
+SUPERINTENDENT: The superintendent of wastewater facilities of the city, or his
+authorized deputy, agent or representative.
+SUSPENDED SOLIDS (SS): Total suspended matter that either floats on the surface
+of, or is in suspension in water, wastewater or other liquids and that is
+removable by laboratory filtering as prescribed in "Standard Methods for the
+Examination of Water and Wastewater" and referred to as nonfilterable residue.
+UNPOLLUTED WATER: Water of quality equal to or better than the effluent
+criteria in effect or water that would not cause violation of receiving water
+quality standards and would not be benefited by discharge to the sanitary
+sewers and wastewater treatment facilities provided.
+WASTEWATER: The spent water of a community. From the standpoint of source, it
+may be a combination of the liquid and water carried wastes from residences,
+commercial buildings, industrial plants and institutions, together with any
+ground water, surface water and storm water that may be present.
+WASTEWATER FACILITIES: The structures, equipment, and processes required to
+collect, carry away and treat domestic and industrial wastes and dispose of the
+effluent.
+WASTEWATER TREATMENT WORKS: An arrangement of devices and structures for
+treating wastewater, industrial wastes and sludge. Sometimes used as synonymous
+with "waste treatment plant" or "wastewater treatment plant" or "water
+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
+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
+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
+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
+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
+is hereby required at the owner's expense to install suitable toilet facilities
+therein, and to connect such facilities directly with the proper public sewer
+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
+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
+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
+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
+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
+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
+of the lot is less than twenty thousand (20,000) square feet. No septic tank or
+cesspool shall be permitted to discharge to any natural outlet.
+   (E)   At such time as a public sewer becomes available to the property
+served by a private wastewater disposal system, as provided in subsection (D)
+of this section, a direct connection shall be made to the public sewer within
+sixty (60) days in compliance with this chapter, and any septic tanks,
+cesspools and similar private wastewater disposal facilities shall be cleaned
+of sludge and filled with suitable material.
+   (F)   The owner(s) shall operate and maintain the private wastewater
+disposal facilities in a sanitary manner at all times, at no expense to the
+city.
+   (G)   No statement contained in this section shall be construed to interfere
+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
+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:
+      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
+furnished by the superintendent. The permit application shall be supplemented
+by any plans, specifications or other information considered pertinent in the
+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
+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
+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
+sewer from the front building may be extended to the rear building and the
+whole considered as one building sewer, but the city does not and will not
+assume any obligation or responsibility for damage caused by or resulting from
+any such single connection aforementioned.
+   (E)   Old building sewers may be used in connection with new buildings only
+when they are found, on examination and tests by the superintendent, to meet
+all requirements of this chapter.
+   (F)   The size, slope, alignment, materials of construction of all sanitary
+sewers, including building sewers, and the methods to be used in excavating,
+placing of the pipe, jointing, testing and backfilling the trench, shall all
+conform to the requirements of the building and plumbing codes or other
+applicable rules and regulations of the city and the state. In the absence of
+suitable code provisions or in amplification thereof, the materials and
+procedures set forth in appropriate specifications of the ASTM and WPCF "Manual
+of Practice" number 9 shall apply.
+   (G)   Whenever possible, the building sewer shall be brought to the building
+at an elevation below the basement floor. In all buildings in which any
+building drain is too low to permit gravity flow to the public sewer, sanitary
+sewage carried by such building drain shall be lifted by an approved means and
+discharged to the building sewer.
+   (H)   No person(s) shall make connection of roof downspouts, foundation
+drains, areaway drains or other sources of surface runoff or ground water to a
+building sewer or building drain which in turn is connected directly or
+indirectly to a public sanitary sewer, unless such connection is approved by
+the superintendent and the state department of health for purposes of disposal
+of polluted surface drainage.
+   (I)   The connection of the building sewer into the public sewer shall
+conform to the requirements of the building and plumbing codes or other
+applicable rules and regulations of the city and the state, or the procedures
+set forth in appropriate specifications of the ASTM and the WPCF "Manual of
+Practice" number 9. All such connections shall be made gastight and watertight
+and verified by proper testing. Any deviation from the prescribed procedures
+and materials must be approved by the superintendent before installation.
+   (J)   The applicant for the building sewer permit shall notify the
+superintendent when the building sewer is ready for inspection and connection
+to the public sewer. The connection and testing shall be made under the
+supervision of the superintendent or his representative.
+   (K)   All excavations for building sewer installation shall be adequately
+guarded with barricades and lights so as to protect the public from hazard.
+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
+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
+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
+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.
+      2.   Any waters containing toxic or poisonous solids, liquids or gases in
+sufficient quantity, either singly or by interaction with other wastes, to
+contaminate the sludge of any municipal system, to injure or interfere with any
+sewage treatment process, constitute a hazard to humans or animals, create a
+public nuisance or create any hazard in or have an adverse effect on the waters
+receiving any discharge from the treatment works.
+Each user which discharges any toxic pollutants which cause an increase in the
+cost of managing the effluent or the sludge of the Choteau treatment works
+shall pay for such increased costs.
+      3.   Solid or viscous substances in quantities or of such size capable of
+causing obstructions to the flow in sewers, or other interference with the
+proper operation of the wastewater facilities such as, but not limited to,
+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
+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
+the receiving stream, or will not otherwise endanger lives, limb, public
+property or constitute a nuisance. The superintendent may set limitations lower
+than the limitations established in the regulations below if, in his opinion,
+such more severe limitations are necessary to meet the above objectives. In
+forming his opinion as to the acceptability, the superintendent will give
+consideration to such factors as the quantity of subject waste in relation to
+flows and velocities in the sewers, materials of construction of the sewers,
+the wastewater treatment process employed, capacity of the wastewater treatment
+plant, and other pertinent factors. The limitations or restrictions on
+materials or characteristics of waste or wastewaters discharged to the sanitary
+sewer which shall not be violated without the approval of the superintendent
+are as follows:
+      1.   Wastewater having a temperature higher than one hundred fifty
+degrees Fahrenheit (150°F) (65°C).
+      2.   Wastewater containing more than twenty five milligrams per liter (25
+mg/l) of petroleum oil, nonbiodegradable cutting oils or product of mineral oil
+origin.
+      3.   Wastewater from industrial plants containing floatable oils, fat or
+grease.
+      4.   Any garbage that has not been properly shredded (see section
+7-2-1 of this chapter for definition of "properly shredded garbage"). Garbage
+grinders may be connected to sanitary sewers from homes, hotels, institutions,
+restaurants, hospitals, catering establishments or similar places where garbage
+originates from the preparation of food in kitchens for the purpose of
+consumption on the premises or when served by caterers.
+      5.   Any waters or wastes containing iron, chromium, copper, zinc and
+similar objectionable or toxic substances to such degree that any such material
+received in the composite wastewater at the wastewater treatment works exceeds
+the limits established by the superintendent for such materials.
+      6.   Any waters or wastes containing odor producing substances exceeding
+limits which may be established by the superintendent.
+      7.   Any radioactive wastes or isotopes of such half-life or
+concentration as may exceed limits established by the superintendent in
+compliance with applicable state or federal regulations.
+      8.   Quantities of flow, concentrations or both which constitute a "slug"
+as defined herein.
+      9.   Waters or wastes containing substances which are not amenable to
+treatment or reduction by the wastewater treatment processes employed or are
+amenable to treatment only to such degree that the wastewater treatment plant
+effluent cannot meet the requirements of other agencies having jurisdiction
+over discharge to the receiving waters.
+      10.   Any water or wastes which, by interaction with other water or
+wastes in the public sewer system, release obnoxious gases, form suspended
+solids which interfere with the collection system, or create a condition
+deleterious to structures and treatment processes.
+   (E)   If any waters or wastes are discharged or are proposed to be
+discharged to the public sewers, which waters contain the substances or possess
+the characteristics enumerated in subsection (D) of this section, and which in
+the judgment of the superintendent, may have a deleterious effect upon the
+wastewater facilities, processes, equipment or receiving waters, or which
+otherwise create a hazard to life or constitute a public nuisance, the
+superintendent may:
+      1.   Reject the wastes;
+      2.   Require pretreatment to an acceptable condition for discharge to the
+public sewers;
+      3.   Require control over the quantities and rates of discharge; and/or
+      4.   Require payment to cover the added cost of handling and treating the
+wastes not covered by existing taxes or sewer charges under the provisions of
+subsection (K) of this section.
+If the superintendent permits the pretreatment or equalization of waste flows,
+the design and installation of the plants and equipment shall be subject to the
+review and approval of the superintendent and the state department of health.
+   (F)   Grease, oil and sand interceptors shall be provided when, in the
+opinion of the superintendent, they are necessary for the proper handling of
+liquid wastes containing floatable grease in excess amounts as specified in
+subsection (D)3 of this section, or any flammable wastes, sand or other harmful
+ingredients; except that such interceptors shall not be required for private
+living quarters or dwelling units. All interceptors shall be of a type and
+capacity approved by the superintendent and the state plumbing code, and shall
+be located as to be readily accessible for cleaning and inspection. In the
+maintaining of these interceptors, the owner(s) shall be responsible for the
+proper removal and disposal by appropriate means of the captivated material and
+shall maintain records of the dates and means of disposal which are subject to
+review by the superintendent. Any removal and hauling of the collected
+materials not performed by the owner(s) personnel must be performed by
+currently licensed waste disposal firms.
+   (G)   Where pretreatment or flow equalization facilities are provided or
+required for any waters or wastes, they shall be maintained continuously in
+satisfactory and effective operation by the owner(s) at his expense.
+   (H)   When required by the superintendent, the owner(s) of any property
+serviced by a building sewer carrying industrial wastes shall install a
+suitable structure together with such necessary meters and other appurtenances
+in the building sewer to facilitate observation, sampling and measurement of
+the wastes. Such structures, when required, shall be accessibly and safely
+located and shall be constructed in accordance with plans approved by the
+superintendent. The structure shall be installed by the owner at his expense,
+and shall be maintained by him so as to be safe and accessible at all times.
+   (I)   The superintendent may require a user of sewer services to provide
+information needed to determine compliance with this chapter. These
+requirements may include:
+      1.   Wastewater's discharge peak rate and volume over a specified time
+period.
+      2.   Chemical analysis of wastewaters.
+      3.   Information on raw materials, processes and products affecting
+wastewater volume and quality.
+      4.   Quantity and disposition of specific liquid, sludge, oil, solvent or
+other materials important to sewer use control.
+      5.   A plot plan of sewers of the user's property showing sewer and
+pretreatment facility location.
+      6.   Details of wastewater pretreatment facilities.
+      7.   Details of systems to prevent and control the losses of materials
+through spills to the municipal sewer.
+   (J)   All measurements, tests and analyses of the characteristics of waters
+and wastes to which reference is made in this chapter shall be determined in
+accordance with the latest edition of "Standard Methods for the Examination of
+Water and Wastewater", published by the American Public Health Association.
+Sampling methods, location, times, durations and frequencies are to be
+determined on an individual basis subject to approval by the superintendent.
+   (K)   No statement contained in this section shall be construed as
+preventing any special agreement or arrangement between the city and any
+industrial concern whereby an industrial waste of unusual strength may be
+accepted by the city for treatment. (Ord. 227, 5-18-1982)
+7-2-6: PROTECTION FROM DAMAGE:
+No person(s) shall maliciously, wilfully or negligently break, damage, destroy,
+uncover, deface or tamper with any structure, appurtenance or equipment which
+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
+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
+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
+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
+or death to the city employees and the city shall indemnify the company against
+loss or damage to its property by city employees and against liability claims
+and demands for personal injury or property damage asserted against the company
+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
+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,
+sampling, repair and maintenance of any portion of the wastewater facilities
+lying within said easement. All entry and subsequent work, if any on said
+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
+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,
+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
+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
+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
+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:
+7-3-1: Disposal Of Nauseous Materials
+7-3-2: Premises To Be Kept Clean
+7-3-3: Deposit Of Ashes
+7-3-4: Notice To Abate Nuisance; Assessment
+7-3-5: Nuisance Weeds; Defined
+7-3-6: Nuisance Weeds; Deemed A Nuisance
+7-3-7: Violation; City Superintendent To Serve Notice
+7-3-8: Violation; Notice Procedure
+7-3-9: Notice To Abate Nuisance Weeds; Assessment
+7-3-1: DISPOSAL OF NAUSEOUS MATERIALS:
+No person shall throw, place or leave, any dead carcass, carrion, fish,
+entrails or any garbage, manure, dirt, filth, straw, or rubbish, or any other
+offensive, combustible, nauseous or unhealthy matter, in or upon any street,
+sidewalk or lot, or upon any public or private grounds or lots, or suffer or
+permit any such matter to accumulate or remain upon his premises, or in the
+street or alley adjacent thereto, for such length of time as to become a
+nuisance, or injurious to the health, or comfort or offensive to the
+inhabitants of the city. (Ord. 10, 5-19-1913)
+7-3-2: PREMISES TO BE KEPT CLEAN:
+No owner or occupant of any house, building or premises shall suffer the same
+to become nauseous, offensive or injurious to the health or comfort of the
+inhabitants of this city.
+It shall be lawful for the mayor, council, the health officer, any policeman,
+or the chief of police to order the owner or occupant of any house, building or
+premises to cleanse the same, or to remove or abate any nuisance therein or
+thereon, or which said owner or occupant may have deposited in any street or
+alley adjacent thereto, as often as said official may deem it necessary for the
+health, comfort or convention of the inhabitants of the city. (Ord. 10, 5-19-
+1913)
+7-3-3: DEPOSIT OF ASHES:
+No person shall deposit any straw, ashes, leaves, grass, tin cans, or other
+rubbish or foreign matter, in any street, gutter, alley, or upon any public or
+unenclosed private ground or property within the city limits. (Ord. 10, 5-19-
+1913)
+7-3-4: NOTICE TO ABATE NUISANCE; ASSESSMENT:
+Whenever any nauseous, unwholesome, unhealthy, offensive or unsightly matter is
+allowed to accumulate or remain for an unreasonable length of time upon any
+private property, or upon any street adjacent thereto, in such a manner as to
+constitute a menace to the health of, or to be or become offensive to, any of
+the inhabitants of this city, the owner or occupant of said premises shall
+promptly remove such matter when given notice as provided in section
+7-3-2 of this chapter, and upon his failure to do so within one week, the same
+may be done by the city and the cost thereof, together with interest at the
+rate of six percent (6%) per annum from the date of such removal, may be
+assessed against the property and included in the next general tax levy and
+collected the same as any other taxes; or it may be recovered with interest in
+a civil action at the suit of the city 1 . (Ord. 10, 5-19-1913)
+ 
+Notes
+1 1. RCM 11-935.
+7-3-5: NUISANCE WEEDS; DEFINED:
+"Nuisance weeds" are all weeds, grass and other wild and uncared for vegetation
+growing to a height in excess of eight inches (8") and/or those designated
+"noxious" by the Teton County weed district, on premises located within the
+corporate limits of the city. (Ord. 255, 11-6-1990)
+7-3-6: NUISANCE WEEDS; DEEMED A NUISANCE:
+It is a public offense and a nuisance for any person to maintain, cause, permit
+or suffer any growth of "nuisance weeds", as defined in section
+7-3-5 of this chapter, to exist in or upon any premises in the city owned by
+such person or upon boulevards or the one-half (1/2) of any public roads,
+streets, alleys adjacent thereto. (Ord. 255, 11-6-1990)
+7-3-7: VIOLATION; CITY SUPERINTENDENT TO SERVE NOTICE:
+It shall be the duty of the city superintendent of the city, or his authorized
+representative, to enforce the provisions of this chapter and upon a
+determination that a violation of this chapter exists, shall ascertain the name
+and mailing address of the owner of the premises and the description of the
+premises where the violation exists. The name and mailing address of the owner
+of the property may be obtained from the current assessment list maintained by
+the office of the Teton County assessor. Written notice of violation shall be
+served upon the owner directing that the nuisance weeds be cut within seven (7)
+days of the mailing of the notice. Furthermore, if the nuisance weeds are
+classified as noxious by the Teton County weed district, it will be at the
+discretion of the city superintendent as to whether or not these weeds will be
+sprayed with an appropriate herbicide. This decision will be determined by the
+stage of growth as well as the time of year. Seven (7) days following the
+spraying, noxious weeds will be cut and, where directed by the superintendent,
+removed from the premises. In either instance if appropriate action has not
+been initiated by the property owner, the following action will be taken: The
+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
+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:
+Seven (7) days subsequent to posting or mailing of the notice, if action has
+not been taken by the property owner the same may be done by the city, and the
+cost assessed against the property and included in the next general tax levy
+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:
+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
+7-4-4: Determining A Surcharge System For Users With Excess BOD And TSS
+7-4-5: Determining Each User's Wastewater Service Charge
+7-4-6: Wastewater Facilities Replacement Fund (Rep. by Ord. 241, 10-7-1986)
+7-4-7: Payment Of The User's Wastewater Service Charge And Penalties
+7-4-8: Review Of Each User's Wastewater Service Charge
+7-4-9: Notification
+7-4-10: Wastes Prohibited From Being Discharged To The Wastewater Treatment
+System
+7-4-11: Prohibition Of Clear Water Connections
+7-4-12: Proper Design And Construction Of New Sewers And Connections
+7-4-1: PURPOSE:
+The purpose of this chapter shall be to generate sufficient revenue to pay all
+costs for the operation and maintenance of the complete wastewater system. The
+costs shall be distributed to all users of the system in proportion to each
+user's contribution to the total loading of the treatment works. Factors such
+an strength (BOD and TSS), volume and delivery flow rate characteristics shall
+be considered and included as the basis for the user's contribution to ensure a
+proportional distribution of operation and maintenance costs to each user (or
+user class). (Ord. 228, 5-18-1982)
+7-4-2: DETERMINING THE TOTAL ANNUAL COST OF OPERATION AND MAINTENANCE:
+The city or its city engineer shall determine the total annual costs of
+operation and maintenance of the wastewater system which are necessary to
+maintain the capacity and performance, during the service life of the treatment
+works, for which such works were designed and constructed. The total annual
+cost of operation and maintenance shall include, but need not be limited to,
+labor, repairs, equipment replacement, maintenance, necessary modifications,
+power, sampling, laboratory tests and a reasonable contingency fund. (Ord. 228,
+5-18-1982)
+7-4-3: DETERMINING EACH USER'S WASTEWATER CONTRIBUTION PERCENTAGE:
+The city, or its city engineer, shall determine for each user or user class the
+average daily volume of wastewater discharged to the wastewater system, which
+shall then be divided by the average daily volume of all wastewater discharged
+to the wastewater system to determine such user's volume contribution
+percentage. The amount used as the total average daily volume of wastewater
+shall exclude infiltration and inflow. The city, or its city engineer, shall
+determine for each user or user class the average daily poundage of five (5)
+day, twenty degree centigrade (20°C) biochemical oxygen demand (BOD) discharged
+to the wastewater system which shall then be divided by the average daily
+poundage of all five (5) day BOD discharged to the wastewater system to
+determine such user's BOD contribution percentage.
+The city, or its city engineer, shall determine for each user or user class the
+average daily total suspended solids (TSS) poundage discharged to the
+wastewater system which shall then be divided by the average daily poundage of
+all TSS discharged to the wastewater system, to determine such user's TSS
+contribution percentage. The volume contribution percentage, BOD contribution
+percentage and TSS contribution percentage for each user or user class shall be
+multiplied by the annual operation and maintenance costs for wastewater
+treatment of the total volume flow, total five (5) day, twenty degree
+centigrade (20°C) BOD and total TSS, respectively. (Ord. 228, 5-18-1982)
+7-4-4: DETERMINING A SURCHARGE SYSTEM FOR USERS WITH EXCESS BOD AND TSS:
+The city, or its city engineer, will assess a surcharge rate for all
+nonresidential users discharging wastes with BOD and TSS strengths greater than
+the average residential user. Such users will be assessed a surcharge
+sufficient to cover the cost of treating their above normal strength wastes.
+Normal strength wastes are considered to be one hundred ten (110) ppm BOD and
+one hundred forty (140) ppm TSS. The surcharge rate structure for such above
+normal strength waste discharges is as follows:
+   SURCHARGE RATE SCHEDULE FOR
+   ABOVE NORMAL STRENGTH WASTES
+The city, or its engineer, has determined that the average total suspended
+solids (TSS) and five (5) day biochemical oxygen demand (BOD) daily loadings
+for the average residential user are one hundred ten (110) ppm BOD and one
+hundred forty (140) ppm TSS. The city, or its engineer, has assessed a
+surcharge rate for all nonresidential users discharging wastes with BOD and TSS
+strengths greater than the average residential user. The surcharge will be
+sufficient to cover the costs of treating such users' above normal strength
+wastes. Such users will pay an additional service charge of thirty five cents
+($0.35) per one thousand (1,000) gallons for each twenty five (25) ppm over one
+hundred ten (110) ppm of BOD and twenty five cents ($0.25) per one thousand
+(1,000) gallons for each twenty five (25) ppm over one hundred forty (140) ppm
+TSS. (Ord. 228, 5-18-1982)
+7-4-5: DETERMINING EACH USER'S WASTEWATER SERVICE CHARGE:
+Each nonresidential user's wastewater treatment costs contributions as
+determined in sections
+7-4-3 and
+7-4-4 of this chapter shall be added together to determine such user's annual
+wastewater service charge. Residential users may be considered to be one class
+of user and an equitable service charge may be determined for each user based
+on an estimate of the total wastewater contribution of this class of user. The
+governing body may classify industrial, commercial and other nonresidential
+establishments as a residential user, provided that the wastes from these
+establishments are equivalent to the wastes from the average residential user
+with respect to volume, total suspended solids and BOD. Each user's wastewater
+treatment cost contribution will be assessed in accordance with the rate
+schedule herein:
+   RATE SCHEDULE
+Residential users are considered to be one class of user and are assessed a
+charge of ninety six cents ($0.96) per month. Nonresidential users with flows
+no greater than the average residential user's flow of sixteen thousand five
+hundred (16,500) gallons per month and with BOD and TSS no greater than the
+average residential user's strength of one hundred ten (110) ppm BOD and one
+hundred forty (140) ppm TSS will pay the same charge of ninety six cents
+($0.96) per month as the average residential user.
+Nonresidential users with volumes greater than the average residential user
+will pay an additional charge of six cents ($0.06) per one thousand (1,000)
+gallons per month for all flows greater than the average residential user's
+flow of sixteen thousand five hundred (16,500) gallons per month.
+Any nonresidential user with BOD and TSS greater than the average residential
+user's strength of one hundred ten (110) ppm BOD and one hundred forty (140)
+ppm TSS will pay a surcharge in accordance with the rates shown in the
+surcharge rate schedule. (Ord. 228, 5-18-1982)
+7-4-6: WASTEWATER FACILITIES REPLACEMENT FUND:
+(Rep. by Ord. 241, 10-7-1986)
+7-4-7: PAYMENT OF THE USER'S WASTEWATER SERVICE CHARGE AND PENALTIES:
+The city shall submit an annual statement to the user for the user's annual
+wastewater service charge or one-twelfth (1/12) of the user's annual wastewater
+service charge may be included with the monthly water and/or wastewater utility
+billing. The city shall add a penalty of ten percent (10%) per month if the
+payment is not received by the city within thirty (30) days. Should any user
+fail to pay the user wastewater service charge and penalty within three (3)
+months of the due date, the city may stop the wastewater service to the
+property. (Ord. 228, 5-18-1982)
+7-4-8: REVIEW OF EACH USER'S WASTEWATER SERVICE CHARGE:
+The city shall review the total annual cost of operation and maintenance as
+well as each user's wastewater contribution percentage not less often than
+every two (2) years and will revise the system as necessary to assure equity of
+the service charge system established herein and to assure that sufficient
+funds are obtained to adequately operate and maintain the wastewater treatment
+works. The city shall apply excess revenues collected from a class of users to
+the costs of operation and maintenance attributable to that class for the next
+year and adjust the rate accordingly. If a significant user, such as an
+industry, has completed in-plant modifications which would change that user's
+wastewater contribution percentage, the user can present, at a regularly
+scheduled meeting of the governing body, such factual information and the city
+shall then determine if the user's wastewater contribution percentage is to be
+changed. The city shall notify the user of its findings as soon as possible.
+(Ord. 228, 5-18-1982)
+7-4-9: NOTIFICATION:
+Each user will be notified, at least annually, in conjunction with a regular
+bill, of the rate and that portion of the user charges which are attributable
+to the wastewater treatment services. (Ord. 228, 5-18-1982)
+7-4-10: WASTES PROHIBITED FROM BEING DISCHARGED TO THE WASTEWATER TREATMENT
+SYSTEM:
+The discharge of any waters containing toxic or poisonous solids, liquids or
+gases in sufficient quantity, either singly or by interaction with other
+wastes, to contaminate the sludge of any municipal systems, or to injure or
+interfere with any sewage treatment process, constitute a hazard to humans or
+animals, create a public nuisance, or create any hazard in or have an adverse
+effect on the waters receiving any discharge from the treatment works is hereby
+prohibited.
+Each user which discharges any toxic pollutants which cause an increase in the
+cost of managing the effluent or the sludge of the Choteau treatment works
+shall pay for such increased costs.
+Section
+7-2-5 of this title contains additional requirements covering the use of the
+city's public sewers. (Ord. 228, 5-18-1982)
+7-4-11: PROHIBITION OF CLEAR WATER CONNECTIONS:
+No person shall make connection of roof downspouts, exterior foundation drains,
+areaway drains or other sources of surface runoff or ground water to a building
+sewer or building drain which in turn is connected directly or indirectly to a
+public sanitary sewer. (Ord. 228, 5-18-1982)
+7-4-12: PROPER DESIGN AND CONSTRUCTION OF NEW SEWERS AND CONNECTIONS:
+The size, slope, alignment, materials of construction of all sanitary sewers
+and sewer connections, and the methods to be used in excavating, placing of the
+pipe, jointing, testing and backfilling the trench, shall all conform to the
+requirements of the building and plumbing codes or other applicable rules and
+regulations of the city and the state. In the absence of code provisions or in
+amplification thereof, the materials and procedures set forth in appropriate
+specifications of the ASTM and WPCF "Manual of Practice" number 9 shall apply.
+Section
+7-2-4 of this title contains additional requirements covering the proper design
+and construction of the city's sanitary sewers, building sewers, and
+connections. (Ord. 228, 5-18-1982)
+CHAPTER 5
+UNDERGROUND STORAGE FACILITIES
+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
+any combination thereof, shall install, or cause to be installed, within one
+thousand feet (1,000') of the city well located at 705 Main Avenue North,
+Choteau, Montana, or seven hundred feet (700') of the water source commonly
+known as the Richem well located near Choteau, Montana, any underground storage
+facility of any kind or nature which shall contain petroleum products,
+dangerous substances or toxic materials. (Ord. 240, 10-7-1986)
+TITLE 8
+PUBLIC WAYS AND PROPERTY
+CHAPTER 1
+SIDEWALKS AND CURBS
+SECTION:
+8-1-1: Construction Requirements
+8-1-2: Plans And Specifications
+8-1-3: Council May Order Repair Of Sidewalk
+8-1-4: Notice To Construct Sidewalk
+8-1-5: Contractor To Construct Sidewalk
+8-1-6: Assessment Of Cost
+8-1-7: Sale Of Property Assessed
+8-1-8: Interest On Assessments
+8-1-9: Width Of Sidewalks
+8-1-10: Material
+8-1-11: Crosswalks Required
+8-1-12: Consent Of Council Required Before Construction
+8-1-13: Areaways; Bond Required
+8-1-14: Areaway; Openings
+8-1-15: Dangerous Sidewalk; Repair Of
+8-1-16: Owners To Maintain Sidewalk
+8-1-17: Wet Cement; Trespassing
+8-1-18: Merchandise On Sidewalks
+8-1-19: Animals On Sidewalks Prohibited
+8-1-20: Debris On Sidewalks Unlawful
+8-1-21: Expectorating On Sidewalks
+8-1-22: Duty Of Police Officer
+8-1-23: Driveways; Construction Of
+8-1-1: CONSTRUCTION REQUIREMENTS:
+All sidewalks and curbs constructed or to be constructed within the corporate
+limits shall be subject to and in accordance with the provisions of this
+chapter. (Ord. 24, 4-21-1914)
+8-1-2: PLANS AND SPECIFICATIONS:
+The council may at any time let to the lowest responsible bidder a contract for
+the construction of all cement concrete sidewalks and curbs in accordance with
+the plans and specifications therefor prepared by the engineer and approved by
+the council, which plans and specifications shall provide for the method of
+construction and the material contemplated during the period of such contract,
+and the method of payment therefor. (Ord. 24, 4-21-1914)
+8-1-3: COUNCIL MAY ORDER REPAIR OF SIDEWALK:
+The council may order sidewalks or curbs constructed in front of any lot or
+parcel of land under the special improvement district law, or the council may
+order the construction or reconstruction of any sidewalk or curb without the
+formation of a special improvement district, and assess the cost thereof to the
+abutting property. (Ord. 24, 4-21-1914)
+8-1-4: NOTICE TO CONSTRUCT SIDEWALK:
+Whenever the council shall order any such sidewalk or curb constructed, such
+order shall be entered upon the minutes of the council and shall name the
+street along which sidewalk or curb is to be constructed. After the making of
+such order the clerk shall give written notice thereof or by publication once a
+week for a period of four (4) weeks in one of the newspapers published in the
+city, describing in such notice the termini, course, width, and character of
+the walk or curb so ordered and allowing a period of thirty (30) days during
+which owners so desiring may construct or cause to be constructed the walk or
+curb abutting their property, and further providing, that all such walks or
+curbs so ordered remaining unbuilt at the expiration of said thirty (30) days
+from the date of the notice or the first publication thereof, shall be
+constructed by the contractor for the construction of concrete sidewalks and
+curbs. (Ord. 24, 4-21-1914)
+8-1-5: CONTRACTOR TO CONSTRUCT SIDEWALK:
+At the expiration of thirty (30) days from the date of the first publication of
+the notice the engineer shall notify the contractor to build such portions of
+the sidewalk or curb ordered that may not yet be built and the contractor shall
+at once proceed to construct such walk or curb in accordance with the
+provisions of this chapter and the plans and specifications governing his
+contract at the time of such construction. (Ord. 24, 4-21-1914)
+8-1-6: ASSESSMENT OF COST:
+The total cost of all sidewalks and curbs constructed by the contractor in
+accordance with the orders of the council, which total cost shall include that
+of the sidewalk proper as well as that of any grading, handrailing, private
+crossings and all other necessary expenses, shall be assessed as a special
+assessment against the property in front of which such sidewalk or curb is
+built or constructed. The property occupying street corners shall be assessed
+for all that part of such sidewalk therein which is within the street
+intersection unless otherwise specially ordered by the council. (Ord. 24, 4-21-
+1914)
+8-1-7: SALE OF PROPERTY ASSESSED:
+All the costs and expenses of building and constructing any and all sidewalks
+and curbs in the city shall be defrayed by special assessment payable in
+installments extending over a period of eight (8) years, and the council shall
+issue special improvement bonds or warrants and levy and collect assessments to
+pay the same. When one payment becomes delinquent all payments shall, at the
+option of the council, by appropriate resolution duly adopted, become
+delinquent, and the whole property shall be sold in the same manner as other
+property is sold for taxes. (Ord. 24, 4-21-1914)
+8-1-8: INTEREST ON ASSESSMENTS:
+Upon all payments after the first, the treasurer shall collect simple interest
+at the rate of six percent (6%) per annum from the date when the first payment
+becomes delinquent, and he shall receive payment in full and give receipts
+therefor for the entire special assessment on any property with accrued
+interest at any time the same may be tendered by the owner or agent. (Ord. 24,
+4-21-1914)
+8-1-9: WIDTH OF SIDEWALKS:
+All sidewalks hereafter to be built or constructed in the city, shall be the
+following widths:
+Business streets or avenues:
+Main Avenue, fifteen feet (15') to face of curb;
+Division Street, for one block east and west of Main Avenue fifteen feet (15')
+to face of curb;
+First Street North, for one block east and west of Main Avenue, fifteen feet
+(15') to face of curb; and
+Second Street North, for one block east and west of Main Avenue, fifteen feet
+(15') to face of curb; and
+Third Street North, for one block east and west of Main Avenue, fifteen feet
+(15') to face of curb.
+All avenues except Main Avenue, and all streets except those herein designated
+as business streets are for the purposes of this chapter considered as
+residence streets and the regulation width of all walks on residence streets
+and avenues shall be five and one-half feet (51/2'), the inner line of all
+residence walks shall be two and one-half feet (21/2') from the property line
+and the face of curbs shall be twenty three feet (23') from the property line;
+provided, the council may order a walk of less than regulation width on any
+business street in locations sparsely built upon or only partially improved,
+but the additional width may be at any time ordered when in the opinion of the
+council the same is necessary, or a temporary walk may be built as provided in
+section
+8-1-10 of this chapter; provided, further, that sidewalks shall be located
+along the curb and as part of the curb on the following blocks:
+Blocks numbered fourteen (14), fifteen (15), sixteen (16), seventeen (17),
+eighteen (18), nineteen (19), twenty (20), twenty one (21), twenty two (22) and
+twenty three (23), Sherburne's addition.
+And it is further provided that sidewalks shall be located along the curb and
+as a part of the curb on the following blocks:
+Blocks numbered thirteen (13), fourteen (14), fifteen (15), seventeen (17),
+eighteen (18), nineteen (19), twenty (20), twenty one (21), twenty two (22),
+twenty three (23), twenty four (24), twenty five (25), twenty six (26), twenty
+seven (27), twenty eight (28), twenty nine (29), thirty (30), thirty one (31),
+thirty two (32), thirty three (33) and thirty four (34) of Hobson's addition
+and Swenson's addition. (Ord. 128, 6-4-1956)
+Tracts A, B, C, and D Hobson addition to the city of Choteau.
+(Ord. 143, 6-19-1961)
+And it is further provided that sidewalks shall be located along the curb and
+as a part of the curb on the following blocks:
+Blocks numbered 6, 7, 8 Sherburne addition; the tract known as "school
+grounds";
+Looney tract; block 34, 35, Hazlett's second addition.
+(Ord. 165, 12-18-1967)
+And it is further provided that sidewalks shall be located along the curb and
+as a part of the curb on the following blocks:
+Blocks numbered 3, 4, 5, 6 and 7, Hobson addition to the city of Choteau.
+(Ord. 176, 6-2-1969)
+And it is further provided that sidewalks shall be located in the Country Club
+addition, along the curb and as a part of the combination curb and gutter in
+all blocks of the Country Club addition to the townsite of Choteau. (Ord. 184,
+10-2-1972)
+And it is further provided that sidewalks shall be located in the Cowgill
+addition, along the curb and as a part of the combination curb and gutter in
+all blocks of the Cowgill addition to the townsite of Choteau. (Ord. 186, 1-3-
+1973)
+8-1-10: MATERIAL:
+Hereafter all sidewalks and curbs to be constructed where street grades have
+been established shall be composed only of cement concrete, and all such
+sidewalks and curbs, whether built by property owners or by the contractor must
+conform to the established lines and grades and to the plans and specifications
+current for the year in which the walks and curbs were constructed, provided
+the council may order temporary sidewalks of other material to be constructed
+to meet a necessity or contingency and such temporary walks shall be removed
+and permanent walks built when so ordered by the council. (Ord. 24, 4-21-1914)
+8-1-11: CROSSWALKS REQUIRED:
+It shall be the duty of every person owning any lot or parcel of land bordering
+or abutting upon any parked street, upon which said lot there is situated any
+buildings or improvements, to construct a crosswalk extending from the property
+line of the lot to the curb, so as to permit access to the property without
+injury to the grass border of the parking or boulevard. All such crosswalks
+shall conform to grade and to the plans and specifications current for the year
+in which such walks are built. (Ord. 24, 4-21-1914)
+8-1-12: CONSENT OF COUNCIL REQUIRED BEFORE CONSTRUCTION:
+No person shall construct any sidewalk, crosswalk or curb, or any of the
+improvements mentioned in this chapter without the consent of the council and
+then strictly in accordance with the current plans and specifications for such
+work and under the supervision of the engineer, and reasonable charges for the
+services of the engineer will be made by the city. (Ord. 24, 4-21-1914)
+8-1-13: AREAWAYS; BOND REQUIRED:
+Property owners desiring to utilize the space underneath the sidewalk on
+business streets shall make written application to the council therefor,
+specifying therein the purpose for which same is to be used. The application
+shall be accompanied by a plan thereof showing the character and dimensions of
+the vault or areaway, the sidewalk proper and its support, as well as all
+openings and passageways through the walk; and the council is hereby empowered
+to regulate the construction and subsequent use of all such vaults and areaways
+and the granting by the council of a permit to occupy and use such space shall
+not be construed nor considered as a permanent grant to any part of the street
+or highway, but the permit may be revoked and the area space revert to and be
+utilized by the city at any time public necessity requires it. The council, in
+its discretion may require the applicant for such permit to file a bond in the
+penal sum of two thousand dollars ($2,000.00) for the full and complete
+protection of the city against any and all litigation growing out of the
+granting of such permit and the use of such areaway or space, and to save and
+keep the city safe and harmless from any and all loss or damage arising from or
+out of the use of the space, structure or any of the openings through the
+sidewalk, and as a guarantee of the maintenance of the sidewalk in a
+convenient, safe and passable condition for public use. (Ord. 24, 4-21-1914)
+8-1-14: AREAWAY; OPENINGS:
+Stairways to basements or areaways shall be conformed to that part of the
+sidewalk adjacent to the building line, and shall not exceed the following
+widths: for fifteen foot (15') walk, three and one-half feet (31/2'); for
+twelve foot (12') walk, three feet (3').
+Trapdoors through sidewalks for the moving of merchandise to and from basements
+and areaways shall be substantially constructed of iron and when closed shall
+be firm, unyielding and of strength equal to that required in the sidewalk
+proper, and shall in no case be allowed to project above or be depressed below
+the surface of the sidewalk. Coal holes and like openings through the sidewalks
+for admission of fuel shall not exceed twenty four inches (24") in maximum
+dimensions and shall be provided with cast iron rims and covers, suitably
+roughed having top surface of same set into the walk flush with the surface of
+sidewalk. Trap doors, coal holes and like openings in the sidewalks shall at
+all times be kept closed and securely fastened from the lower side, except when
+in actual use during such times as they remain open, they shall be guarded by
+an attendant who shall remain continually thereby, and during the time such
+coal hole, trapdoor or opening may remain open the same shall be further
+guarded by a barricade placed about such opening in such manner that it may be
+noticed by persons passing nearby. (Ord. 24, 4-21-1914)
+8-1-15: DANGEROUS SIDEWALKS; REPAIR OF:
+Any sidewalks which now are, or which may by reason of deterioration or decay,
+or by reason of unevenness, steps, too rapid slopes or from accidental damage
+or from any cause whatsoever, becomes dangerous to public safety may be
+condemned by the council and ordered rebuilt, repaired or newly built as in
+their judgment may be most expedient. Any sidewalks that may suddenly develop a
+dangerous condition to public safety, thus requiring immediate attention may be
+condemned by the street commissioner and he is hereby empowered to close such
+walk or walks to public travel or he may proceed to immediately repair and
+restore said sidewalks as in his judgment may be the most expedient, and all
+costs for sidewalks maintenance shall be by and at the expense of the owner of
+the abutting property and may be assessed and collected as a special sidewalk
+tax to the property affected. (Ord. 24, 4-21-1914)
+8-1-16: OWNERS TO MAINTAIN SIDEWALK:
+It shall be the duty of the owners of any premises in the city to keep the
+sidewalk in front of and adjoining their premises in good, safe and substantial
+condition and the owners shall see that all breaks or unsoundness resulting
+from any cause whatsoever be repaired with all possible dispatch and when, by
+reason of the construction or repair of sidewalks, sections thereof are removed
+or rendered dangerous or impassible to the public or in case the walk has been
+temporarily removed during the construction of a building, such spaces or
+openings shall be securely fenced or barricaded and from sundown until sunrise
+red lights shall be maintained thereon as long as such condition exists. The
+street commissioner may require a temporary plank walk to be constructed around
+such dangerous walk or barricaded space, the same to extend from sidewalk to
+sidewalk on each side of such space, opening or obstruction. (Ord. 24, 4-21-
+1914)
+8-1-17: WET CEMENT; TRESPASSING:
+It shall be unlawful for any person to tramp, step on or in any manner trespass
+upon any cement or concrete sidewalk or curb in course of construction before
+such walk or curb has been opened to public use. (Ord. 24, 4-21-1914)
+8-1-18: MERCHANDISE ON SIDEWALKS:
+It shall be unlawful for any person to store, keep, deposit, or place any coal
+bin, ash or swill barrel, wagon, plow, goods, wares or merchandise, personal
+property or any other obstruction upon any sidewalk. When merchandise is moved
+across sidewalks to and from buildings the same shall be done in an expeditious
+manner and shall not be allowed to obstruct the sidewalk unnecessarily. (Ord.
+24, 4-21-1914)
+8-1-19: ANIMALS ON SIDEWALKS PROHIBITED:
+It shall be unlawful hereafter for any person to ride or drive any horse, mule
+or other animal, buggy, wagon, automobile, or other vehicle along, over or on
+any of the sidewalks, or to push any cart or wheelbarrow thereon, provided that
+this section shall not be construed to apply to baby carriages or carts. (Ord.
+24, 4-21-1914)
+8-1-20: DEBRIS ON SIDEWALKS UNLAWFUL:
+It shall be unlawful for any person to throw or deposit fruit peelings,
+handbills, advertising matter or devices, sweepings, scrub water or any refuse
+of any kind from any store, saloon, office or other building or to throw, place
+or deposit any of them in any place from which they may be blown upon any of
+the sidewalks, or to do damage in any way to any of the sidewalks. (Ord. 24, 4-
+21-1914)
+8-1-21: EXPECTORATING ON SIDEWALKS:
+It shall be unlawful for any person to spit, hawk or expectorate upon any
+sidewalk or street crossing. (Ord. 24, 4-21-1914)
+8-1-22: DUTY OF POLICE OFFICER:
+It shall be the duty of the police officer to familiarize himself with the
+provisions of this title and enforce the provisions thereof, and he shall
+report to the clerk all defective sidewalks that come to his notice and the
+particulars of any accident that may occur of which he may have or obtain
+knowledge. (Ord. 24, 4-21-1914)
+8-1-23: DRIVEWAYS; CONSTRUCTION OF:
+No person shall build or cause to be built, any driveway entering the premises
+of said person from any street within the business district which shall be more
+than thirty feet (30') in width measured at the curb of the street.
+No person shall be permitted to have more than one driveway for each business
+located on any one street within the business district 1 . (Ord. 173, 6-17-
+1968)
+ 
+Notes
+1 1. RCM 11-974, 11-967, 11-941, 11-940, 11-910, 11-909.
+CHAPTER 2
+SIDEWALK AND CURB FUND
+SECTION:
+8-2-1: Fund Created
+8-2-2: Rate Of Interest; Forms
+8-2-3: Duty Of Council; Assessments
+8-2-1: FUND CREATED:
+There is hereby created a fund to be known as the "special sidewalk and curb
+fund", and the treasurer is hereby directed and required to credit all monies
+derived from special assessments, hereafter levied and assessed against any and
+all property for the purpose of defraying the costs and expenses of building
+sidewalks and curbs under the provisions of chapter 1 of this title, into said
+special fund; provided, however, that this shall not be construed to apply to
+special improvement districts organized under the special improvement district
+law. (Ord. 27, 6-29-1914)
+8-2-2: RATE OF INTEREST; FORMS:
+The cost of constructing all sidewalks and curbs constructed under the
+provisions of chapter 1 of this title shall be paid for in special warrants to
+be drawn upon said special sidewalk and curb fund, which warrants shall bear
+interest at the rate of six percent (6%) per annum, payable annually, and such
+warrants shall be in the following form:
+   SPECIAL SIDEWALK AND CURB WARRANT ISSUED BY
+   THE TOWN OF CHOTEAU, MONTANA.
+No.              $                  
+   The Treasurer of the Town of Choteau will pay to                or bearer,
+the sum of                Dollars out of any moneys in the Special Sidewalk and
+Curb Fund derived from special assessment levied against the property described
+in an order of the Town Council, passed on the      day of 191   , in front of
+which property sidewalks and curbs have been constructed by or under the
+direction of said Town Council, pursuant to said order.
+   This warrant bears interest at the rate of six per cent per annum from the
+date of its registration and until the date called for redemption by the Town
+Treasurer in the manner provided by law.
+   The interest hereon is payable annually on the first day of January in each
+year as expressed by the interest coupons hereto attached, bearing the
+signatures of the Mayor and Town Clerk.
+   This warrant is redeemable at the option of the Town Treasurer whenever
+there are funds to the credit of said special sidewalk and curb fund sufficient
+for the redemption thereof.
+   It is hereby certified and recited that all things required to be done
+precedent to the issuance of this warrant have been properly done and performed
+in the manner prescribed by the laws of the State of Montana, and the
+resolutions and ordinances of the Town of Choteau relating to the issuance
+thereof.
+   Dated at Choteau, Montana, this day      of        , 191  .
+      Town of Choteau,
+      By              Mayor.
+Attest                Town Clerk.
+   Registered at the office of the Treasurer of the Town of Choteau, Montana,
+this                day of          , 191  .
+                         
+        Town Treasurer.
+and the interest coupons shall be in the following form:
+No.              $                    
+   Choteau, Montana,                191  .
+   On January 1, 191   , the Town Treasurer of Choteau, Montana, will at his
+office in said Town, pay to bearer the sum of            Dollars, being the
+interest due on said date on its Special Sidewalk and Curb Fund Warrant No.    
+.
+               Town Clerk              Mayor.
+(Ord. 27, 6-29-1914)
+8-2-3: DUTY OF COUNCIL; ASSESSMENTS:
+The council shall annually, on or before October 1 of each year, pass and adopt
+a resolution levying as assessment and tax against each lot or parcel of land
+in front of which sidewalks and curbs, or sidewalks or curbs, have been
+constructed under any order or orders of the council under the provisions of
+chapter 1 of this title, in the manner provided by law for levying of such
+assessments; and such assessments, when collected, shall be paid into the
+special sidewalk and curb fund for the redemption and payment of warrants drawn
+against said fund for the payment of the cost of construction of sidewalks and
+curbs by or under the direction of the council pursuant to the provisions of
+chapter 1 of this title and in accordance with section 20, chapter 89 of the
+laws of the state of Montana, adopted by the 13th legislative assembly. All
+such resolutions shall provide for simple interest at the rate of six percent
+(6%) per annum from and after a date fixed by the terms of said resolution,
+which date or dates shall be so fixed that sufficient interest shall be
+collected upon said assessments to pay the interest upon any and all warrants
+that shall be issued against said special sidewalk and curb fund at the rate of
+six percent (6%) per annum, and the county treasurer shall collect interest in
+accordance with the terms of said resolution and as provided by section 21 of
+chapter 89 of the laws of the state, adopted by the 13th legislative assembly 1
+. (Ord. 27, 6-29-1914)
+ 
+Notes
+1 1. RCM 11-907.
+CHAPTER 3
+STREET GRADES
+SECTION:
+8-3-1: Bench Mark
+8-3-2: Grades Of Streets And Avenues
+8-3-3: Curb Grades
+8-3-4: Sidewalk Grades
+8-3-5: Grade Points
+8-3-1: BENCH MARK:
+The bench mark established by the United States geological survey at Main
+Avenue South and First St. S.E. be, and the same is hereby designated as the
+official bench mark of the city and to which all elevations and grades are
+hereby referred.
+The location and description of said bench mark is more particularly described
+as follows: A regulation USGS bench mark consisting of a two inch (2") iron
+pipe with brass cap upon which is inscribed the following:
+U.S. Geological Survey B.M. Elevation above Sea 3810 feet Butte. Located in
+front entrance to the Teton County Jail situated on Lots 1 and 2 Block A.
+Hamilton's Addition to Choteau at the Southeast corner of Main Ave. South and
+First St. S.E.
+(Ord. 125, 4-4-1955)
+8-3-2: GRADES OF STREETS AND AVENUES:
+The grades of streets and avenues at the points designated are hereby
+established as the official grades of said streets and avenues. The grade
+points being the block corners, respectively at streets and avenues hereinafter
+named. (Ord. 125, 4-4-1955)
+8-3-3: CURB GRADES:
+Curb grades at all points at right angles with property line shall be at an
+elevation determined by a fall of two and one-half percent (21/2%) from
+property line grade to top of curb. (Ord. 125, 4-4-1955)
+8-3-4: SIDEWALK GRADES:
+Sidewalk grades in business districts and in improved residence districts shall
+be determined in the following manner: A rate of two and one-half percent (21/
+2%) inclination from the established grade at property line of curb grade shall
+determine the elevation and inclination of all sidewalks. (Ord. 125, 4-4-1955)
+8-3-5: GRADE POINTS:
+The slope or grade of streets shall be on straight lines connecting the points
+where the elevations are fixed, as provided by the provisions of this chapter.
+Where the grade points at block corners of intersecting streets are at the same
+elevation thus creating a level grade, the sidewalks, curbs, and the centerline
+through the crown of the roadway shall each be on its respective level line,
+determined for the fixed grade points as described in section
+8-3-2 of this chapter and the drainage of the roadway shall be secured by
+depressing the gutter grade opposite the block corners and elevating it at a
+point midway between the fixed grade points.
+   FIRST AVENUE S.E.
+Block corners on south side of Fifth Street S.E.   3803.58
+Block corners on north side of Fifth Street S.E.   3803.58
+Block corners on south side of Fourth Street S.E.   3805.33
+Block corners on north side of Fourth Street S.E.   3805.33
+Black corners on south side of Third Street S.E.   3806.41
+Block corners on north side of Third Street S.E.   3806.41
+Block corners on south side of Second Street S.E.   3808.16
+Block corners on north side of Second Street S.E.   3808.16
+Block corners on south side of First Street S.E.   3809.91
+Block corners on north side of First Street S.E.   3809.91
+Block corners on south side of East Division Street   3811.66
+Block corners on north side of Third Street S.W.   3804.80
+Block corners on south side of Third Street S.W.   3804.80
+Block corners on north side of Fourth Street S.W.   3801.60
+Block corners on south side of Fourth Street S.W.   3801.60
+   FIRST AVENUE N.E.
+Block corners on north side of East Division Street   3812.00
+Block corners on south side of First Street N.E.   3815.00
+Block corners on north side of First Street N.E.   3815.00
+Block corners on south side of Second Street N.E.   3815.75
+Block corners on north side of Second Street N.E.   3815.75
+Block corners on south side of Third Street N.E.   3817.50
+Block corners on north side of Third Street N.E.   3817.50
+Block corners on south side of Fourth Street N.E.   3819.60
+Block corners on north side of Fourth Street N.E.   3819.60
+Block corners on south side Fifth Street N.E.   3821.35
+Block corners on north side of Fifth Street N.E.   3821.35
+   MAIN AVENUE SOUTH
+Block corners on north side of Sixth Street S.W.   3797.50
+Block corners on south side of Sixth Street S.W.   3797.50
+Block corners on north side of Seventh Street S.W.   3796.20
+Block corners on south side of Seventh Street S.W.   3796.20
+Block corners on south side of Fifth Street   3798.20
+Block corners on north side of Fifth Street   3798.20
+Block corners on south side of Fourth Street   3801.60
+Block corners on north side of Fourth Street   3801.60
+Block corners on south side of Third Street   3804.80
+Block corners on north side of Third Street   3804.80
+Block corners on south side of Second Street   3807.21
+Block corners on north side of Second Street   3807.21
+Block corners on south side of First Street   3808.96
+   MAIN AVENUE NORTH
+Block corners on north side of Division Street   3812.51
+Block corners on south side of First Street   3817.07
+Block corners on north side of First Street   3817.07
+Block corners on south side of Second Street   3817.82
+Block corners on north side of Second Street   3817.82
+Block corners on south side of Third Street   3819.22
+Block corners on north side of Third Street   3819.22
+Block corners on south side of Fourth Street   3820.62
+Block corners on north side of Fourth Street   3820.62
+Block corners on south side of Fifth Street   3822.02
+Block corners on north side of Fifth Street   3822.02
+Block corners on south side of Sixth Street   3824.47
+   EAST COURT STREET
+Block corners on north side of First Street S.E.   3809.45
+Block corners on south side of East Division Street   3811.90
+   WEST COURT STREET
+Block corners on north side of First Street S.W.   3809.45
+Block corners on south side of West Division Street   3811.90
+   FIRST AVENUE S.W.
+Block corners on north side of Sixth Street S.W.   3799.00
+Block corners on south side of Sixth Street S.W.   3799.00
+Block corners on north side of Seventh Street S.W.   3798.40
+Block corners on south side of Seventh Street S.W.   3798.40
+Block corners on north side of Fifth Street S.W.   3800.00
+Block corners on south side of Fifth Street S.W.   3800.00
+Block corners on south side of Fourth Street S.W.   3800.00
+Block corners on north side of Fourth Street S.W.   3800.00
+Block corners on south side of Third Street S.W.   3803.60
+Block corners on north side of Third Street S.W.   3803.60
+Block corners on south side of Second Street S.W.   3806.65
+Block corners on north side of Second Street S.W.   3806.65
+Block corners on south side of First Street S.W.   3809.45
+Block corners on north side of First Street S.W.   3809.45
+Block corners on south side of West Division Street   3811.90
+   FIRST AVENUE N.W.
+Block corners on north side of West Division Street   3811.90
+Block corners on south side of First Street N.W.   3815.41
+Block corners on north side of First Street N.W.   3815.41
+Block corners on south side of Second Street N.W.   3816.16
+Block corners on north side of Second Street N.W.   3816.16
+Block corners on south side of Third Street N.W.   3817.91
+Block corners on north side of Third Street N.W.   3817.91
+Block corners on south side of Fourth Street N.W.   3819.31
+Block corners on north side of Fourth Street N.W.   3819.31
+Block corners on south side of Fifth Street N.W.   3821.06
+Block corners on north side of Fifth Street N.W.   3821.06
+Block corners on south side of Sixth Street N.W.   3822.81
+   SECOND AVENUE S.W.
+Block corners on north side of Fifth Street S.W.   3801.00
+Block corners on south side of Fifth Street S.W.   3801.00
+Block corners on north side of Sixth Street S.W.   3800.20
+Block corners on south side of Sixth Street S.W.   3800.20
+Block corners on north side of Seventh Street S.W.   3799.20
+Block corners on south side of Seventh Street S.W.   3799.20
+Block corners on south side of Fourth Street S.W.   3800.00
+Block corners on north side of Fourth Street S.W.   3800.00
+Block corners on south side of Third Street S.W.   3802.80
+Block corners on north side of Third Street S.W.   3802.80
+Block corners on south side of Second Street S.W.   3806.00
+Block corners on north side of Second Street S.W.   3806.00
+Block corners on south side of First Street S.W.   3810.20
+Block corners on north side of First Street S.W.   3810.20
+Block corners on south side of West Division Street   3812.65
+   SECOND AVENUE N.W.
+Block corners on north side of West Division Street   3812.65
+Block corners on south side of First Street N.W.   3814.40
+Block corners on north side of First Street N.W.   3814.40
+Block corners on south side of Second Street N.W.   3815.15
+Block corners on north side of Second Street N.W.   3815.15
+Block corners on south side of Third Street N.W.   3816.90
+Block corners on north side of Third Street N.W.   3816.90
+Block corners on south side of Fourth Street N.W.   3818.01
+Block corners on north side of Fourth Street N.W.   3818.01
+   THIRD AVENUE S.W.
+Block corners on north side of Fifth Street S.W.   3802.00
+Block corners on south side of Fifth Street S.W.   3802.00
+Block corners on north side of Sixth Street S.W.   3799.50
+Block corners on south side of Sixth Street S.W.   3799.50
+Block corners on north side of Seventh Street S.W.   3798.80
+Block corners on south side of Seventh Street S.W.   3798.80
+Block corners on south side of Fourth Street S.W.   3802.00
+Block corners on north side of Fourth Street S.W.   3802.00
+Block corners on south side of Third Street S.W.   3803.20
+Block corners on north side of Third Street S.W.   3803.20
+Block corners on south side of Second Street S.W.   3805.22
+Block corners on north side of Second Street S.W.   3805.22
+Block corners on south side of First Street S.W.   3809.42
+Block corners on north side of First Street S.W.   3809.42
+Block corners on south side of West Division Street   3811.87
+   THIRD AVENUE N.W.
+Block corners on north side of West Division Street   3811.87
+Block corners on south side of First Street N.W.   3813.62
+Block corners on north side of First Street N.W.   3813.62
+Block corners on south side of Second Street N.W.   3814.37
+Block corners on north side of Second Street N.W.   3814.37
+Block corners on south side of Third Street N.W.   3815.52
+Block corners on north side of Third Street N.W.   3815.52
+   FOURTH AVENUE S.W.
+Block corners on north side of Sixth Street S.W.   3799.67
+Block corners on south side of Sixth Street S.W.   3799.67
+Block corners on north side of Seventh Street S.W.   3797.45
+Block corners on south side of Seventh Street S.W.   3797.45
+Block corners on south side of Fourth Street S.W.   3800.40
+Block corners on north side of Fourth Street S.W.   3800.40
+Block corners on south side of Third Street S.W.   3803.60
+Block corners on north side of Third Street S.W.   3803.60
+Block corners on south side of Second Street S.W.   3805.14
+Block corners on north side of Second Street S.W.   3805.14
+Block corners on south side of First Street S.W.   3808.64
+Block corners on north side of First Street S.W.   3808.64
+Block corners on south side of West Division Street   3811.09
+   FOURTH AVENUE N.W.
+Block corners on north side of West Division Street   3811.09
+Block corners on south side of First Street N.W.   3812.70
+Block corners on north side of First Street N.W.   3812.70
+   FIFTH AVENUE S.W.
+Block corners on north side of Seventh Street S.W.   3797.20
+Block corners on south side of Seventh Street S.W.   3797.20
+Block corners on south side of Fourth Street S.W.   3800.10
+Block corners on north side of Fourth Street S.W.   3800.10
+Block corners on south side of Third Street S.W.   3804.00
+Block corners on north side of Third Street S.W.   3804.00
+Block corners on south side of Second Street S.W.   3805.06
+Block corners on north side of Second Street S.W.   3805.06
+Block corners on south side of First Street S.W.   3807.86
+Block corners on north side of First Street S.W.   3807.86
+   SIXTH AVENUE S.W.
+Block corners on north side of Seventh Street S.W.   3798.40
+Block corners on south side of Seventh Street S.W.   3798.40
+Block corners on south side of Fourth Street S.W.   3800.00
+Block corners on north side of Fourth Street S.W.   3800.00
+Block corners on south side of Third Street S.W.   3802.50
+Block corners on north side of Third Street S.W.   3802.50
+Block corners on south side of Second Street S.W.   3805.06
+Block corners on north side of Second Street S.W.   3805.06
+   SEVENTH AVENUE S.W.
+Block corners on south side of Second Street S.W.   3805.12
+Block corners on north side of Second Street S.W.   3805.12
+Block corners on south side of First Street S.W.   3808.02
+Block corners on north side of First Street S.W.   3808.02
+Block corners on south side of West Division Street   3810.42
+   CITY LIMITS
+Block corners on north side of Third Street S.W   3800.80
+Block corners on south side of Third Street S.W.   3800.80
+Block corners on north side of Fourth Street S.W.   3800.50
+Block corners on south side of Fourth Street S.W.   3800.50
+Block corners on north side of Seventh Street S.W.   3799.40
+Block corners on south side of Seventh Street S.W.   3799.40
+   SEVENTH AVENUE N.W.
+Block corners on north side of West Division Street   3810.42
+Block corners on west side of First Street N.W.   3811.77
+Block corners on east side of First Street N.W.   3812.27
+Block corners on south side of Second Street N.W.   3814.27
+Block corners on north side of Second Street N.W.   3814.27
+Block corners on south side of Third Street N.W.   3815.52
+Block corners on north side of Third Street N.W.   3815.52
+Block corners on south side of Fourth Street N.W.   3818.01
+Block corners on north side of Fourth Street N.W.   3818.01
+Block corners on south side of Fifth Street N.W.   3820.05
+Block corners on north side of Fifth Street N.W.   3820.05
+Block corners on south side of Sixth Street N.W.   3822.81
+Block corners on north side of Sixth Street N.W.   3822.81
+   EIGHTH AVENUE S.W.
+Block corners on north side of Second Street S.W.   3806.47
+Block corners on south side of First Street S.W.   3809.45
+Block corners on north side of First Street S.W.   3809.45
+Block corners on south side of West Division Street   3811.45
+   EIGHTH AVENUE N.W.
+Block corners on north side of West Division Street   3811.45
+Block corners on south side of First Street N.W.   3812.58
+Block corners on north side of First Street N.W.   3812.58
+Block corners on south side of Second Street N.W.   3815.08
+Block corners on north side of Second Street N.W.   3815.08
+Block corners on south side of Third Street N.W.   3816.33
+Block corners on north side of Third Street N.W.   3816.33
+   NINTH AVENUE S.W.
+Block corners on north side of Second Street S.W.   3808.13
+Block corners on south side of First Street S.W.   3810.26
+Block corners on north side of First Street S.W.   3810.26
+Block corners on south side of West Division Street   3812.26
+   NINTH AVENUE N.W.
+Block corners on north side of West Division Street   3812.26
+Block corners on south side of First Street N.W.   3813.39
+Block corners on north side of First Street N.W.   3813.39
+Block corners on south side of School Street   3814.64
+Block corners on north side of School Street   3814.64
+Block corners on south side of Second Street N.W.   3815.89
+Block corners on north side of Second Street N.W.   3815.89
+Block corners on south side of Third Street N.W.   3817.14
+Block corners on north side of Third Street N.W.   3817.14
+   TENTH AVENUE S.W.
+Block corners on north side of First Street S.W.   3811.07
+Block corners on south side of West Division Street   3813.07
+   TENTH AVENUE N.W.
+Block corners on north side of West Division Street   3813.07
+Block corners on south side of First Street N.W.   3814.20
+Block corners on north side of First Street N.W.   3814.20
+Block corners on south side of School Street   3815.45
+Block corners on north side of School Street   3815.45
+Block corners on south side of Second Street N.W.   3816.70
+Block corners on north side of Second Street N.W.   3816.70
+Block corners on south side of Third Street N.W.   3817.95
+Block corners on north side of Third Street N.W.   3817.95
+   THIRD AVENUE N.E.
+Block corners on south side of First Street N.E.   3813.95
+Block corners on north side of First Street N.E.   3813.95
+Block corners on south side of Second Street N.E.   3814.40
+Block corners on north side of Second Street N.E.   3814.40
+Block corners on south side of Third Street N.E.   3816.15
+Block corners on north side of Third Street N.E.   3816.15
+Block corners on south side of Fourth Street N.E.   3818.25
+Block corners on north side of Fourth Street N.E.   3818.25
+   FOURTH AVENUE N.E.
+Block corners on north side of East Division Street   3811.98
+Block corners on south side of First Street N.E.   3814.43
+Block corners on north side of First Street N.E.   3814.43
+Block corners on south side of Second Street N.E.   3815.18
+Block corners on north side of Second Street N.E.   3815.18
+Block corners on south side of Third Street N.E.   3816.93
+Block corners on north side of Third Street N.E.   3816.93
+Block corners on south side of Fourth Street N.E.   3818.33
+Block corners on north side of Fourth Street N.E.   3818.33
+   FIFTH AVENUE N.E.
+Block corners on north side of East Division Street   3811.20
+Block corners on south side of First Street N.E.   3813.65
+Block corners on north side of First Street N.E.   3813.65
+Block corners on south side of Second Street N.E.   3814.40
+Block corners on north side of Second Street N.E.   3814.40
+Block corners on south side of Third Street N.E.   3816.15
+Block corners on north side of Third Street N.E.   3816.15
+Block corners on south side of Fourth Street N.E.   3818.60
+   SIXTH AVENUE N.E.
+Block corners on south side of East Division Street   3810.42
+Block corners on north side of East Division Street   3810.42
+Block corners on south side of First Street N.E.   3812.87
+Block corners on north side of First Street N.E.   3812.87
+Block corners on south side of Second Street N.E   3813.62
+Block corners on north side of Second Street N.E.   3813.62
+Block corners on south side of Third Street N.E.   3815.37
+Block corners on north side of Third Street N.E.   3815.37
+   SEVENTH AVENUE N.E.
+Block corners on south side of East Division Street   3811.20
+Block corners on north side of East Division Street   3811.20
+Block corners on south side of First Street N.E.   3813.65
+Block corners on north side of First Street N.E.   3813.65
+Block corners on south side of Second Street N.E.   3814.40
+Block corners on north side of Second Street N.E.   3814.40
+Block corners on south side of Third Street N.E.   3816.15
+Block corners on north side of Third Street N.E.   3816.15
+   EIGHTH AVENUE N.E.
+Block corners on south side of East Division Street   3811.98
+Block corners on north side of East Division Street   3811.98
+Block corners on south side of First Street N.E.   3814.43
+Block corners on north side of First Street N.E.   3814.43
+Block corners on south side of Second Street N.E.   3815.18
+Block corners on north side of Second Street N.E.   3815.18
+   NINTH AVENUE N.E.
+Block corners on south side of First Street N.E.   3815.21
+Block corners on north side of First Street N.E.   3815.21
+Block corners on south side of Second Street N.E.   3815.96
+Block corners on north side of Second Street N.E.   3815.96 1
+(Ord. 125, 4-4-1955)
+ 
+Notes
+1 1. RCM 11-970.
+CHAPTER 4
+UTILITY POLES
+SECTION:
+8-4-1: Erection Of Utility Poles
+8-4-2: Penalty
+8-4-1: ERECTION OF UTILITY POLES:
+All poles carrying telegraph, telephone, electric light or other wires shall be
+erected in the alleys, provided, however, that whenever it is impossible or
+impracticable to properly serve the public from the alleys, such poles may be
+erected on the streets, under the written permission of the mayor 1 . (Ord. 42,
+8-23-1915)
+ 
+Notes
+1 1. RCM 11-945.
+8-4-2: PENALTY:
+Any person violating the provisions of this chapter shall be punished, upon
+conviction thereof, by a fine of not less than five dollars ($5.00) nor more
+than twenty five dollars ($25.00) for each pole erected contrary to the
+provisions hereof, providing that the total fine in any case shall not exceed
+three hundred dollars ($300.00), and each such pole is hereby declared to be a
+nuisance and shall be at once removed, and each day that such pole is allowed
+to remain in position contrary to the provision of this chapter after the same
+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:
+8-5-1: District Created
+8-5-2: Assessment Of Property; Method Of
+8-5-3: District Fund
+8-5-1: DISTRICT CREATED:
+There shall be established within the city a street sprinkling district
+comprising all of the city for the purpose of sprinkling the streets or avenues
+with water, oil or any other dust palliative, and the council is authorized to,
+by resolution, set up and define the boundaries of the district and enumerate
+the streets, alleys and other public places to constitute the district. (Ord.
+123, 3-1-1954)
+8-5-2: ASSESSMENT OF PROPERTY; METHOD OF:
+The council is authorized to assess the property embraced within the district
+to pay the cost and expense of the sprinkling district.
+The method of assessment for such cost and expense of the district shall be
+assessed on an area basis; that is, each lot or parcel of land within such
+district shall be assessed for that part of the whole cost which its area bears
+to the area of the entire district, exclusive of streets, avenues, alleys and
+public places. (Ord. 123, 3-1-1954)
+8-5-3: DISTRICT FUND:
+The treasurer shall set up a district revolving fund from which the expense and
+cost of the sprinkling district shall be paid 1 . (Ord. 123, 3-1-1954)
+ 
+Notes
+1 1. RCM 11-971, 11-2258.
+CHAPTER 6
+FENCES
+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
+not construct any board fence or picket fence or any fence that is so
+constructed as to impede the view, or any ornamental hedge shall not be
+permitted to grow in height to exceed four feet (4'), so as to interfere with
+traffic, both pedestrian and vehicular. The fence or hedge to be constructed or
+planted at least thirty inches (30") from the inside edge of the sidewalk, and
+the hedge shall not be permitted to grow so as to extend across the edge of the
+sidewalk, thus interfering with traffic thereon 1 . (Ord. 107, 12-4-1950)
+ 
+Notes
+1 1. RCM 11-952.
+CHAPTER 7
+TREES AND SHRUBBERY
+SECTION:
+8-7-1: Purpose
+8-7-2: Definitions
+8-7-3: Creation And Establishment Of City Tree Board
+8-7-4: Comprehensive City Tree Plan
+8-7-5: Tree Species To Be Planted
+8-7-6: Spacing
+8-7-7: Distance From Curb And Sidewalk
+8-7-8: Distance From Fire Hydrants
+8-7-9: Pruning And Corner Clearance
+8-7-10: Utilities
+8-7-11: Responsibility For Tree Care
+8-7-12: Pruning Standards
+8-7-13: Tree Topping
+8-7-14: Diseased Tree Removal On Private Property
+8-7-15: Removal Of Stumps
+8-7-16: Protection Of Trees
+8-7-17: Arborist's License And Bond
+8-7-18: Review By City Council
+8-7-19: Penalty
+8-7-1: PURPOSE:
+The purpose of this chapter is to protect the health, safety, and welfare of
+both the public citizenry and the trees and vegetation in the city of Choteau
+by establishing standards and regulations to control planting, removal,
+maintenance, and protection of all trees, shrubs, and vegetation; to establish
+a tree board; to provide for the development of a comprehensive plan for the
+management of trees, shrubs, and vegetation on public property. (Ord. 298, 3-
+16-2004)
+8-7-2: DEFINITIONS:
+PARK TREES: Trees, shrubs, bushes, and all other woody vegetation in public
+parks.
+STREET TREES: Trees, shrubs, bushes, and all other woody vegetation on land
+lying within the public right of way on either side of all streets, avenues, or
+alleys within the city of Choteau. (Ord. 298, 3-16-2004)
+8-7-3: CREATION AND ESTABLISHMENT OF CITY TREE BOARD:
+There is hereby created and established a city tree board for the city of
+Choteau which shall consist of seven (7) members, citizens and residents of
+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)
+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
+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:
+The city tree board shall study, investigate, counsel, develop, and update as
+needed a written plan for the care, preservation, pruning, planting,
+replanting, removal, or disposition of trees, shrubs, and other vegetation in
+parks and along streets, avenues, and alleys. Such plan will be presented to
+the city council and upon their acceptance and approval shall constitute the
+official comprehensive city tree plan. The tree plan shall be administered by
+the city's public works director. (Ord. 298, 3-16-2004)
+8-7-5: TREE SPECIES TO BE PLANTED:
+The city tree board shall develop and maintain a list of desirable trees for
+planting as street trees and park trees in three (3) size classes based on
+mature height: small (under 20 feet), medium (20 to 40 feet), and large (over
+40 feet). Efforts shall be made to ensure a sufficient diversity of tree
+species. (Ord. 298, 3-16-2004)
+8-7-6: SPACING:
+Street trees shall be planted no closer together than the following: small
+trees, fifteen feet (15'); medium trees, twenty five feet (25'); and large
+trees, thirty five feet (35'); except in special plantings designed or approved
+by the city tree board. (Ord. 298, 3-16-2004)
+8-7-7: DISTANCE FROM CURB AND SIDEWALK:
+Street trees shall be planted no closer to any curb or sidewalk than two feet
+(2') for small trees and three feet (3') for medium or large trees. (Ord. 298,
+3-16-2004)
+8-7-8: DISTANCE FROM FIRE HYDRANTS:
+Street trees shall not be planted within ten feet (10') of any fire hydrant.
+(Ord. 298, 3-16-2004)
+8-7-9: PRUNING AND CORNER CLEARANCE:
+All trees shall be pruned so that branches overhanging any street, avenue, or
+alley shall not severely obstruct the light from any street lamp or obstruct
+the view of any intersection and so that there shall be a clear space of
+thirteen feet (13') above the street surface or eight feet (8') above the
+sidewalk surface. Any dead, diseased, or dangerous trees, or broken or decayed
+limbs which constitute a menace to the safety of the public must be removed.
+See also section
+9-4-14 of this code. (Ord. 298, 3-16-2004; amd. Ord. 304, 4-10-2012)
+Tree limbs that grow near high voltage electrical conductors shall be
+maintained clear of such conductors by the electric utility company in
+compliance with any applicable franchise agreements. A utility tree trimming
+policy must be reviewed by the utility company and the city tree board prior to
+any trimming by the utility company. (Ord. 298, 3-16-2004)
+8-7-10: UTILITIES:
+Medium or large street trees shall not be planted under or within ten (10)
+lateral feet of any overhead utility wire. Any size street tree shall not be
+planted within five (5) lateral feet of any underground water line, sewer line,
+transmission line, or other utility. (Ord. 298, 3-16-2004)
+8-7-11: RESPONSIBILITY FOR TREE CARE:
+The adjoining property owner shall be responsible for the maintenance of street
+trees, including planting, pruning, removal, replacement, and disposal of any
+debris resulting from such maintenance. If it becomes apparent that maintenance
+is needed for any street trees, the property owner shall respond within sixty
+(60) days to the tree board with a plan for the maintenance. (Ord. 298, 3-16-
+2004)
+8-7-12: PRUNING STANDARDS:
+All tree pruning of street trees or park trees shall conform to the ANSI A300
+standards for tree care operations. (Ord. 298, 3-16-2004)
+8-7-13: TREE TOPPING:
+It shall be unlawful as a normal practice for any person, firm, or city
+department to top any street tree or park tree. "Topping" is defined as the
+severe cutting back of limbs to stubs larger than three inches (3") in diameter
+within the tree's crown to such a degree so as to remove the normal canopy and
+disfigure the trees. Crown reduction by a qualified arborist may be
+substituted, where appropriate. Trees severely damaged by storms or other
+causes, or certain trees under utility wires or other obstructions where other
+pruning practices are impractical may be exempted from this chapter at the
+determination of the city tree board. (Ord. 298, 3-16-2004)
+8-7-14: DISEASED TREE REMOVAL ON PRIVATE PROPERTY:
+The city of Choteau shall have the right to cause the removal of any diseased
+trees on private property within the city when such trees harbor insects or
+disease which constitutes a potential threat to other trees within the city.
+The city tree board will notify in writing the owners of such trees. Removal
+shall be done by said owners at their own expense within sixty (60) days after
+the date of service of notice. In the event of failure of owners to comply with
+such provisions, the city shall have the authority to remove such trees and
+charge the cost of removal on the owner's property tax. (Ord. 298, 3-16-2004)
+8-7-15: REMOVAL OF STUMPS:
+All stumps of street and park trees shall be removed below the surface of the
+ground so that the top of the stump shall not project above the surface of the
+ground. (Ord. 298, 3-16-2004)
+8-7-16: PROTECTION OF TREES:
+In order to maintain the overall forest, reasonable efforts shall be made to
+replace street and park trees that are removed and to protect quality trees
+that are endangered. Street and park trees that are removed by decision of the
+city tree board or by natural causes shall be replaced on a one for one basis
+within one year or as determined by the city tree board. The location and
+species of the replacement tree shall be determined by the board. Trees of
+desirable species and good health shall be protected as much as possible from
+damage during construction, sidewalk repair, utilities work above and below
+ground, and other similar activities. The zone of protection shall include the
+area beneath the canopy of the tree. (Ord. 298, 3-16-2004)
+8-7-17: ARBORIST'S LICENSE AND BOND:
+The tree board and/or the city's public works director may require a licensed
+and bonded arborist to perform major maintenance or pruning of mature trees.
+(Ord. 298, 3-16-2004)
+8-7-18: REVIEW BY CITY COUNCIL:
+The city council shall have the right to review the conduct, acts, and
+decisions of the city tree board. Any person may appeal any ruling or order of
+the city tree board to the city council who may hear the matter and make final
+decisions. Appeals must be made within thirty (30) days of the ruling or order.
+(Ord. 298, 3-16-2004)
+8-7-19: PENALTY:
+Any person or firm violating any provision of this chapter shall be, upon
+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:
+8-8-1: Crossings To Be Lighted
+8-8-2: Failure To Comply; Assessment
+8-8-1: CROSSINGS TO BE LIGHTED:
+Any person owning and operating any railroad track or route within the limits
+of the city, the motive power of which is steam or otherwise, shall place or
+cause to be placed, and shall maintain, at the intersection or crossing of said
+track with each and every public street, alley, road or highway, within the
+limits of the city, a light or lights equal to an illumination of sixty (60)
+candlepower, and such light shall be kept in good working order, and shall be
+lighted during all the hours of darkness, and shall be so placed as to light
+the crossing of said track over the public street, alley, road or highway in
+such manner that persons using the crossing may be able to plainly see the same
+when approaching thereto. (Ord. 17, 1-5-1914)
+8-8-2: FAILURE TO COMPLY; ASSESSMENT:
+In case the owner of any such railroad track or route fails to comply with the
+provisions of this chapter after reasonable notice, the council may cause the
+same to be done, and it may assess the expense thereof against such owner, and
+such assessment shall constitute a lien on any property belonging to such owner
+within the limits of the city and may be collected as other taxes. (Ord. 17, 1-
+5-1914)
+CHAPTER 9
+EXCAVATIONS
+SECTION:
+8-9-1: Permit Required; Fees
+8-9-2: Materials
+8-9-3: Barricade
+8-9-4: Compliance Required
+8-9-1: PERMIT REQUIRED; FEES:
+Every person who, except where such person is a public utility operating under
+a franchise or contract with the city, under which the public utility or person
+may construct, equip, lay, maintain and operate pipe lines and appurtenances
+in, under, upon, over and across streets, avenues, alleys, highways, bridges,
+easements and other public places within the city, shall make any excavation
+in, or dig any hole, drain or ditch in, or in any way obstruct any
+thoroughfare, street, alley or highway within the limits of the city without
+first having obtained a permit therefor from the council or its authorized
+representative. A fee of five dollars ($5.00) shall be paid to the city for the
+issuance of such permit. (Ord. 141, 4-3-1961)
+8-9-2: MATERIALS:
+All materials excavated pursuant to such permit shall be hauled away by the
+permittee and the excavation backfilled with compacted gravel approved by the
+street foreman. All cuts in paved areas shall be repaired by not less than
+three inches (3") of plant mix oil and crushed gravel, firmly compacted and
+leveled to grade so as to restore the excavated area to its original condition.
+(Ord. 139, 11-21-1960)
+8-9-3: BARRICADE:
+Any person who, after having obtained a proper permit to do so makes any
+excavation, or digs any hole, drain or ditch, or places any other obstruction
+in or upon any thoroughfare, street, alley or highway within the city limits,
+must erect an efficient barricade around such excavation, drain, ditch, hole or
+other obstruction and warning lights shall be maintained therefrom from dark to
+daylight until such time as said thoroughfare, street, alley or highway has
+been restored to safe and passable travel. (Ord. 139, 11-21-1960)
+8-9-4: COMPLIANCE REQUIRED:
+Any person who shall make any excavation in, or dig any hole, drain or ditch
+in, or anyway obstruct any thoroughfare, street, alley or highway within the
+city limits, without first having obtained a permit therefor from the council
+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:
+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
+limits to keep the sidewalk in front of and abutting his premises free and safe
+for pedestrians and with all reasonable dispatch to remove snow, ice, slush,
+mud and other threats to safe foot travel, and to prevent the accumulation of
+the same upon such sidewalks. The sidewalks abutting such owner's or tenant's
+premises must be cleared by such owner or tenant from the night's accumulation
+of snow or ice or other impediment before eleven o'clock (11:00) A.M.,
+following such accumulation thereof in business and industrial districts. All
+snow or ice or other impediment shall be removed from residential areas within
+twenty four (24) hours after any such accumulation. It shall be the duty of
+such tenant or owner of said premises to keep the sidewalks in front of the
+premises free and safe for pedestrians, and to prevent the continuance and
+accumulation of the materials described herein upon such sidewalks.
+Polish or smoothness resulting from any cause which renders a sidewalk
+dangerous and unsafe, shall be sanded and where there is permanent polish or
+smoothness on a sidewalk, the surface of the sidewalk shall be repaired.
+If the aforesaid parties shall fail to comply with the provisions of this
+chapter, the city shall cause any and all obstructions to be removed or
+smoothness or polish repaired and shall bill the cost thereof, together with a
+reasonable charge for administration and supervision, to the said parties. If
+said charges are not paid within sixty (60) days, the city council shall pass a
+resolution assessing said charges as a special tax against the premises.
+Violation of this chapter shall be deemed a misdemeanor and any person
+violating the provisions of this chapter may be fined in an amount from five
+dollars ($5.00) and not to exceed fifty dollars ($50.00) for each offense.
+Nothing contained in chapter 1 of this title shall be construed to release the
+owners or tenants of real estate from the duty of keeping the sidewalk in front
+of or adjoining their respective premises at all times in a safe and passable
+condition and in good and thorough state of repair, but such duty is hereby
+expressly enjoined and imposed upon all such owners and tenants. (Ord. 217, 12-
+18-1979)
+CHAPTER 11
+FUEL PUMP PLACEMENT
+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,
+oil or any other kind of pump or piece of machinery, to serve the public, on
+the sidewalk curbing or upon the sidewalk, but that any such pump or vending
+machine must be placed within the boundaries upon the property of abutting
+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:
+8-12-1: Definition
+8-12-2: Duty Of Water Superintendent
+8-12-3: Interference Unlawful
+8-12-4: Destruction Of Pipes
+8-12-1: DEFINITION:
+The term "Old School House Springs" as used herein shall mean that certain
+natural spring rising in or near the Northwest corner NE1/4SW1/4, section 24,
+township 24 north range 5 west MPM. (Ord. 71, 4-4-1932)
+8-12-2: DUTY OF WATER SUPERINTENDENT:
+It is hereby made the duty of the water superintendent, or such other person as
+the council may from time to time designate, under the direction of the
+council, to supervise the flowage and disposition of the flowage of the waters
+of "Old School House Springs" and all other springs and wells, owned or within
+the control of the city, as a source of water supply. (Ord. 71, 4-4-1932)
+8-12-3: INTERFERENCE UNLAWFUL:
+Any interference with the flowage of said spring or other source by placing of
+any dam, obstruction, refuse, rubbish or contaminative material therein or in
+the water or channel therefrom, in such manner as to impair the purity of said
+water or deprive the city of the full use and benefit thereof to the full
+extent of its rights therein, is hereby prohibited and any person violating any
+provision of this section shall be guilty of a misdemeanor. (Ord. 71, 4-4-1932)
+8-12-4: DESTRUCTION OF PIPES:
+Any person who shall, excepting as may from time to time, authorized by the
+council, obstruct, tamper with, break or injure any dam, dike, pipe valve,
+flume, ditch or other fixture or appurtenance, used or constructed by the city
+in and about the diversion of any of the water of said spring, or other source,
+shall be guilty of a misdemeanor 1 . (Ord. 71, 4-4-1932; amd. 1967 Code)
+ 
+Notes
+1 1. RCM 11-1001, 11-981.
+CHAPTER 13
+ANTILITTER REGULATIONS
+SECTION:
+8-13-1: Short Title
+8-13-2: Definitions
+8-13-3: Litter In Public Places Unlawful
+8-13-4: Placement Of Litter In Receptacles; Scattering
+8-13-5: Sweeping Litter Into Gutters Prohibited
+8-13-6: Merchants' Duty To Keep Sidewalks Free Of Litter
+8-13-7: Litter Thrown By Persons In Vehicles
+8-13-8: Truckloads Causing Litter
+8-13-9: Litter In Parks
+8-13-10: Litter In Lakes And Fountains
+8-13-11: Commercial Handbills; Public Places
+8-13-12: Commercial And Noncommercial Handbills; Vehicles
+8-13-13: Depositing Commercial And Noncommercial Handbills; Uninhabited Or
+Vacant Premises
+8-13-14: Prohibiting Distribution Of Handbills; Posted Property
+8-13-15: Distributing Commercial And Noncommercial Handbills At Inhabited
+Private Premises
+8-13-16: Litter From Aircraft
+8-13-17: Posting Notices Prohibited
+8-13-18: Litter On Occupied Private Property
+8-13-19: Owner To Maintain Premises Free Of Litter
+8-13-20: Litter On Vacant Lots
+8-13-21: Clearing Of Litter From Open Private Property By City
+8-13-1: SHORT TITLE:
+This chapter shall be known and may be cited as the CHOTEAU ANTILITTER
+REGULATIONS. (Ord. 144, 12-18-1961)
+8-13-2: DEFINITIONS:
+For the purpose of this chapter the following terms, phrases, words, and their
+derivations shall have the meanings given herein.
+AIRCRAFT: Any contrivance now known or hereafter invented, used or designated
+for navigation or for flight in the air. The word "aircraft" shall include
+helicopters and lighter than air dirigibles and balloons.
+AUTHORIZED PRIVATE RECEPTACLE: A litter storage and collection receptacle as
+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
+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
+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
+taken up for the purpose of defraying expenses incident to such meeting,
+theatrical performance, exhibition, or event of any kind, when either of the
+same is held, given or takes place in connection with the dissemination of
+information which is not restricted under the ordinary rules of decency, good
+morals, public peace, safety and good order; provided, that nothing contained
+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
+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.
+GARBAGE: Putrescible animal and vegetable wastes resulting from the handling,
+preparation, cooking and consumption of food.
+LITTER: Includes "Garbage", "Refuse" and "Rubbish" as defined herein and all
+other waste material which, if thrown or deposited as herein prohibited, tends
+to create a danger to public health, safety or welfare; or presents an
+unsightly appearance.
+NEWSPAPER: Any newspaper of general circulation as defined by general law, any
+newspaper duly entered with the post office department of the United States, in
+accordance with federal statute or regulation, and any newspaper filed and
+recorded with any recording officer as provided by general law; and in addition
+thereto, shall mean and include any periodical or current magazine regularly
+published with not less than four (4) issues per year, and sold to the public.
+NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample, or device,
+dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or
+any other printed or otherwise reproduced original or copies of any matter of
+literature not included in the aforesaid definition of a commercial handbill or
+newspaper.
+PARK: A park, reservation, playground, beach, recreation center or any other
+public area in the city, owned or used by the city and devoted to active or
+passive recreation.
+PRIVATE PREMISES: Any dwelling, house, building, or other structure, designed
+or used either wholly or in part for private residential purposes, whether
+inhabited or temporarily or continuously uninhabited or vacant, and shall
+include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox
+belonging or appurtenant to such dwelling, house, building, or other structure.
+PUBLIC PLACE: Any and all streets, sidewalks, boulevards, alleys or other
+public ways and any and all public parks, squares, spaces, grounds and
+buildings.
+REFUSE: All putrescible and nonputrescible solid wastes, except body wastes,
+including garbage, rubbish, ashes, street cleanings, dead animals, abandoned
+automobiles, and solid market and industrial wastes.
+RUBBISH: Nonputrescible solid wastes, consisting of both combustible and
+noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin
+cans, yard clippings, wood, glass, bedding, crockery and similar materials.
+VEHICLE: Every device in, upon, or by which any person or property is or may be
+transported or drawn upon a highway, including devices used exclusively upon
+stationary rails or tracks. (Ord. 144, 12-18-1961)
+8-13-3: LITTER IN PUBLIC PLACES UNLAWFUL:
+No person shall throw or deposit litter in or upon any public place within the
+city except in public receptacles or in authorized private receptacles for
+collection, or in official city dumps. (Ord. 144, 12-18-1961)
+8-13-4: PLACEMENT OF LITTER IN RECEPTACLES; SCATTERING:
+Persons placing litter in public receptacles or in authorized private
+receptacles shall do so in such a manner as to prevent it from being carried or
+deposited by the elements upon any public place. (Ord. 144, 12-18-1961)
+8-13-5: SWEEPING LITTER INTO GUTTERS PROHIBITED:
+No persons shall sweep into or deposit in any gutter, or other public place
+within the city the accumulation of litter from any building or lot or from any
+public or private sidewalk or driveway. Persons owning or occupying property
+shall keep the sidewalk in front of their premises free of litter. (Ord. 144,
+12-18-1961)
+8-13-6: MERCHANTS' DUTY TO KEEP SIDEWALKS FREE OF LITTER:
+No person owning or occupying a place of business shall sweep into or deposit
+in any gutter or other public place within the city, the accumulation of litter
+from any building or lot or from any public or private sidewalks or driveway.
+Persons owning or occupying places of business within the city shall keep the
+sidewalk in front of their business premises free of litter. (Ord. 144, 12-18-
+1961)
+8-13-7: LITTER THROWN BY PERSONS IN VEHICLES:
+No person while a driver or passenger in a vehicle, shall throw or deposit
+litter upon any public place within the city. (Ord. 144, 12-18-1961)
+8-13-8: TRUCKLOADS CAUSING LITTER:
+No person shall drive or move any truck or other vehicle within the city unless
+such vehicle is so constructed or loaded as to prevent any load or contents of
+litter from being blown or deposited upon any public place. (Ord. 144, 12-18-
+1961)
+8-13-9: LITTER IN PARKS:
+No person shall throw or deposit litter in any park within the city except in
+public receptacles and in such a manner that the litter will be prevented from
+being carried or deposited by the elements upon any part of the park or upon
+any public place. Where public receptacles are not provided, all such litter
+shall be carried away from the park by the person responsible for its presence
+and properly disposed of elsewhere. (Ord. 144, 12-18-1961)
+8-13-10: LITTER IN LAKES AND FOUNTAINS:
+No person shall throw or deposit litter in any fountain, pond, lake, stream, or
+any other body of water in a park or elsewhere within the city. (Ord. 144, 12-
+18-1961)
+8-13-11: COMMERCIAL HANDBILLS; PUBLIC PLACES:
+No person shall throw or deposit any commercial or noncommercial handbill in or
+upon any public place within the city. Nor shall any person hand out or
+distribute or sell any commercial handbill in any public place; provided,
+however, that it shall not be unlawful on any sidewalk, street, or other public
+place within the city for any person to hand out or distribute, without charge
+to receiver thereof, any noncommercial handbill to any person willing to accept
+it. (Ord. 144, 12-18-1961)
+8-13-12: COMMERCIAL AND NONCOMMERCIAL HANDBILLS; VEHICLES:
+No person shall throw or deposit any commercial or noncommercial handbill in or
+upon any vehicle; provided, however, that it shall not be unlawful in any
+public place for a person to hand out or distribute without charge to the
+receiver thereof, a noncommercial handbill to any occupant of a vehicle who is
+willing to accept it. (Ord. 144, 12-18-1961)
+8-13-13: DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS; UNINHABITED OR
+VACANT PREMISES:
+No person shall throw or deposit any commercial or noncommercial handbill in or
+upon any private premises which are temporarily or continuously uninhabited or
+vacant. (Ord. 144, 12-18-1961)
+8-13-14: PROHIBITING DISTRIBUTION OF HANDBILLS; POSTED PROPERTY:
+No person shall throw, deposit or distribute any commercial or noncommercial
+handbill upon any private premises, if required by anyone thereon not to do so,
+or if there is placed on said premises in a conspicuous position near the
+entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or
+Agents", "No Advertisement", or any similar notice, indicating in any manner
+that the occupants of said premises, do not desire to be molested or have their
+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
+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;
+provided, however, that in case of inhabited private premises which are not
+posted, as provided in this chapter, such person, unless requested by anyone
+upon such premises not to do so, shall have the authority to place or deposit
+any such handbill in or upon such inhabited private premises, if such handbill
+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
+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:
+No person in an aircraft shall throw out, drop or deposit within the city any
+litter, handbill or any other object. (Ord. 144, 12-18-1961)
+8-13-17: POSTING NOTICES PROHIBITED:
+No person shall post or affix any notice, poster or other paper or device,
+calculated to attract the attention of the public, to any lamp post, public
+utility pole or shade tree, or upon any public structure or building, except as
+may be authorized or required by law. (Ord. 144, 12-18-1961)
+8-13-18: LITTER ON OCCUPIED PRIVATE PROPERTY:
+No person shall throw or deposit litter on any occupied private property within
+the city, whether owned by such person or not, except that the owner or person
+in control of private property may maintain authorized private receptacles for
+collection in such a manner that litter will be prevented from being carried or
+deposited by the elements, upon any street, sidewalk or other public place or
+upon any private property. (Ord. 144, 12-18-1961)
+8-13-19: OWNER TO MAINTAIN PREMISES FREE OF LITTER:
+The owner or person in control of any private property shall at all times
+maintain the premises free of litter; provided, however, that this section
+shall not prohibit the storage of litter in authorized private receptacles for
+collection. (Ord. 144, 12-18-1961)
+8-13-20: LITTER ON VACANT LOTS:
+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,
+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
+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)
+days after the date of such notice in the event the same is returned to the
+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
+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
+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
+city a sworn statement showing the cost and expense incurred for the work, the
+date the work was done and the location of the property on which said work was
+done. Said costs and expenses shall be collected in the manner fixed by law for
+the collection of taxes. Sworn statements recorded in accordance with the
+provisions hereof shall be prima facie evidence that all legal formalities have
+been complied with and that the work has been done properly and satisfactorily,
+and shall be full notice to every person concerned that the amount of the
+statement, plus interest, constitutes a charge against the property designated
+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:
+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
+within city park land.
+   (B)   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)
+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
+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,
+recreational vehicle, motorcycle or any other motor vehicle or bicycle used on
+the highway. (Ord. 287, 7-11-2000)
+8-14-2: PENALTIES:
+Any person violating any of the provisions of this chapter shall be guilty of a
+misdemeanor, and on conviction thereof shall be fined in an amount not to
+exceed five hundred dollars ($500.00) for each violation and imprisonment up to
+ten (10) days. Each day in which such violation continues shall be deemed a
+separate offense. (Ord. 284, 10-5-1999)
+TITLE 9
+ZONING
+CHAPTER 1
+TITLE, PURPOSE, AUTHORITY, AND GENERAL ADMINISTRATIVE PROVISIONS
+SECTION:
+9-1-1: Title
+9-1-2: Purpose
+9-1-3: Authority
+9-1-4: Conflicting And Prior Regulations Repealed
+9-1-5: Vesting
+9-1-6: Provisions Of Title Declared To Be Minimum Requirements; Most
+Restrictive Standards Apply
+9-1-7: Interpretation
+9-1-8: Burden Of Proof
+9-1-9: Severability
+9-1-10: Liability
+9-1-1: TITLE:
+The regulations, standards, and procedures contained herein shall be known as
+the ZONING TITLE OF THE CITY OF CHOTEAU, MONTANA, and may be commonly referred
+to as zoning regulations or zoning code. These regulations constitute one
+component of the citywide land development regulations that includes the
+official zoning map, subdivision regulations, and adopted city building codes.
+(Ord. 304, 4-10-2012)
+9-1-2: PURPOSE:
+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
+predictability and assurance to those wishing to invest in the community.
+   (D)   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.
+   (F)   Establish fair, effective, and efficient development review and
+decision making processes and procedures that provide procedural due process
+for applicants and the general public. (Ord. 304, 4-10-2012)
+9-1-3: AUTHORITY:
+In Montana, statutory authority for cities and towns to enact and administer
+zoning codes is set forth in part 3 of chapter 2, title 76, Montana Code
+Annotated. All regulations, standards, and procedures prescribed herein are
+found to be consistent with the provisions of part 3. (Ord. 304, 4-10-2012)
+9-1-4: CONFLICTING AND PRIOR REGULATIONS REPEALED:
+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
+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
+2. In the case of a subdivision, having been issued a finding of sufficiency
+for a preliminary plat in compliance with the Montana subdivision and platting
+act and local subdivision regulations. Approval or conditional approval of a
+preliminary plat establishes a right to proceed with a final plat under state
+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
+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
+applicable,
+2. Having a valid zoning permit in full compliance with these regulations.
+Permits may expire pursuant to section
+9-2-6 of this title or be revoked pursuant to section
+9-2-7 of this title. Any vested rights to proceed with development expire, or
+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
+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
+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
+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)
+9-1-7: INTERPRETATION:
+All provisions of these regulations shall be interpreted as the minimum
+requirements necessary to protect the public health, safety, and general
+welfare, and to implement the Choteau growth policy. These regulations are
+designed to be consistent with the growth policy, and shall be liberally
+construed to achieve its purpose, intent, policies, and recommendations. Actual
+interpretation of these regulations is the responsibility of the administrator
+as set forth in section
+9-2-11 of this title. (Ord. 304, 4-10-2012)
+9-1-8: BURDEN OF PROOF:
+In all proceedings, hearings, and in all application and submittal materials,
+the burden of proof shall rest with the applicant or appellant, as applicable.
+(Ord. 304, 4-10-2012)
+9-1-9: SEVERABILITY:
+Should any provision of these regulations be held invalid by any court, the
+remaining provisions shall continue in full force and effect. (Ord. 304, 4-10-
+2012)
+9-1-10: LIABILITY:
+No individual, including members of the city council, board of adjustment,
+administrator, or any other city employee, who acts in good faith and without
+malice in the performance of duties assigned by these regulations, shall be
+held liable for errors or omissions in their administration. (Ord. 304, 4-10-
+2012)
+CHAPTER 2
+ADMINISTRATION AND ENFORCEMENT
+SECTION:
+9-2-1: Zoning Permit Required
+9-2-2: Zoning Permit Fee Required
+9-2-3: Application For Zoning Permit
+9-2-4: Site Inspections
+9-2-5: Limitations Of Zoning Permit
+9-2-6: Expiration Of Zoning Permits; Extension
+9-2-7: Revocation Of Zoning Permits
+9-2-8: Certificate Of Compliance Required
+9-2-9: Administrative Appeals
+9-2-10: Variances
+9-2-11: Administrator
+9-2-12: Board Of Adjustment
+9-2-13: Zoning Commission
+9-2-14: Amendments To The Zoning Code
+9-2-15: Amendments To The Official Zoning Map
+9-2-16: Amendments To The Growth Policy
+9-2-17: Administrator Responsible For Enforcement
+9-2-18: Enforcement Protocol To Be Established
+9-2-19: Application For Variance Stays All Abatement Proceedings
+9-2-20: Appeal Stays All Abatement Proceedings
+9-2-21: Imminent Threat To Life Or Property
+9-2-22: Penalties For Violation
+9-2-1: ZONING PERMIT REQUIRED:
+A zoning permit shall be required for any construction, reconstruction,
+addition, relocation of a structure, or change of land use, and for permanent
+signs of all kinds. Subdivisions are not subject to zoning permits, but shall
+be designed, reviewed, and approved pursuant to the Montana subdivision and
+platting act and local subdivision regulations in effect for the city of
+Choteau. Interior modifications of structures, and any other renovations that
+do not increase the floor area of a structure or cause expansion of the
+structure in any way, are not subject to zoning permits. Agricultural buildings
+associated with bona fide agricultural operations are not subject to zoning
+permits, but such structures must meet any applicable requirements of this
+title. Zoning permits shall be applied for on a form provided by the city of
+Choteau, and are reviewed according to procedures established by the city.
+(Ord. 304, 4-10-2012)
+9-2-2: ZONING PERMIT FEE REQUIRED:
+Each application for a zoning permit shall include the applicable fee. Fees are
+established by resolution of the Choteau city council. No application for a
+zoning permit is complete without the required fee. (Ord. 304, 4-10-2012)
+9-2-3: APPLICATION FOR ZONING PERMIT:
+The purpose of the zoning permit is to assure that all building construction
+and development activity complies with these regulations as well as regulations
+promulgated by other agencies as applicable. An application for a zoning permit
+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,
+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
+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)
+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:
+The filing of an application for a zoning permit constitutes consent of the
+property owner and applicant for authorized city personnel to conduct
+inspections of the subject property during the review process. Refusal of the
+owner or applicant to allow authorized personnel on site for necessary
+inspections may delay review of the permit application, and/or result in denial
+of the application. (Ord. 304, 4-10-2012)
+9-2-5: LIMITATIONS OF ZONING PERMIT:
+Zoning permits issued pursuant to this title are limited in their authorization
+to the work and/or development expressly described therein. Issuance of a
+zoning permit does not convey any broad powers or authority to the applicant
+beyond the purpose described in the zoning permit application and for which the
+permit was issued. Zoning permits shall run with the land, are site specific,
+and are not transferable to another property or site. (Ord. 304, 4-10-2012)
+9-2-6: EXPIRATION OF ZONING PERMITS; EXTENSION:
+If the work described in the zoning permit has not begun within one year from
+the date of issuance, the permit expires and is void. The administrator shall
+provide written notice to the permittee once a permit expires. Should the
+permittee request in writing an extension of the zoning permit, the
+administrator may grant such extension for not more than one year. Any such
+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
+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
+have:
+      1.   Conducted an inspection of the subject property.
+      2.   Thoroughly investigated any complaints.
+      3.   Contacted the permittee in writing notifying him/her of the nature
+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
+findings:
+      1.   That the initial application and/or representations made by the
+applicant in connection with the application were fraudulent or otherwise
+inaccurate or misleading to the extent that the decision to grant the zoning
+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
+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
+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
+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
+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
+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.
+      1.   The appellant shall file a written appeal on a form provided by the
+city of Choteau, and shall provide all relevant supporting information. A
+filing fee shall be paid by the appellant.
+      2.   Upon receipt of the appeal, the administrator shall publish a notice
+in the official city of Choteau newspaper at least ten (10) days prior to the
+next scheduled meeting of the board of adjustment, and shall place the appeal
+on the board's agenda for that meeting. The board must meet within twenty five
+(25) business days of an appeal filed with the administrator.
+      3.   The BOA shall conduct a hearing on the appeal following procedures
+set forth in the board's adopted rules of procedure. No appeal shall be heard
+if the appellant or a representative is not present. If the appeal involves an
+action taken or permit granted to a third party, such as a property owner or
+development, no hearing shall be conducted unless the third party is present.
+      4.   Based upon relevant findings and conclusions, the BOA may uphold,
+overturn, or modify the action or interpretation made by the administrator. The
+BOA shall take final action within twenty (20) business days of the initial
+opening of the public hearing.
+      5.   The administrator shall notify the appellant and other interested
+parties in writing of the BOA's decision within five (5) business days.
+      6.   Any decision of the BOA may be appealed to district court as
+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
+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
+via first class mail of his/her intent to render a decision or interpretation.
+The letter shall explain the pending decision and shall invite comment for a
+period of not less than fifteen (15) days following the date of the letter. At
+the end of this comment period, the administrator may officially render the
+decision or interpretation, and communicate it in writing to all parties
+involved. Once the decision or interpretation is finalized, the decision or
+interpretation may be appealed to the board of adjustment through the procedure
+set forth in subsection (A) of this section. (Ord. 304, 4-10-2012)
+9-2-10: VARIANCES:
+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
+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
+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
+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
+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
+Annotated, the BOA may only grant relief upon a finding that the following
+criteria are met in substance as they may apply to the application:
+      1.   The variance is necessitated due to exceptional and/or extraordinary
+circumstances or conditions that are unique to the subject property, and are
+not generally characteristic of similarly situated properties.
+      2.   Approval of the variance(s) will preserve a property right or use
+that is generally enjoyed by owners of similarly situated properties, and
+conversely, approval of a variance will not bestow a special privilege on the
+applicant that is not generally enjoyed by the owners of similarly situated
+properties.
+      3.   The alleged hardship has not been created by the applicant.
+      4.   Specific relief from the code shall be the minimum necessary.
+      5.   Adverse impacts associated with granting relief from the code are
+avoided or effectively mitigated.
+   (F)   Conditions may be imposed by the BOA that will cause the above
+criteria to be met.
+   (G)   Final action is required on a variance request within twenty (20)
+business days of the initial opening of the public hearing.
+   (H)   The administrator shall notify the applicant and interested parties of
+the BOA decision in writing within five (5) business days.
+   (I)   Decisions of the BOA may be appealed to district court as set forth in
+section 76-2-327, Montana Code Annotated.
+   (J)   Granting of a variance allows the applicant specific relief from the
+provisions of this code. Granting of a variance does not convey broad powers to
+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,
+interpretation, and enforcement of the zoning code.
+   (B)   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
+completeness.
+      4.   Update these regulations and the official zoning map as directed by
+the city council.
+      5.   Report to the planning board and city council any recommendations
+for amendments and improvements to these regulations and the procedures
+contained herein.
+      6.   Interpret these regulations as they apply to specific properties and
+developments, with the proviso that the administrator does not have the
+authority to alter these regulations as they may apply to a specific property
+or to grant relief from the provisions of these regulations.
+      7.   Determine the location of any zoning district boundary.
+      8.   Render lawful similar use rulings for uses not specifically listed
+in the use table for the applicable zoning district.
+      9.   Receive and investigate allegations of noncompliance or violation of
+these regulations, and take appropriate abatement action.
+      10.   Review and issue zoning permits.
+      11.   Make recommendations to the board of adjustment on variance
+applications.
+      12.   Make recommendations to the zoning commission and city council with
+regard to amendments to these regulations, the official zoning map, and to
+annexations. (Ord. 304, 4-10-2012)
+9-2-12: BOARD OF ADJUSTMENT:
+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
+the city council.
+   (B)   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
+authorized in the performance of their duties.
+   (D)   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.
+      2.   Hear and grant or deny any proper application for a variance to the
+terms, conditions, or standards of these regulations.
+   (E)   The board shall conduct hearings according to its own adopted rules of
+procedure. (Ord. 304, 4-10-2012)
+9-2-13: ZONING COMMISSION:
+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
+annexation, including the appropriate zoning district to which annexed property
+may be applied.
+   (B)   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/
+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
+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
+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
+provided, and the following criteria addressed to the extent they are
+applicable:
+      1.   How the proposed amendment implements the growth policy more
+effectively than existing language in the zoning code.
+      2.   How the proposed amendment will promote the public health, safety,
+and general welfare.
+      3.   How the proposed amendment facilitates the adequate provision of
+transportation, water, wastewater, schools, parks, and other public services.
+      4.   Impact of the proposed amendment on motorized and nonmotorized
+transportation systems.
+      5.   How the proposed amendment promotes compatible urban growth and
+enhances the character and qualities of Choteau.
+      6.   How the proposed amendment will contribute to conserving the 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 amendment.
+   (D)   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
+provide notice of the public hearing in a newspaper of general circulation at
+least fifteen (15) calendar days prior to the date of the hearing, and all
+other procedures set forth in section 76-2-303 Montana Code Annotated shall be
+followed.
+   (E)   The zoning commission shall forward its recommendation to the city
+council within seven (7) business days of the meeting at which the
+recommendation is adopted.
+   (F)   The city council shall take action on the proposed amendment and
+zoning commission recommendation within thirty (30) business days following the
+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
+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
+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
+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
+effectively than the existing zoning district(s).
+      2.   How the proposed amendment will promote the health, safety and
+general welfare.
+      3.   How the proposed amendment facilitates the adequate provision of
+transportation, water, wastewater, schools, parks, and other public services.
+      4.   Impact of the proposed amendment on motorized and nonmotorized
+transportation systems.
+      5.   How the proposed amendment promotes compatible urban growth and
+enhances the character and qualities of Choteau.
+      6.   How the proposed map amendment will contribute to conserving the
+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
+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
+provide notice of the public hearing in a newspaper of general circulation at
+least fifteen (15) calendar days prior to the date of the hearing, and all
+other procedures set forth in section 76-2-303, Montana Code Annotated shall be
+followed.
+   (E)   The zoning commission shall forward its recommendation to the city
+council within seven (7) business days of the meeting at which the
+recommendation is adopted.
+   (F)   The city council shall take action on the proposed amendment and
+zoning commission recommendation within thirty (30) business days following the
+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
+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
+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
+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
+direct a review or initiate an amendment to the growth policy. (Ord. 304, 4-10-
+2012)
+9-2-17: ADMINISTRATOR RESPONSIBLE FOR ENFORCEMENT:
+The zoning code administrator shall be responsible for the enforcement of all
+requirements and standards set forth in these regulations. (Ord. 304, 4-10-
+2012)
+9-2-18: ENFORCEMENT PROTOCOL TO BE ESTABLISHED:
+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
+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
+period of time as established in the protocol.
+   (C)   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
+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
+abated and shall give notice that if the violation is not abated in that time
+period, the matter will be turned over to the city attorney for prosecution
+without further notice. (Ord. 304, 4-10-2012)
+9-2-19: APPLICATION FOR VARIANCE STAYS ALL ABATEMENT PROCEEDINGS:
+If the violation is of such a nature that it can be negated through relief from
+the strict provisions of these regulations, a completed application for a
+variance, properly filed with the administrator, shall stay all abatement
+proceedings until the board of adjustment, following the procedures set forth
+in section
+9-2-10 of this chapter, renders a decision on the variance application. A
+subsequent appeal by any party to district court shall also stay abatement
+proceedings. (Ord. 304, 4-10-2012)
+9-2-20: APPEAL STAYS ALL ABATEMENT PROCEEDINGS:
+Should the responsible party choose to appeal any interpretation or
+determination by the administrator relative to an alleged violation, filing
+such an appeal with the administrator shall stay all abatement proceedings
+until the board of adjustment, following the procedures set forth in section
+9-2-9 of this chapter, renders a decision on the appeal. A subsequent appeal by
+any party to district court shall also stay abatement proceedings. (Ord. 304,
+4-10-2012)
+9-2-21: IMMINENT THREAT TO LIFE OR PROPERTY:
+The provisions of sections
+9-2-19 and
+9-2-20 of this chapter notwithstanding, if in the judgment of the administrator
+a violation of these regulations constitutes an imminent threat to life or
+property, or, could result in a hazard to public health, the administrator has
+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
+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
+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
+lawful action as is necessary to prevent or remedy any violation. (Ord. 304, 4-
+10-2012)
+CHAPTER 3
+ZONING DISTRICTS AND REGULATIONS
+SECTION:
+9-3-1: Districts Established
+9-3-2: Rules For Interpretation Of District Boundaries
+9-3-3: Permitted, Conditional, And Prohibited Uses
+9-3-4: A Residential District
+9-3-5: B Residential District
+9-3-6: BR Business/Residential District
+9-3-7: CB Central Business District
+9-3-8: HB Highway Business District
+9-3-9: GI General Industrial District
+9-3-10: Planned Unit Development (PUD) Option
+9-3-11: C/AU Casino/Adult Use Overlay
+9-3-12: P/SP Public/Semipublic District
+9-3-13: APD Airport Planned Development District
+9-3-1: DISTRICTS ESTABLISHED:
+The following zoning districts and overlay are hereby established and are
+applicable to lands within the city of Choteau as depicted on the official
+zoning map. For purposes of applying the zoning districts and interpreting
+their regulations according to the provisions of this title, these zoning
+districts have been formulated to implement the growth policy for the city of
+Choteau and to realize the general purposes of the zoning code set forth
+herein. The districts and overlay shall be named and designated as follows:
+ 
+District Name Map Designation
+A Residential                  A
+B Residential                  B
+BR Business/residential        BR
+CB Central business            CB
+HB Highway business            HB
+GI General industrial          GI
+Public/semipublic              P/SP
+Airport planned development    APD
+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
+alleys shall be construed to follow the centerlines of said features.
+   (B)   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
+limits shall be construed as following said city limits.
+   (D)   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
+said streams. In the event that the thread of a river, creek, or stream shifts,
+the boundary shall be construed as moving with the thread, except when the
+thread of the stream is also a property boundary. In such a situation, the
+zoning district boundary shall be determined by the administrator.
+   (F)   Boundaries indicated as parallel to or extensions of features listed
+in subsections (A) through (E) of this section are so construed. Distances not
+specifically indicated on the official zoning map, or on established boundaries
+such as lot lines, are to be determined by the administrator measuring the map
+according to its scale.
+   (G)   Where physical or cultural features existing on the ground are at
+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
+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
+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
+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,
+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
+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
+permitted as accessory uses in the A residential district, subject only to a
+zoning permit:
+Cottage industries subject to section
+9-4-4 of this title.
+Home occupations subject to section
+9-4-4 of this title.
+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
+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:
+      1.   Minimum lot size for an ARU shall be eight thousand (8,000) square
+feet.
+      2.   Maximum floor area for an ARU shall be six hundred (600) square
+feet.
+      3.   The ARU may be located in an accessory structure or within the
+principal residential structure. If the ARU is, or is within, an accessory
+structure, parking for the ARU shall be at the rear of the subject property.
+      4.   Only one ARU per subject property is allowed. The ARU cannot be
+rented unless the owner of the property resides in the principal residence.
+      5.   ARUs that meet the standards of this section shall not be subject to
+subdivision regulations unless the unit and/or the land on which it is situated
+is to be sold or otherwise transferred.
+Churches. Churches and other religious institutions subject to the following
+conditions:
+      1.   Off street parking shall be provided in accordance with section
+9-4-9 of this title.
+      2.   All dimensional standards of the A residential district shall be
+met.
+      3.   Landscaping shall be provided pursuant to section
+9-4-2 of this title.
+      4.   All parking shall be to the rear of the primary structure.
+      5.   No religious institution shall exceed two thousand (2,000) square
+feet gross floor area.
+Community residential facilities meeting the definition of section 76-2-411,
+Montana Code Annotated, subject to the following conditions:
+      1.   The facility must be licensed by the Montana department of public
+health and human services.
+      2.   Off street parking shall be provided to all staff assigned to the
+facility.
+      3.   The minimum lot area shall be ten thousand (10,000) square feet.
+   (E)   Prohibited Uses:
+Any and all commercial and industrial uses, except for home occupations and
+cottage industries as set forth in subsection (C) of this section.
+Class B and C manufactured homes. If a class B or C manufactured home is
+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
+(see section
+9-4-5, "Prevailing Front Setback Provision", of this title).
+         (b)   Sides: Six feet (6').
+         (c)   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
+new subdivisions (including newly annexed areas) is nine thousand (9,000)
+square feet.
+      4.   Minimum lot width: Fifty feet (50').
+      5.   Maximum floor area ratio (FAR): 0.40 (see FAR/LSR adjustment in
+subsection (F)8 of this section).
+      6.   Minimum landscape ratio (LSR): 0.50 (see FAR/LSR adjustment in
+subsection (F)8 of this section).
+      7.   Maximum lot coverage: Thirty eight percent (38%).
+      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
+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
+structures are permitted outright in the B residential district, subject only
+to a zoning permit:
+Class A manufactured homes.
+Class B manufactured homes, but only when replacing an existing class B or
+class C manufactured home. (Note: Class B and C manufactured homes are allowed
+through the PUD option, section
+9-3-10 of this chapter.)
+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
+permitted as accessory uses in the B residential district, subject only to a
+zoning permit:
+Cottage industries subject to section
+9-4-4 of this title.
+Home occupations subject to section
+9-4-4 of this title.
+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
+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:
+      1.   In the B residential district, an ARU is only allowed in conjunction
+with a single-family detached residence.
+      2.   Minimum lot size for an ARU shall be eight thousand (8,000) square
+feet.
+      3.   Maximum floor area for an ARU shall be six hundred (600) square
+feet.
+      4.   The ARU may be located in an accessory structure or within the
+principal residential structure. If the ARU is, or is within, an accessory
+structure, parking for the ARU shall be at the rear of the subject property.
+      5.   Only one ARU per subject property is allowed. The ARU cannot be
+rented unless the owner of the property resides in the principal residence.
+Churches. Churches and other religious institutions subject to the following
+conditions:
+      1.   Off street parking shall be provided in accordance with section
+9-4-9 of this title.
+      2.   All dimensional standards of the B residential district shall be
+met.
+      3.   Landscaping shall be provided pursuant to section
+9-4-2 of this title.
+      4.   All parking shall be to the rear of the primary structure.
+      5.   No religious institution shall exceed two thousand (2,000) square
+feet gross floor area.
+Community residential facilities meeting the definition of section 76-2-411,
+Montana Code Annotated, subject to the following conditions:
+      1.   The facility must be licensed by the Montana department of public
+health and human services.
+      2.   Off street parking shall be provided to all staff assigned to the
+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
+(see section
+9-4-5, "Prevailing Front Setback Provision", of this title).
+         (b)   Sides: Six feet (6').
+         (c)   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').
+      5.   Maximum floor area ratio (FAR): 0.50.
+      6.   Minimum landscape ratio (LSR): 0.40.
+      7.   Maximum lot coverage: Thirty eight percent (38%).
+   (F)   Off Street Parking:
+      1.   Off street parking for residential uses in the B residential zoning
+district must be provided in accordance with section
+9-4-9 of this title. For residential units with two (2) or more bedrooms, two
+(2) off street parking spaces per unit are required. For units with one
+bedroom, including "efficiency apartments", one parking space per unit is
+required. ARUs require one space per unit.
+      2.   For one- and two-family residential units only, off street parking
+may be provided in a driveway that may be located in the required front
+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
+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:
+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.
+Dining establishments such as coffee shops, ice cream, and cafes, not to exceed
+one thousand (1,000) square feet gross floor area.
+Family daycare homes and group daycare homes.
+Multi-family, single-family attached residential, and residential apartments
+and lofts above a nonresidential permitted use.
+Personal services including barber/beauty/style shops, tanning salons,
+tailoring, dry cleaning/laundry, and shoe/boot building and repair.
+Professional and agency offices including medical, dental, legal, real estate,
+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
+district:
+Adult bookstores and adult retail.
+Drive-through facilities for any use.
+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:
+Enclosed storage buildings provided they are located behind (nonstreet side) of
+principal building.
+On site signs (subject to separate sign permit).
+   (E)   Temporary Uses:
+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').
+      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.
+      5.   Minimum landscape ratio (LSR): 0.20.
+      6.   Maximum lot coverage: Sixty five percent (65%).
+   (G)   Off Street Parking And Loading: Lodging and residential uses must
+provide off street parking in accordance with section
+9-4-9 of this title. All other uses shall provide employee and customer parking
+to the rear of the principal structure. The number of spaces required shall be
+set by the administrator based upon the characteristics of the proposed use and
+the width of the subject property. No off street parking or loading facilities
+shall be located in front of the principal structure.
+   (H)   Signs: On site signage is allowed pursuant to section
+9-4-12 of this title.
+   (I)   Fencing: All fencing shall be constructed according to section
+9-4-11 of this title.
+   (J)   Conditional Uses:
+Churches. Churches and other religious institutions are allowed as conditional
+uses in the BR district subject to the following conditions:
+      1.   Off street parking shall be provided in accordance with section
+9-4-9 of this title.
+      2.   All dimensional standards of the BR district shall be met.
+      3.   Landscaping shall be required pursuant to section
+9-4-2 of this title.
+      4.   All parking shall be to the rear of the primary structure.
+      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
+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:
+Dining and drinking establishments including restaurants, bars, and taverns,
+including fraternal clubs and lodges, but not including drive-through
+facilities.
+Financial institutions and offices of all kinds, not including drive-up
+facilities.
+Governmental buildings and services including administration, employment,
+utility, judicial, libraries, parks, and police and fire stations.
+Hotels and motels.
+Indoor entertainment such as theaters, museums, galleries, and game rooms.
+Personal services including beauty/barber/style shops, tanning salons,
+tailoring, dry cleaning/laundering, shoe/boot building and repair.
+Professional and agency offices including medical and dental, real estate,
+managerial, business, legal, and insurance.
+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
+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:
+Enclosed storage buildings provided they are located behind (nonstreet side) of
+principal building.
+On site signs (subject to separate sign permit).
+Outdoor/sidewalk dining (subject to separate use permit if conducted on public
+right of way).
+Smoke shacks, provided they are located to the rear or nonstreet side of the
+primary commercial structure.
+   (E)   Temporary Uses:
+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
+standards and guidelines.)
+         (b)   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
+feet (16').
+      2.   Maximum structural height: Thirty five feet (35').
+      3.   Minimum lot size: None.
+      4.   Maximum floor area ratio (FAR): 2.50.
+      5.   Minimum landscape ratio (LSR): None, although window plantings and
+street furniture are encouraged by subsection
+9-4-10(B) "CB Design Standards And Guidelines", of this title.
+      6.   Maximum lot coverage: Ninety five percent (95%).
+   (G)   Off Street Parking And Loading: Lodging, governmental facilities, and
+residential uses must provide off street parking in accordance with section
+9-4-9 of this title. All other uses in the CB district are exempt from off
+street parking requirements.
+   (H)   Signs: On site signage is allowed pursuant to section
+9-4-12 of this title.
+   (I)   Fencing: All fencing shall be constructed according to section
+9-4-11 of this title.
+   (J)   Conditional Uses:
+Casinos. Casinos are allowed in the CB district only as accessory and clearly
+incidental uses to dining and drinking establishments and to hotels and motels,
+and are subject to the following conditions:
+      1.   Gaming machines and live gaming tables shall be confined to a
+separate room within the establishment and accessible only through the inside
+of the host establishment. No direct access to the gaming room from the outside
+is allowed.
+      2.   The gaming room shall not be larger than six hundred (600) square
+feet, and the number of machines and live gaming tables is limited only by the
+gaming license issued by the state of Montana.
+      3.   No additional signage is allowed because of a casino.
+Drive-through facilities. Drive-through facilities for restaurants, financial
+institutions, pharmacies, etc., are allowed as conditional uses in the CB
+district subject to the following conditions:
+      1.   The drive-through facility shall be positioned at the side or rear
+of the primary structure.
+      2.   Access to a drive-through facility shall be via an alley or side
+street, and access from Main St. shall not be permitted.
+Residential uses. Residential is allowed as a conditional use in the CB
+district subject to the following conditions:
+      1.   All residential units shall be located on upper floors above any
+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
+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
+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:
+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.
+Churches and other religious institutions.
+Dining and drinking establishments including restaurants (sit down and high
+turnover), bars, taverns, fraternal clubs and lodges, including drive-through
+facilities.
+Financial institutions of all kinds, including drive-up and remote facilities.
+Governmental buildings and services of all kinds except for water and
+wastewater plants and heavy equipment storage and maintenance.
+Indoor and outdoor entertainment such as theaters, bowling alleys, amusement
+parks, batting cages, museums, galleries, and game rooms without gambling.
+Personal services of all kinds, including beauty/barber/style shops, tanning
+salons, tailoring, dry cleaning/laundry, shoe/boot building and repair.
+Professional and agency offices, including medical and dental, real estate,
+managerial, business, legal, and insurance, including mixed office and retail.
+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
+district:
+Adult bookstores, adult entertainment, and adult retail except in the casino/
+adult use overlay.
+Heavy equipment sales and service.
+   (D)   Accessory Uses:
+Enclosed storage buildings provided they are located behind (nonstreet side) of
+principal building.
+On site signs (subject to separate sign permit).
+Smoke shacks, provided they are located to the rear or nonstreet side of the
+primary commercial structure.
+   (E)   Temporary Uses: The following temporary uses are allowed in the HB
+district. Such uses may be subject to additional permits or requirements of the
+city of Choteau:
+Fairs, carnivals, flea markets, swap meets, provided all activities take place
+on private property and off street parking is not reduced below minimum
+requirements.
+Sidewalk and parking lot sales and displays provided that all activity is
+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
+side lot lines where townhouse type platting is used to convey building
+footprints.
+         (c)   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.
+      4.   Maximum floor area ratio (FAR): 0.32. Where office uses comprise at
+least fifty percent (50%) of the total project gross floor area, maximum FAR is
+0.42.
+      5.   Minimum landscape ratio (LSR): 0.15.
+      6.   Maximum lot coverage: Fifty percent (50%).
+   (G)   Off Street Parking And Loading: Off street parking and loading
+facilities are required as set forth in section
+9-4-9 of this title.
+   (H)   Signs: On site signage is allowed pursuant to section
+9-4-12 of this title.
+   (I)   Fencing: All fencing shall be constructed according to section
+9-4-11 of this title.
+   (J)   Conditional Uses:
+Casinos. Casinos are allowed in the HB district only as accessory and clearly
+incidental uses to dining and drinking establishments and to hotels and motels,
+and are subject to the following conditions:
+      1.   Gaming machines and live gaming tables shall be confined to a
+separate room within the establishment and accessible only through the inside
+of the host establishment. No direct access to the gaming room from the outside
+is allowed.
+      2.   The gaming room shall not be larger than six hundred (600) square
+feet, and the number of machines and live gaming tables is limited only by the
+gaming license issued by the state of Montana.
+      3.   No additional signage is allowed because of a casino.
+Cell towers and other telecommunications facilities and apparatus are allowed
+as conditional uses subject to the following conditions:
+      1.   All telecommunications facilities shall observe the setbacks set
+forth in this section.
+      2.   Collocation is the preferred method of providing a usable cellular
+signal to potential telecommunications customers. If a new cell tower is
+proposed, the service provider shall demonstrate why collocation is not
+possible or practicable.
+      3.   No telecommunications facilities shall impede on site vehicular or
+pedestrian circulation or emergency access.
+      4.   The gross floor area of any telecommunications building shall count
+toward the maximum FAR allowed in the HB district.
+      5.   Maximum tower height shall not exceed fifty feet (50'). For each
+additional antennas (array) collocated on an existing tower, the tower height
+may be increased by ten feet (10') up to a maximum height of seventy feet
+(70').
+      6.   Towers shall be sited to minimize visual impacts from nearby
+residential areas.
+Residential uses. Residential is allowed as a conditional use in the HB
+district subject to the following conditions:
+      1.   All residential units shall be located on upper floors above any
+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
+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:
+Automobile dealerships, motor vehicle, boat, and RV sales, service, and repair
+of any kind, except salvage.
+Building supply/lumberyard.
+Concrete and asphalt batch plants and paving and general contractors.
+Distribution, warehousing, and wholesale.
+Farm and ranch service and sales, feed, tack, veterinary services and care.
+Freight terminals, including trucking and rail loading facilities, heavy
+equipment sales, service, and repair.
+Grain storage and handling.
+Manufacturing, assembly, milling, and fabrication of any kind.
+Ministorage, boat, vehicle, and RV storage.
+Outdoor entertainment and amusement including rodeo grounds, fairs, and
+carnivals.
+Public facilities and utilities, including police and fire stations, electrical
+substations, and telecommunications switching centers (central office).
+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:
+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:
+Seasonal sales of Christmas trees and agricultural products.
+Short term use of land or buildings for assembly, festivals, fairs, circus,
+community events, etc.
+Temporary buildings, including mobile homes, for storage and construction
+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
+side lot lines where townhouse type platting is used to convey building
+footprints.
+         (c)   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.
+      3.   Minimum lot size: Twenty thousand (20,000) square feet.
+      4.   Maximum floor area ratio (FAR): 0.40 for single-story; 0.50 for two
+(2) stories or more.
+      5.   Minimum landscape ratio (LSR): 0.05.
+   (F)   Off Street Parking And Loading: Parking and loading facilities are
+required in compliance with section
+9-4-9 of this title.
+   (G)   Signs: On site signage is allowed pursuant to the standards set forth
+in section
+9-4-12 of this title.
+   (H)   Fencing: All fencing shall be constructed according to the standards
+set forth in section
+9-4-11 of this title.
+   (I)   Performance Standards:
+      1.   Uses in the GI district shall not pose hazards of glare, fumes,
+dust, odor, explosion, or excessive noise.
+      2.   Open storage of materials or supplies must be effectively screened
+from view by a sight obscuring fence or landscaping.
+      3.   The first eight feet (8') of the front setback (from the front
+property line) must be landscaped in such a manner as to provide filtered view
+of the property from the street.
+   (J)   Conditional Uses:
+Bulk fuel storage and distribution. Bulk fuel facilities are permitted as
+conditional uses in the GI district subject to the following conditions:
+      1.   No storage and handling areas shall be located nearer than one
+hundred feet (100') from any property line.
+      2.   Subject property shall not lie adjacent to any park, school, public
+open space or to any residential zoning district.
+Cell towers and other telecommunications facilities and apparatus are allowed
+as conditional uses subject to the following conditions:
+      1.   All telecommunications facilities shall observe the setbacks set
+forth in this section.
+      2.   Collocation is the preferred method of providing a usable cellular
+signal to potential telecommunications customers. If a new cell tower is
+proposed, the service provider shall demonstrate why collocation is not
+possible or practicable.
+      3.   No telecommunications facilities shall impede on site vehicular or
+pedestrian circulation or emergency access.
+      4.   The gross floor area of any telecommunications building shall count
+toward the maximum FAR allowed in the GI district.
+      5.   Maximum tower height shall not exceed fifty feet (50'). For each
+additional antennas (array) collocated on an existing tower, the tower height
+may be increased by ten feet (10') up to a maximum height of seventy feet
+(70').
+      6.   Towers shall be sited to minimize visual impacts from nearby
+residential areas.
+      7.   Towers shall address and accommodate collocation to the extent
+possible.
+Salvage yard. Any auto salvage or metal scrap/recycling facility is allowed as
+a conditional use in the GI district subject to the following conditions:
+      1.   No open storage of salvage vehicles or salvage material shall be
+allowed forward of the main building on site, or, within the front setback as
+applicable.
+      2.   Open storage areas shall be screened from off site view by a sight
+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
+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.
+      2.   To minimize terrain disturbance in environmentally sensitive areas
+through clustering development in more buildable areas of a site.
+      3.   To provide affordable and marketable residential product types.
+      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
+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
+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
+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.
+   (E)   Minimum Project Size: The site area for a PUD development shall be as
+follows:
+      1.   A residential: Twelve thousand (12,000) square feet.
+      2.   B residential: Nine thousand (9,000) square feet.
+      3.   BR business/residential: Nine thousand (9,000) square feet.
+      4.   CB central business and HB highway business: One acre.
+   (F)   Deviations From Standards: The following standards of the applicable
+zoning district may be deviated from through the PUD:
+      1.   Setbacks.
+      2.   Minimum lot area.
+      3.   Minimum lot width.
+      4.   Maximum structural height.
+      5.   Density.
+      6.   Floor area ratio.
+      7.   Landscape ratio.
+      8.   Lot coverage.
+   (G)   Presubmittal Conference: All prospective PUD applicants are encouraged
+to request a presubmittal conference with the administrator. The purpose of the
+presubmittal conference is to review the proposed project conceptually,
+identify any issues associated with the prospective project (especially those
+issues which may need to be specifically addressed in the application),
+application requirements, review procedures, and decision making criteria. Upon
+request of the applicant, the administrator shall provide a written summary of
+the presubmittal conference. Any representations made by the administrator are
+not binding upon the city, and are intended solely to assist the applicant.
+   (H)   PUD Application Procedures: A PUD may be applied for on a form
+provided by the city of Choteau. In addition to the completed form, the
+following submittals are required:
+      1.   A project narrative of the proposed development program that
+includes product type(s), density, percent open space, purpose of open space,
+what benefits that the community will derive from the PUD (affordable housing,
+functional open space, more efficient use of infrastructure, protection of
+environmentally sensitive areas, protection/enhancement of water quality,
+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.
+         (e)   Developer's contact information.
+         (f)   Preparer's contact information.
+         (g)   Indication of existing and proposed structures.
+         (h)   Existing and proposed streets, access points, parking and drive
+areas, etc.
+         (i)   Setbacks.
+         (j)   Open space percentage and use.
+         (k)   Landscaping and/or screening.
+         (l)   Preliminary building elevations.
+         (m)   Conceptual drainage.
+         (n)   Phasing plan (if applicable).
+   (I)   Public Notice: Notice of a public hearing before the Choteau zoning
+commission must be published in a newspaper of general circulation at least ten
+(10) days in advance of the hearing. In addition, notice of the zoning
+commission hearing shall be sent via first class mail to all property owners
+within one hundred fifty feet (150') of the subject property (exclusive of
+rights of way). Mailed notices shall be sent at least fifteen (15) calendar
+days prior to the hearing date. All direct costs associated with this required
+public notice shall be borne by the applicant.
+   (J)   Community Benefit: When deviations from standards such as setbacks,
+height, minimum lot size, and LSR are allowed through the PUD, a substantial
+"community benefit" should result. This benefit should accrue to the
+surrounding neighborhood and/or the Choteau community at large, and may include
+such considerations as:
+      1.   Preservation and/or enhancement of neighborhood character and
+qualities.
+      2.   Provides substantial functional open space.
+      3.   Environmental benefits such as preserving wildlife habitat,
+preserving existing vegetation and tree cover, avoiding development of
+environmentally sensitive areas, and providing for streamside and/or wetlands
+buffers to enhance water quality.
+      4.   Guaranteed housing affordability.
+      5.   Providing community trails or pathways.
+      6.   Improving a streetscape and pedestrian circulation.
+   (K)   Hearing And Standard Of Decision: The zoning commission shall conduct
+a public hearing and consider testimony and other evidence, and review the
+particular facts and circumstances of the proposed PUD. In considering a PUD
+application, the commission may attach appropriate conditions to mitigate any
+adverse impacts identified, to ensure conformance with the growth policy, to
+ensure that the specific purposes of the PUD as set forth herein are achieved,
+and that a significant community benefit is derived from any deviations from
+standards. An application for a PUD may be approved as presented, conditionally
+approved, or denied by the zoning commission. Any action by the commission
+shall be based upon findings of fact that the following criteria are or are not
+substantially met:
+      1.   The proposed PUD is in conformance with the growth policy.
+      2.   The specific purposes of the PUD as set forth in subsection (A) of
+this section, as they may apply to the particular proposal, are substantially
+met.
+      3.   That any identified adverse impacts are effectively mitigated.
+      4.   That the proposed PUD will result in a tangible and significant
+community benefit(s).
+   (L)   Final Action: Final approval, conditional approval, or denial of a
+proposed PUD shall rest with the Choteau city council.
+   (M)   Implementation: An approved PUD shall run with the land and be
+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
+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
+zoning district, the following uses are permitted within the casino/adult use
+overlay:
+Adult bookstores.
+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
+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
+title. The addition of any gambling machines or devices or any increase in the
+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
+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
+architectural standards.
+   (E)   Nonprofit Entities: Any not for profit entity holding the proper state
+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
+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
+governmental functions and facilities, including, but not necessarily limited
+to, the following:
+Federal, state, and local government buildings and offices.
+Hospitals and publicly operated clinics.
+Public libraries and auditoriums.
+Public recreational facilities such as parks and golf courses.
+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
+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
+sites and facilities in a manner that respects Choteau's unique character,
+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
+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
+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
+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
+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
+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:
+9-4-1: Purpose
+9-4-2: Landscaping Standards
+9-4-3: Property Maintenance
+9-4-4: Home Based Businesses
+9-4-5: Prevailing Front Setback Provision
+9-4-6: Structural Height Measurement
+9-4-7: Setback Measurements And Allowable Encroachments
+9-4-8: Outdoor Lighting Standards
+9-4-9: Off Street Parking Standards
+9-4-10: Design Standards
+9-4-11: Fencing Standards
+9-4-12: Use Of Land
+9-4-13: Nonconforming Lots Of Record, Land Uses, And Structures
+9-4-14: Corner Visibility
+9-4-15: Major Recreational Equipment
+9-4-1: PURPOSE:
+The general purpose of this chapter is to set forth standards for property
+development, maintenance, and use that may, and usually do, apply to several
+districts. Standards for parking, landscaping, measurement of setbacks and
+height, and property maintenance not only will apply to almost every district
+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
+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
+environment of the City. Trees in particular are recognized for their
+importance in shading and cooling, noise and wind reduction, open space, visual
+relief, architectural enhancement, prevention of soil erosion, production of
+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
+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
+the parkway area of the street right-of-way that lies between the front
+property line and the curb, pavement, or attached sidewalk as applicable. One-
+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
+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
+development and redevelopment. Landscape plans shall be drawn to scale and
+shall include:
+      1.   Symbols for each type and species of plant proposed.
+      2.   Area in square feet of each part of the site to be landscaped.
+      3.   A legend specifying the number and installed size of each type of
+plant material.
+      4.   Planting details (depth, growth medium, staking, balled and burlap,
+etc. See example below).
+      5.   Irrigation plan.
+[https://export.amlegal.com/media/a7ce328e03c90fb96723594d121db42e148854c4/
+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
+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
+this title shall be required in the event of:
+      1.   The use of the property changing from one permitted use to another.
+      2.   The use of the property changing from a permitted use to a special
+use.
+      3.   An additional structure is constructed on the subject property.
+      4.   The existing floor area of all structures on the property is
+increased by twenty five percent (25%) or more.
+      5.   The parking area is paved and/or reconstructed.
+The amount and extent of additional landscaping required on nonconforming
+properties shall be to the extent practicable as determined by the
+administrator.
+   (E)   Selection Of Plant Materials: All plant materials should be selected
+for their hardiness and survivability in the Choteau area, which is in USDA
+zone 4. Specimen trees and ornamentals should be selected from the tree list
+provided in appendix A of the city's master forestry plan.
+   (F)   Minimum Installed Sizes: All landscape materials must meet at least
+the minimum installed sizes set forth below. Trees and plants recommended for
+USDA plant hardiness zone 3b are preferred.
+      1.   Coniferous specimen trees (Austrian pine, blue spruce, Douglas fir,
+etc.): Eight feet (8') as measured from ground surface.
+      2.   Deciduous specimen trees (red oak, quaking aspen, Patmore ash, green
+ash, maple, etc.): Two and one-half inch (21/2") caliper as measured one foot
+(1') above the ground surface.
+      3.   Ornamentals, multistem trees/shrubs (multistem aspen, amur maple,
+Russian olive, Walker weeping caragana, mountain ash, crabapple, etc.): Five
+feet (5') as measured from ground surface.
+      4.   Shrubs (potentilla, dwarf Arctic willow, snowberry, serviceberry,
+red twig dogwood, etc.): Five (5) gallon containers.
+      5.   Ground covers (kinnikinik, sweetfern, cliff green, Tammy juniper,
+etc.): Three (3) gallon containers. Rock, bark, and similar materials are
+suitable for planting beds, but not as a general ground cover.
+      6.   Turf; seeding or sodding of turf grass areas are both permitted;
+grasses should be drought tolerant such as buffalo grass, blue grama,
+wheatgrass, etc. Rock, bark, and similar materials may not be substituted for
+turf grass.
+   (G)   Planting Standards And Guidelines: This subsection contains standards
+and guidelines for the number and installed size of plant materials for each
+type of landscape area.
+      1.   General Guidelines: For each one thousand two hundred (1,200) square
+feet of landscaped area, the following plant materials should be provided.
+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
+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.   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.
+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.
+Ornamentals may also be grouped or clustered for a more natural look.
+         (c)   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
+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
+tree is required per island, and the use of conifers is highly discouraged. The
+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
+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
+required, installation must take place prior to occupancy (residential) or
+opening (nonresidential). Exceptions for landscape phasing and for building
+occupancy during seasons of the year not conducive to planting are set forth
+below:
+      1.   Should any project for which landscaping is required be completed
+and ready for occupancy between October 1 and April 15, landscape installation
+may be postponed until such time as weather and soil conditions allow for
+efficient installation and the best chance for survival of plant materials.
+Occupancy or opening of a project may be allowed by the city of Choteau upon
+the posting of a surety (bond or letter of credit) equal to one hundred ten
+percent (110%) of the estimated cost of the landscape installation.
+      2.   For development projects of two (2) acres or more, landscaping may
+be phased over two (2) planting seasons, provided that at least fifty percent
+(50%) of the required landscaping is installed during the first season prior to
+opening or occupancy as set forth in subsection (H)1 of this section. In that
+event, a surety shall be provided equal to one hundred ten percent (110%) of
+the estimated cost of the remaining landscaping.
+   (I)   Maintenance And Removal Of Dead And Diseased Plant Materials: All
+required landscaping is required to be maintained in a parklike condition as it
+was originally approved. All diseased or dead plant materials must be replaced
+during the current or next planting season as applicable. Substitute plant
+species (a different species than was shown on the original approved landscape
+plan) may be approved by the administrator upon request. Failure to maintain
+required landscaping is deemed a violation of this title. (Ord. 304, 4-10-2012)
+9-4-3: PROPERTY MAINTENANCE:
+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
+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
+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,
+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
+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
+obvious partially constructed state without continuous progress being made to
+complete the structure.
+   (E)   Building Construction: During construction, all building materials and
+construction waste must be contained on site. Outdoor burning of waste building
+materials is not permitted within the Choteau city limits. (Ord. 304, 4-10-
+2012)
+9-4-4: HOME BASED BUSINESSES:
+A home based business is a nonresidential accessory and incidental use of
+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
+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
+required parking spaces is maintained. Home occupations are not allowed to
+operate in a detached accessory structure of any kind. Home occupations may be
+operated from a single-family detached residence, duplex, townhome, or multi-
+family dwelling unit.
+      2.   No more than twenty five percent (25%) of the floor area of the
+primary dwelling may be used for the home occupation. (Note: Floor area of an
+attached garage may not be counted toward the allowable floor area for the home
+occupation.)
+      3.   There may be no outward appearance or visible evidence that a home
+occupation is being conducted on site, except for signage permitted by
+subsection (A)5 of this section.
+      4.   No outdoor storage is permitted with the exception of one boat,
+trailer, RV, ATV, etc., that is used in the operation of the home occupation.
+Such storage is not permitted in the front yard area of the primary residence,
+but may be located in a driveway provided all required off street parking
+spaces are maintained.
+      5.   One sign no greater than six (6) square feet is allowed. Said sign
+must be wall mounted to the primary structure and is subject to a sign permit.
+      6.   Home occupations are conducted solely by the resident or residents
+of the dwelling, including any ARUs. No one living off site may be employed on
+the premises.
+      7.   No traffic shall be generated by any home occupation greater than
+what would normally be expected in a residential neighborhood. Any delivery and
+supply vehicles shall be no larger than those that normally make deliveries to
+residential neighborhoods. Retail sales conducted on premises are expressly
+prohibited as a home occupation. Retail sales may take place via
+telecommunications with merchandise sent out by common carrier.
+      8.   No home occupation may impact adjacent residential properties with
+noise, smoke, glare, fumes, dust, or odors in excess of that which is typical
+of a dwelling unit.
+      9.   No home occupation shall cause visual or audible interference in any
+radio or television receivers off premises, or cause fluctuations in line
+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
+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
+two (2) persons who do not reside on the premises may be employed on premises
+in the cottage industry.
+      2.   One off street parking space for each employee not residing on
+premises must be provided. Said parking shall be in a driveway or to the side
+or rear of the primary residence.
+      3.   The minimum lot area for a cottage industry shall be ten thousand
+(10,000) square feet, and the associated residence must be a single-family
+detached dwelling unit.
+      4.   The maximum floor area devoted to the cottage industry shall not
+exceed fifty percent (50%) of the floor area of the primary residence on the
+subject property.
+      5.   The cottage industry may be conducted in the home, in an attached
+garage (provided that at least the minimum number of required parking spaces is
+maintained), or in an accessory structure that conforms to the standards of the
+applicable zoning district.
+      6.   No outdoor storage is permitted with the exception of two (2) boats,
+trailers, RVs, ATVs, etc., that are used in the operation of the cottage
+industry. Such storage is not permitted in the front yard area of the primary
+residence.
+      7.   Two (2) signs are permitted for a cottage industry. One sign may be
+mounted on a wooden post(s) in the front yard of the primary residence. This
+sign may be no more than four feet (4') in height and six (6) square feet per
+side in area. The second sign shall be mounted flat to the wall of the
+structure in which the cottage industry is conducted, and near the entryway.
+This sign shall not exceed two (2) square feet in area.
+      8.   No cottage industry may impact adjacent residential properties with
+noise, smoke, glare, fumes, dust, or odors in excess of that which is typical
+of a dwelling unit.
+      9.   No cottage industry shall cause visual or audible interference in
+any radio or television receivers off premises, or cause fluctuations in line
+voltage off premises.
+      10.   Other than employees as allowed in this subsection, no traffic
+shall be generated by any cottage industry greater than what would normally be
+expected in a residential neighborhood. Any delivery and supply vehicles shall
+be no larger than those that normally make deliveries to residential
+neighborhoods. Retail sales are expressly prohibited as a cottage industry.
+      11.   Cottage industries are subject to a home business permit issued by
+the Choteau city council. Anyone seeking to initiate a cottage industry shall
+submit an application on a form provided by the city, including an accurate
+site plan of the subject property drawn to a suitable scale (1 inch = 10 feet,
+1 inch = 20 feet, etc.). The application shall include the signatures of all
+adjacent property owners that they have been notified of the proposed cottage
+industry. An application fee shall be set by resolution of the city council.
+The council may act to approve, disapprove, or approve the application with
+conditions, at any regular meeting for which the agenda is published in the
+city's newspaper of record. A business license from the city may also be
+required. Any cottage industry that is initiated without a home business permit
+and/or a business license if so required, is deemed in violation of these
+regulations. (Ord. 304, 4-10-2012)
+9-4-5: PREVAILING FRONT SETBACK PROVISION:
+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
+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
+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
+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
+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
+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
+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
+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
+(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
+      2.   The facing edge of a porch or deck over sixteen (16) square feet in
+area extending from the front of the principal structure.
+The following encroachments into the front setback are allowed:
+Steps are allowed to encroach into the required front setback up to eight feet
+(8').
+Ramps to provide accessibility to disabled persons may encroach up to one
+hundred percent (100%), but may not encroach onto the public right of way
+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
+(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
+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').
+(Ord. 304, 4-10-2012)
+9-4-8: OUTDOOR LIGHTING STANDARDS:
+All outdoor lighting shall be downcast and shielded. No light trespass shall be
+allowed and no glare (direct sightline to an unshielded light source) shall be
+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
+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.
+The provisions of this section aim to protect the public health, safety, and
+general welfare by avoiding spillover parking into adjacent neighborhoods,
+lessening and/or mitigating traffic congestion, enhancing pedestrian safety,
+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
+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
+section apply whenever an existing building or use is enlarged or expanded to
+include additional dwelling units, floor area, seating capacity, employees or
+other units of measurement used for establishing off street parking
+requirements.
+      2.   In the case of enlargements, expansions, or land use changes that
+require additional parking, additional spaces are required only to serve the
+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
+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:
+      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
+results in a fraction of a space, any fraction (represented as a decimal) of
+less than 0.5 is rounded down to the nearest whole space. Any fraction of 0.5
+or greater is rounded up to the next whole space.
+      3.   Mixed Uses: If more than one type of land use occupies a single
+structure or parcel of land where shared parking and access have been provided
+for, the total requirement for off street parking shall be the sum of the
+requirements for all uses minus ten percent (10%) of the total. If the peak
+parking demands of the various mixed uses occur on different days or at
+different times of the day, the land owner or developer may, upon producing
+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
+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
+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
+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
+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
+surfaces are kept dust free.
+         (b)   Any parking or drive area that is accessed from an unpaved alley
+or street.
+         (c)   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
+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
+the parking area and walkways shall be provided to a 1.5 foot-candle level of
+illumination. Light sources shall be directed downward and shall be shielded to
+prevent spillover lighting onto adjacent properties.
+      4.   Curb Stops: Where a vehicle overhang is adjacent to a walkway,
+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
+temporary parking of licensed motor vehicles in operating condition.
+         (b)   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,
+storage of building materials, or storage of inoperable vehicles.
+         (d)   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.
+      6.   Snow Storage And Drainage Retention: The design of parking
+facilities with area for snow storage, drainage retention, or, both functions
+within the same area, is encouraged by the city of Choteau. Such areas may be
+provided within landscape areas and setbacks.
+      7.   Shared Parking And Shared Access: In any development where there are
+two (2) or more businesses both using the same parking area and common points
+of access, the property shall be encumbered by a "shared parking, shared
+access" easement. This easement may be placed on the face of the plat, or may
+be filed by separate instrument. The administrator may require proof of such an
+easement prior to, or as a condition of, a zoning permit.
+   (F)   Parking Requirements By Use: The numbers of spaces required in this
+section are minimums and shall be maintained by ownership, easement, or lease,
+for as long as the land use which is served by the parking exists.
+      1.   Maximum Number Of Spaces: Provision of more than one hundred twenty
+five percent (125%) of the minimum number of spaces required is not permitted.
+      2.   On Street Parking: No credit against the required off street parking
+shall be allowed for on street spaces.
+      3.   Uses Not Specifically Listed: For uses not listed in the space
+requirements set forth in this subsection, the administrator shall determine
+the appropriate requirement based upon any similar uses that are listed and/or
+upon research.
+      4.   Required Off Street Parking Spaces: The minimum number of parking
+spaces by land use is as follows:
+ 
+Residential:  
+  One- and two-family residential,
+ including townhomes, manufactured, and 2 spaces per unit
+  mobile units
+ 1 bedroom units, including "efficiency 1 space per unit
+  apartments"
+ All other multi-family units           1.5 spaces per unit
+ Multi-family elderly                   1 space per unit
+ Accessory residential unit (ARU)       1 space per unit
+Commercial:                               
+ Auto repair/quick lube                 1 space per service bay
+ Bed and breakfast                      2 spaces plus 1 space per rentable
+                                         room or suite
+                                         1 space for every 10 children
+ Childcare (commercial)                 permitted based on total gross floor
+                                         area and facilities; drop off area
+ Hotel/motel                            1 space per room or suite
+ Restaurants (high turnover)            1 space per 3 seats
+ Restaurants (sit down)                 1 space per 4 seats
+ Retail (general and specialty)         1 space per 250 gsf (gross square
+                                         feet)
+ Retail (home furnishings/home          1 space per 600 gsf
+  improvement)
+ Taverns                                1 space per 4 seats table space, 1
+                                         space per 2 bar seats
+ Theaters and other assembly            1 space per 4 seats
+ Veterinary clinic                      1 space per 400 gsf
+Office:                                   
+ General/agency/professional office     3 spaces per 1,000 gsf
+ Medical/dental                         1 space per 250 gsf
+Public/semipublic:                        
+ Churches                               1 space per 4 seats in main assembly
+                                         area
+ Government offices                     Determined by function
+ Recreation center/facility             Determined by function
+Industrial:                               
+ Manufacturing/assembly/                1 space per 800 gsf of active
+  fabrication                            production area
+ Warehousing/distribution               1 space per 2,000 gsf
+ 
+   (G)   Handicap Accessible Parking:
+      1.   Handicap Accessible Spaces Required: Handicap accessible off street
+parking shall be required according to the following schedule:
+ 
+Total Spaces Provided Handicap Accessible
+                      Spaces (Minimum)
+   5 to 20         1
+   21 to 40        2
+   41 to 65        3
+   66+             3% of total spaces required
+ 
+      2.   Van Accessible Spaces: One out of each eight (8) accessible spaces
+provided, but at least one space in each parking facility, shall be van
+accessible.
+      3.   Location: Accessible parking spaces shall be located so as to
+provide the shortest accessible route to a primary building entrance.
+      4.   Curb Ramps And Accessible Routes: Curb ramps and accessible routes
+shall be provided which allow unobstructed travel from an accessible parking
+space to an accessible entrance. Parked vehicle overhangs shall not reduce the
+clear width of an accessible route. Parking spaces and access aisles shall not
+exceed two percent (2%) grade in all directions.
+      5.   Signage: Each accessible space shall be identified by a sign showing
+a universal symbol of accessibility (wheelchair). Van accessible spaces shall
+have an additional sign ("Van Accessible") mounted below the accessibility
+symbol. Each sign shall be no smaller than one foot by one foot (1' x 1') and
+shall be located at the end of the space at a height between four feet (4') and
+seven feet (7'). The sign(s) may be either wall mounted or freestanding. In
+addition, a painted accessibility symbol shall be painted directly onto the
+parking lot surface within the accessible space(s).
+      6.   Dimensional Standards: All handicap accessible spaces shall be a
+minimum of twenty feet (20') in length. Where two (2) spaces share an
+accessible area, the minimum stall width shall be eight feet (8'), and the
+width of the common accessible area shall also be eight feet (8').
+   EXHIBIT 36-5
+   LAYOUT OF STANDARD AND VAN ACCESSIBLE PARKING SPACES
+[https://export.amlegal.com/media/a7ce328e03c90fb96723594d121db42e148854c4/
+IMAGES/0-0-0-1281.gif]
+This illustration shows 1 van accessible space and 1 car/truck space utilizing
+a common accessible area. The width of each space is 8 feet. At least 1 van
+accessible space is required in each parking facility.
+   (H)   Dimensional Standards: This subsection sets forth standards for the
+length and width of parking stalls and drive areas.
+      1.   Parallel Spaces: Parking spaces designed parallel to a curb or wall
+shall be at least ten feet (10') in width and 22.5 feet in length.
+      2.   Ninety Degree Spaces: All ninety degree (90°) parking spaces
+(perpendicular to the aisle) shall be at least ten feet (10') in width and
+twenty feet (20') in length. The two-way aisle shall be not less than twenty
+four feet (24') in width.
+      3.   Sixty And Forty Five Degree Spaces: All sixty (60) and forty five
+degree (45°) parking spaces (angle from the aisle) shall be at least ten feet
+(10') in width and twenty feet (20') in length. A one-way aisle shall be
+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.   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.
+      2.   Eaves: All residential structures with pitched roofs shall have
+eaves not less than twelve inches (12").
+      3.   Facade Materials: Residential structures shall not be sided with
+materials that are decidedly industrial in character. Materials such as
+uncoated metal, unpainted block masonry, split faced masonry, and synthetic
+stucco may be used for trim or architectural embellishment, but may not be used
+as primary facade materials. Wood, brick, or stone (including synthetic stone)
+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:
+      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
+character and qualities while stimulating and protecting investment, and
+allowing the architect or designer the latitude to develop a creative response
+to any design issue. Where standards use terms such as "must", "required", or
+"shall be", they are mandatory. Where terms such as "encouraged", "preferred",
+"may" or "optional" are used, the standard is considered a guideline and is
+voluntary. These standards and guidelines apply to the central business zoning
+district only.
+      2.   Front Setbacks And Exceptions: All primary structures are required
+to have a front setback from zero to five feet (5'). The administrator is
+empowered to grant an exception for a front setback of no more than fifteen
+feet (15') when the space between the principal structure and the front
+property line is designated on the zoning permit site plan as being used for
+outdoor dining, for public art, or for use as a plaza or other public gathering
+place. An increased front setback to allow parking in front of a structure is
+expressly prohibited.
+      3.   Exterior Building Materials: Acceptable exterior building materials
+for the fronts (street facing) of primary structures include wood and
+manufactured woodgrain hardboard, brick, split faced block, decorative (painted
+or coated) metal siding, and stone, including manufactured stone. Acceptable
+materials for the sides and rear of primary structures and for accessory
+structures include smooth painted concrete or cinder block, finished metal
+siding of all types, synthetic stucco, exterior insulated finish system, and
+vinyl exterior finishes of all types.
+      4.   Exterior Colors: A wide variety of colors are acceptable in the CB
+district, including muted colors with a pastel or earth tone hue and all
+finished natural wood colors. Fluorescent or Day-Glo colors of any shade are
+prohibited. Bright and heavily saturated primary colors are encouraged for trim
+and architectural embellishments only.
+      5.   Entryways: A building's primary door and entrance shall be located
+in the principal facade of the structure, and shall be oriented toward the
+street. The primary entrance must be readily apparent as a prominent
+architectural component. Entryways should be recessed from the front property
+line so that patrons have a queuing area out of the pedestrian flow. The
+recessed area must be at a minimum one and one-half (11/2) times the width of
+the door to avoid a corridor like effect. Doors shall permit clear two-way
+visibility, and wood and glass are preferable materials.
+      6.   Windows: Street level windows are required of all structures,
+including the sides of structures occupying corner lots. Windows shall begin at
+least three feet (3') above the sidewalk and may extend vertically to the top
+of the first level. Street level windows shall be designed to engage the
+pedestrian and invite visual inspection of the interior of the establishment as
+well as to view displays of merchandise. Stenciled signage or other signage
+types that allow visual penetration through the lettering is encouraged.
+Reflective glazing is expressly prohibited. Windows may be recessed to allow
+patrons to view displays out of the pedestrian flow. Bay windows may not extend
+into the right of way (sidewalk area). Unframed windows are not permitted
+unless set into a brick or stone like facade.
+      7.   Modulation: Segments of plain or uniformly treated storefronts that
+are out of context with adjacent or nearby buildings are prohibited. Such
+treatments may be avoided or mitigated through modulation. In architectural
+terms, modulation is a technique for visually dividing the facade so that it
+takes on the appearance of distinctly different structures or portions of
+structures. This architectural technique is used to add visual interest to long
+storefronts or to other structures that occupy a significant segment of a
+downtown block. Visual interest can also be achieved through repeating
+architectural features such as windows and the elements that frame them, and
+through recesses, offsets, and other variations in plane sufficient to add
+shadow lines or depth to the facade.
+      8.   Lighting: Outside lighting should be minimal, and downtown
+businesses are encouraged to rely on ambient lighting provided by streetlights
+for the safe illumination of the sidewalk area. Low wattage lighting may be
+used to highlight an entryway provided no glare is cast out onto the sidewalk.
+Merchants are also encouraged to illuminate window displays and interior spaces
+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:
+      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
+neighborhoods. Like the CB standards, these standards are intended to protect
+the character and qualities of the transition area and stimulate investment
+while allowing the architect or designer the latitude to develop a creative
+response to any design issue. Where standards use terms such as "must",
+"required", or "shall be", they are mandatory. Where terms such as
+"encouraged", "preferred", "may" or "optional" are used, the standard is
+considered a guideline and is voluntary. These standards and guidelines apply
+to the business residential zoning district only.
+      2.   Exterior Building Materials: The BR transition area is more
+residential in character than the CB, and this should be reflected in the
+choice of exterior materials. Acceptable building materials for the fronts
+(street facing) and sides of buildings include wood and manufactured woodgrain
+hardboard, brick, painted or coated metal siding, and stone, including
+manufactured stone. Acceptable materials for the rear of primary structures and
+for accessory structures include smooth painted concrete (prestress or block),
+finished metal siding of all types, synthetic stucco, exterior insulated finish
+system, and vinyl exterior finishes of all types.
+      3.   Exterior Colors: A wide variety of colors are acceptable in the BR
+transition area, including muted colors with a pastel or earth tone hue and all
+finished natural wood colors. Fluorescent or Day-Glo colors of any shade are
+prohibited. Bright and heavily saturated primary colors are encouraged for trim
+and architectural embellishments only.
+      4.   Entryways: A building's primary door and entrance shall be located
+in the principal facade of the structure, and shall be oriented toward the
+street. The primary entrance must be readily apparent as a prominent
+architectural component, and may include a porch, deck, or other outdoor living
+space, and merchandise may be displayed in this area. Secondary entries and
+exits may be provided at the sides and rear of buildings.
+      5.   Windows: Lower level windows are required in all primary buildings,
+and shall be viewable by pedestrians on the public way in front of the
+property. Lower level windows shall be designed to engage the pedestrian and
+invite visual inspection of the interior of the establishment as well as to
+view displays of merchandise. Stenciled signage or other signage types that
+allow visual penetration through the lettering is encouraged. Reflective
+glazing is prohibited, but awnings and window coverings to shade the morning or
+afternoon sun are allowed. Unframed windows are not permitted unless set into a
+brick or stone like facade.
+      6.   Lighting: Outside lighting should be residential like in intensity
+and direction, and should be used primarily to highlight entryways and outdoor
+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:
+      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
+"gateway" areas of the community. These gateway areas most often establish a
+first and lasting impression of the community. Therefore, a uniformly high
+standard of planning and design for the built environment of these areas
+benefits the entire community. Like other standards in this chapter, these
+standards are intended to set planning and design benchmarks and to stimulate
+and protect private investment, while allowing the architect or designer the
+latitude to develop a creative response to any design issue. Where standards
+use terms such as "must", "required", or "shall be", they are mandatory. Where
+terms such as "encouraged", "preferred", "may" or "optional" are used, the
+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.
+         (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
+acceptable in HB.
+      3.   Exterior Colors: A wide variety of colors are acceptable in the HB
+district, including muted colors with a pastel or earth tone hue and all
+finished natural wood colors. Fluorescent or Day-Glo colors of any shade are
+prohibited. Bright and heavily saturated primary colors are encouraged for trim
+and architectural embellishments only.
+      4.   Entryways: A building's primary door and entrance shall be located
+in the principal facade of the structure, and shall be oriented toward the
+street. The primary entrance must be readily apparent as a prominent
+architectural component, and may include a porch, deck, or other outdoor living
+space, and merchandise may be displayed in this area. Secondary entries and
+exits may be provided at the sides and rear of buildings.
+      5.   Windows: Lower level windows are encouraged, but not required, in
+all primary buildings. Lower level windows should be designed to engage the
+pedestrian and invite visual inspection of the interior of the establishment as
+well as to view displays of merchandise. Stenciled signage or other signage
+types that allow visual penetration through the lettering is encouraged.
+Reflective glazing is prohibited, but awnings and window coverings to shade the
+morning or afternoon sun are allowed. Unframed windows are not permitted unless
+set into a brick or stone like facade.
+      6.   Lighting: Outside lighting should be of sufficient intensity and
+suitable for an environment in which both vehicles and pedestrians will be
+present. Parking lot lighting is encouraged, but industrial and highway type
+fixtures are not permitted. Maximum height of light standards should be no more
+than twenty feet (20'), and cutoff luminaires are required. Lighting elsewhere
+should be used primarily to highlight entryways and outdoor 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 shall not be
+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.   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
+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
+opposite sides of stringers do not overlap.
+         (d)   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
+(6') in height may be allowed by the administrator for schools, correctional
+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
+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
+as arches or arbors, shall not exceed ten feet (10') in height.
+      5.   Vehicular Entries: Vehicular entries for subdivisions, parks, and
+development projects shall not exceed twenty feet (20') in height and thirty
+six feet (36') in width.
+      6.   Wire Products: In all residential districts, residential PUDs, and
+in the BR and CB districts, barbed wire, razor wire, concertina wire, and
+similar wire products are not allowable fencing materials.
+      7.   Open Security Fencing: In the CB, HB and GI districts, for
+commercial and industrial storage areas located in side or rear yards, open
+security fencing may be constructed up to eight feet (8') in height and may be
+topped with barbed wire. The barbed wire course is calculated as part of the
+allowable fence height.
+      8.   Wildlife Exclusion Fencing: Wildlife exclusion fencing up to eight
+feet (8') in height is allowed for gardens, haystack yards, and similar areas,
+provided that the guidelines set forth in "A Landowners Guide To Wildlife
+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
+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
+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
+nonconforming lots, uses, and structures may be continued and even transferred.
+It is the City of Choteau's intent that the adoption of these regulations will
+render no legal lot of record "unbuildable", and that any use which was legal
+and proper under prior regulations will continue to be legal and proper under
+these regulations.
+      1.   Lots, uses, and structures that were legally nonconforming under
+prior regulations, and which do not conform to these regulations, remain
+legally nonconforming.
+      2.   Lots, uses, and structures that were legal and conformed to prior
+regulations, but do not conform to these regulations, become legally
+nonconforming under these regulations.
+      3.   Lots, uses, and structures which were not legal under prior
+regulations, and do not conform to these regulations, remain illegal under
+these regulations.
+      4.   Legally nonconforming lots and/or nonconforming lots with
+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:
+      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
+nonconforming lots under these regulations.
+      2.   Nonconforming lots may be developed for any of the principal
+permitted, accessory, and conditional uses allowed by the applicable zoning
+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:
+      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.
+      2.   No such nonconforming use shall be enlarged nor extended to occupy a
+greater area of land or structure than was occupied on the effective date of
+these regulations.
+      3.   No such nonconforming use shall be moved in whole or in part to any
+portion of the lot or parcel other than that occupied on the effective date of
+these regulations.
+      4.   If any such nonconforming use is discontinued for any reason for a
+period of one year (calendar date to calendar date), or three (3) years in the
+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:
+      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
+ratio, or other such standards, may continue to exist as a legally
+nonconforming structure under these regulations.
+      2.   No such nonconforming structure may be enlarged, expanded, or
+altered in a way that increases its nonconformity, but may be altered to
+decrease its nonconformity.
+      3.   Should such nonconforming structure be moved for any reason and for
+any distance, it shall thereafter conform to these regulations.
+      4.   Should any nonconforming structure or nonconforming portion of a
+structure be destroyed by any means to an extent greater than fifty percent
+(50%) of its floor area, it shall not be reconstructed except in conformity
+with these regulations.
+      5.   Nothing in these regulations shall be deemed to prevent the
+strengthening or restoring to a safe condition of any structure or portion of a
+structure declared to be unsafe by an official charged with protecting the
+public safety, upon order of such official.
+   (E)   Nonconforming Manufactured Homes:
+      1.   Consistent with section
+9-3-4 of this title, legally existing Class B and Class C manufactured homes in
+the A Residential Zoning District may only be replaced by a Class A
+manufactured home or a site built dwelling unit. In addition to this
+requirement, all Class B and C manufactured homes in the A Residential Zoning
+District are subject to applicable provisions from subsections (C) and (D) of
+this section.
+      2.   Consistent with section
+9-3-5 of this title, legally existing Class B and Class C manufactured homes in
+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
+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,
+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
+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
+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
+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
+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:
+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
+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
+"designed for".
+   (D)   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
+of these regulations and any definition provided in this chapter, the text
+shall take precedent.
+   (G)   Should any question of definition arise for a term not listed in this
+chapter or not defined elsewhere in these regulations, the administrator may at
+his/her discretion, research the term and provide a definition for general use
+in administering and interpreting these regulations. (Ord. 304, 4-10-2012)
+9-5-2: DEFINITIONS OF TERMS AND WORDS:
+The following definitions of terms and words are to be used in the
+administration, interpretation, and enforcement of this title:
+ACCESS: The legal means of approach to provide vehicular and/or pedestrian
+physical entrance to a property.
+ACCESS, SHARED: The joint and cooperative use of an access point and/or
+facility (such as a driveway) by two (2) or more entities.
+ACCESSORY: Customarily associated with and incidental and subordinate to.
+ACCESSORY BUILDING: A building that is detached from the principal building on
+the same lot, and is customarily incidental and subordinate to the principal
+building and/or use of the property. Examples of accessory buildings include
+detached garages, storage/tool sheds, and material, supply, and merchandise
+storage structures on commercial and industrial property. Includes the term
+"accessory structure".
+ACCESSORY RESIDENTIAL UNIT (ARU): An independent and separate dwelling unit
+that is subordinate to a primary residential use of a property. Includes the
+terms "accessory apartment", "garage apartment", "granny flat", and "mother-in-
+law apartment".
+ACCESSORY USE: A use of land or of a building or portion thereof that is
+customarily incidental and subordinate in area, extent, or purpose to the
+principal use, and is located on the same lot as the principal use.
+ADULT BOOKSTORE: An establishment having all or a portion of its display area,
+stock in trade, or floor area used for the sale or rental of books, magazines,
+publications, tapes, films, video disks, or other media that is distinguished
+or characterized by an emphasis on sexually oriented and/or sexually explicit
+material, describing, relating to, or depicting sexual activities.
+ADULT ENTERTAINMENT: An establishment, either with or without a liquor license,
+offering sexually oriented live entertainment which may include, but is not
+necessarily limited to, entertainers, male or female, performing disrobed,
+partially disrobed, or in the act of disrobing, and/or touching patrons in a
+sexually explicit or sexually suggestive manner.
+ADULT RETAIL ESTABLISHMENT: A business that offers films, books, manuals, toys,
+likenesses, marital aids, and other items of a sexually explicit nature for
+sale to the general public.
+AGRICULTURE: The use of land for farming, dairying, grazing, the growing of
+crops, or the raising and/or breeding of animals for meat and fiber. This
+definition does not include feed lots or slaughtering and/or packing
+facilities.
+AUTO SALVAGE YARD: Any space, either inside or outside of a building, greater
+than two hundred (200) square feet in area, used for the storage, dismantling,
+disassembling, or salvaging wrecked or otherwise immobilized motor vehicles,
+including snowmobiles, motorcycles, trailers, and ATVs.
+BED AND BREAKFAST ESTABLISHMENT: A private owner or manager occupied residence
+that rents rooms therein by the night or week to transient guests for
+compensation, and in which breakfast is provided only to room guests, the cost
+of which is included in the price of room. Terms of occupancy in a bed and
+breakfast shall be not more than thirty (30) consecutive days. For purposes of
+these regulations, no bed and breakfast establishment shall have more than six
+(6) rooms available for rent, and all rooms shall be contained within the
+principal structure on the lot.
+BUILDING: Any structure having a roof supported by columns or walls and
+intended for the shelter, housing, or enclosure of any individual, group of
+individuals, animal, process, equipment, goods, or material of any kind.
+BUILDING HEIGHT: See definition of Height, Structural.
+BUILDING PERMIT: For purposes of these regulations, a "building permit" is a
+permit issued by the city of Choteau and/or the Montana department of labor and
+industries verifying that the project described in said permit meets all
+standards and requirements of the applicable international codes. Includes the
+terms "electrical permit", "plumbing permit", and "mechanical permit".
+CASINO: An establishment or any portion of an establishment that offers live
+and/or machine gambling to patrons. Includes the term "gambling enterprise" as
+defined in section 23-5-112(15), Montana Code Annotated.
+CHARACTER: Special physical features, characteristics, or scale of a structure
+or area that set it apart from its surroundings and contribute to its interest
+and/or individuality.
+CHILD: A person under thirteen (13) years of age or a person with special
+needs, as defined by the department, who is under eighteen (18) years of age or
+is eighteen (18) years of age and a full time student expected to complete an
+educational program by nineteen (19) years of age 1 .
+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
+disabled persons that does not provide skilled or intermediate nursing care;
+   (B)   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
+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
+   (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
+provided that the conditions specified in the district regulations for the use
+are met. A use of land or structures is not a conditional use and cannot be
+permitted as a conditional use unless the use is specifically listed in the
+applicable zoning district.
+COTTAGE INDUSTRY: For purposes of these regulations, a cottage industry is a
+category of home based business. (See section
+9-4-4 of this title.)
+CREDIT UNION: See definition of Financial Institution.
+DAYCARE: Care for children provided by an adult, other than a parent of the
+children or other person living with the children as a parent, on a regular or
+irregular basis, as applicable, for daily periods of less than twenty four (24)
+hours, whether that care is for daytime or nighttime hours. Also includes the
+term "childcare" 2 .
+DAYCARE CENTER: An out of home place in which daycare is provided to thirteen
+(13) or more children on a regular or irregular basis 3 .
+DAYCARE HOME: A home based childcare facility licensed by the state of Montana
+department of health and human services and providing daycare for not more than
+twelve (12) children. This term includes "family daycare home" and "group
+daycare home" as defined in section 52-2-703, Montana Code Annotated.
+DINING AND DRINKING ESTABLISHMENT: Includes any type of restaurant, cafe, or
+coffee shop where patrons are served prepared food and/or beverages (including
+alcoholic beverages), for consumption on premises, for compensation. This term
+also includes the terms "bar", "tavern", "pub", "public house", "brew pub", and
+"roadhouse", and also includes "carry out" and "delivery" services for off
+premises consumption of prepared foods. This term does not include "casinos".
+DRIVE-THROUGH FACILITIES: Site facilities and/or features that by design
+provide access to the site for customers to order, shop, make purchases, and/or
+generally conduct business while remaining in their motor vehicles. Includes
+the terms "drive-up facilities" and "drive-in facilities".
+DWELLING UNIT: One or more rooms, designed, occupied, or intended for occupancy
+as separate living quarters, with cooking, sleeping, and sanitary facilities
+provided within the unit for the exclusive use of a single family maintaining a
+household.
+DWELLING UNIT, MULTI-FAMILY: A dwelling unit within a structure situated on a
+single lot and designed for and containing three (3) or more separate dwelling
+units. This definition is inclusive of the terms "apartment", "multi-family
+housing unit", and "townhome unit" when the townhome structure contains three
+(3) or more separate units.
+DWELLING UNIT, SINGLE-FAMILY DETACHED: A structure designed and intended for
+residential use, that contains one dwelling unit, and is not attached or
+physically connected to any other dwelling by any means (except for an ARU
+which may be allowed by this title), and is surrounded by open space or yards.
+DWELLING UNIT, TWO-FAMILY: A dwelling unit within a structure situated on a
+single lot and designed for and containing two (2) separate and distinct
+dwelling units. This term includes the terms "duplex unit", "twin home unit",
+and "townhome unit" when the townhome structure contains two (2) dwelling
+units.
+EXTRACTIVE INDUSTRIES: The business of removing minerals and other material
+from the ground; includes quarrying, the removal of sand, soil, stone, gravel,
+or clay, and all mining operations.
+FAMILY: An individual, or two (2) or more persons related by blood, marriage,
+or adoption, or, five (5) or fewer individuals who need not be so related,
+living together as a single housekeeping unit.
+FINANCIAL INSTITUTION: An establishment duly licensed by the state and/or
+federal government to provide banking, saving, brokerage, safe deposit, and
+other types and combinations of consumer financial services. Does not include
+offices whose sole function is brokerage and/or financial planning services.
+FLOOR AREA RATIO (FAR): Gross floor area divided by gross lot area.
+GRADE: Slope of the land, whether natural or manmade. Also, the percentage or
+ratio of rise or descent of a sloping surface. (Example: The grade of a street,
+or grade of a site or lot.) Grade is measured as vertical rise (or descent)
+divided by a given horizontal distance. (Example: A lot on which the elevation
+rises 10 feet from front to rear, and is 100 feet in depth, has a grade [or
+slope] of 10 percent; also expressed as a ratio of 1:10.)
+GRADE, FINISHED: The final elevation of the average ground level adjoining a
+structure at all exterior walls after development. Also refers to the state of
+the land after grading and/or filling is complete.
+GRADE, NATURAL: The elevation and/or slope of the land in its natural state,
+prior to any excavation, filling, or construction.
+GRADING: Any stripping, cutting, filling, or stockpiling of earth or land in
+order to alter natural or preexisting grades for any reason, including
+development. Vegetation removal without any alteration of the terrain is not
+considered grading for purposes of these regulations.
+GROCERY STORE: Permanent business establishment selling prepared or unprepared
+and packaged food items and miscellaneous household items at retail. Term
+includes "food co-op", but does not include temporary uses such as farm stands,
+produce stands, or mobile food vendors.
+GROSS FLOOR AREA: The total floor area of a structure, including all hallways,
+stairs, restrooms, storage, lobbies, and other common areas. In residential
+situations, gross floor area does not include basements that are totally below
+ground level and that do not have egress windows.
+GROUND COVER: Grasses and other low growing plants, intended primarily to
+stabilize the soil. Also, grass or low growing plants as part of a landscape
+treatment.
+HEIGHT, STRUCTURAL: The mean linear distance from the ground level on finished
+grade at the midpoint and immediately adjacent to each of the walls of a
+structure to the highest point of the structure, not including antennas,
+chimneys, steeples, or rooftop mechanical devices. (See section
+9-4-6 of this title.)
+HOME BASED BUSINESS: A business conducted from a residence, and conducted
+primarily by the inhabitants thereof. (See section
+9-4-4 of this title.)
+HOME OCCUPATION: For purposes of these regulations, a category of home
+business. (See section
+9-4-4 of this title.)
+HOMELESS SHELTER: A facility providing temporary housing to indigent, needy, or
+homeless persons.
+HOSPICE: A facility for the care of terminally ill persons.
+HOTEL: A facility offering transient lodging accommodations to the general
+public, and which may include additional facilities and services such as
+restaurants, meeting rooms, entertainment, personal services, and fitness/
+recreational facilities. Includes the term "motel", but does not include the
+terms "bed and breakfast" or "tourist home".
+JUNK: Any scrap, waste, reclaimable material, or debris, including vehicle
+parts, whether or not stored, for sale, or in the process of being dismantled,
+destroyed, processed, salvaged, stored, baled, disposed of, or for other use or
+disposition.
+JUNK VEHICLE: An inoperable motor vehicle, or component parts thereof, meeting
+the definition set forth in section 75-10-501, Montana Code Annotated.
+KENNEL, BOARDING: An establishment in which dogs or other domesticated animals
+are housed, groomed, boarded, or trained, all for a fee for service.
+KENNEL, BREEDING: The keeping, breeding, raising, showing, or training of four
+(4) or more dogs over the age of six (6) months, either for the personal
+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.
+   (E)   Proposed decorative features (if applicable).
+   (F)   Grading plan (if applicable).
+   (G)   Buffers and screening devices.
+LANDSCAPE RATIO (LSR): The amount of landscaped area measured in square feet
+divided by the gross lot area.
+LANDSCAPING: For purposes of these regulations, trees, shrubs, grasses and
+other ground covers, and other materials such as rock, wood chips, decorative
+features (birdbaths, sculpture, etc.), patterned walks, fountains, pools, and
+similar naturalistic features for the primary purpose of highlighting,
+complementing, or enhancing a structure(s) or any other development on a site
+or lot.
+LAWFUL SIMILAR USE: A use that is not necessarily in the list of permitted or
+conditional uses for a particular zoning district, but which in the judgment of
+the administrator, has similar characteristics, traffic generation, intensity
+of use, and neighborhood and community impacts as uses that are so listed. (See
+section
+9-2-11 of this title.)
+LODGING USE: The provision of temporary living quarters, with or without meals,
+for transient guests for a fee, and for a period of less than thirty (30) days.
+LOT: A unit of land described by letter or number in a legally recorded
+subdivision. Also includes a parcel of land described by metes and bounds, the
+description of which has been so recorded and appears on its deed. Term
+includes "lot of record".
+LOT COVERAGE: The amount of space on a lot or parcel taken up by principal and
+accessory structures; usually expressed as a percentage of the gross lot area.
+LOT, DOUBLE FRONTAGE: A lot that fronts on one street with its side lot line
+lying adjacent to an intersecting street; a corner lot.
+LOT, FLAG: A lot that is positioned, usually because of topography, behind
+other lots and connected to a street via a long narrow portion of the lot often
+called a "flag stem".
+LOT FRONTAGE: The area of a lot adjacent to the street right of way from which
+it gains access. Also refers to a measurement of the width of the lot at the
+street right of way.
+LOT LINE, FRONT: The boundary segment of a lot that lies adjacent to the street
+from which the lot gains access and/or is addressed.
+LOT LINE, REAR: The boundary segment of a lot that lies most opposite the front
+lot line.
+LOT LINE, SIDE: Any boundary segment or segments connecting the front and rear
+lot lines.
+LOT, THROUGH: A lot which fronts on one street and runs through to a parallel
+street in the rear.
+LUMINAIRE, CUTOFF: A complete lighting unit consisting of a light source,
+housing, and all necessary electrical, mechanical, and decorative parts, and
+which by design, limits the illumination to a specific area and does not allow
+glare to be encountered beyond the illuminated area.
+MAJOR RECREATIONAL EQUIPMENT: This term includes, but is not necessarily
+limited to, snowmobiles and snowmobile trailers, livestock trailers, boats and
+boat trailers, travel trailers (including pop ups), pickup camper tops when not
+mounted on a vehicle, motor homes, tent trailers, as well as the cases, boxes,
+or containers used for transporting or shipping recreational equipment, whether
+or not occupied by such equipment.
+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
+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
+less than twelve inches (12"), not counting any gutter.
+   (D)   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
+nonreflective metal siding.
+   (F)   Is placed on a permanent foundation for which a building permit has
+been issued, or has perimeter skirting that resembles a conventional foundation
+of a site built home, and is constructed of brick, concrete, concrete block, or
+treated lumber.
+   (G)   The hitch or tongue has been removed from the unit.
+This definition does not include the terms "mobile home" or house trailer as
+set forth in section 15-1-101, Montana Code Annotated.
+MANUFACTURED HOME, CLASS B: A manufactured home meeting the mobile home
+construction and safety standards of the U.S. department of housing and urban
+development, but not meeting all criteria in subsections (A) through (F) of the
+definition of Manufactured Home, Class A.
+MANUFACTURED HOME, CLASS C: A manufactured home which does not meet the mobile
+home construction and safety standards of the U.S. department of housing and
+urban development, but which is at least ten feet (10') in width and forty feet
+(40') in length excluding the hitch or tongue.
+MANUFACTURED HOME PARK: An area designed for and occupied by two (2) or more
+manufactured homes of any class where designated spaces are rented or leased to
+persons having their own manufactured homes. Also includes similar areas in
+which the manufactured home and the space are rented or leased to tenants.
+MANUFACTURED HOME SUBDIVISION: A land subdivision in which lots are designated
+and sold specifically for placement of manufactured homes of any class.
+MOTEL: See definition of Hotel.
+NONCONFORMING LOT OF RECORD: Any legally created lot of record that conformed
+to prior regulations, but that does not conform to the standards set forth in
+these regulations for lot area, dimensions, or configuration. (See section
+9-4-13 of this title.)
+NONCONFORMING STRUCTURE: A structure of any kind that was legal under prior
+regulations, but does not conform to these regulations in terms of setbacks,
+height, FAR, or LSR on the subject lot. (See section
+9-4-13 of this title.)
+NONCONFORMING USE: A use of land that was allowed under prior regulations, but
+which does not conform to these regulations. (See section
+9-4-13 of this title.)
+NUISANCE: A condition or situation that results in an interference with the
+enjoyment and use of property.
+OCCUPANT: An individual, individuals, or entity in actual possession of a
+premises.
+OFF STREET PARKING: Spaces for automobiles that are provided, or are required
+to be provided under these regulations, on private property, usually on the
+same lot or parcel as the business, residence, or other entity served by the
+parking, and not located on a street or other public way.
+ORNAMENTAL TREE: A deciduous tree planted primarily for its beauty, color,
+flower, or leaf rather than primarily for screening purposes.
+PARAPET: The extension of the main walls of a structure above roof level.
+PARAPET, TOP OF: The highest point of a parapet; often used in the measurement
+of structural height.
+PERSONAL SERVICES: Establishments primarily engaged in providing services, for
+compensation, involving the care of a person or his or her personal goods or
+apparel.
+PRINCIPAL USE: The primary or predominant use of any lot or parcel.
+RECREATIONAL VEHICLE (RV): See definition of Major Recreational Equipment.
+RECYCLING CENTER: Land, building, and equipment used for the collection,
+sorting, and reshipping of used materials for eventual reuse in new products.
+RELIGIOUS INSTITUTION: A church, synagogue, temple, mosque, or other facility
+where prayer, worship, fellowship, and education are partaken in by persons of
+similar beliefs. Also, a special purpose building or complex of buildings that
+is architecturally designed or particularly adapted for the primary use of
+conducting formal religious services on a regular basis.
+RESIDENTIAL USE: Use of land and/or buildings for sleeping, eating,
+congregating, and general housekeeping by an individual, group of individuals
+(see definition of Family), or family for a period of thirty (30) days or more.
+RESTAURANT: See definition of Dining And Drinking Establishment.
+RETAIL: The business activity through which durable and nondurable goods of all
+kinds, including food and specialty items and household furnishings, are
+offered for sale to the general public. This term does not include sales of
+motor vehicles, trailers, trucks, and RVs, nor does it include the sale of
+medical marijuana.
+RETAINING WALL: A structure that is constructed between lands of different
+elevations in order to stabilize the surfaces, prevent erosion and/or collapse,
+and protect other structures such as homes and businesses.
+RUBBISH: Generic term for solid waste, excluding food waste and ashes, taken
+from residences, commercial establishments, and institutions.
+SCALE: The proportioned relationship of the size of parts to one another, as in
+the scale of buildings or of a neighborhood. Also, the relationship between
+distances on a map and actual ground distances.
+SCALE OF DEVELOPMENT: The relationship of a particular project or development,
+in terms of its size, height, bulk, intensity of use, and aesthetics, to its
+surroundings.
+SELF-STORAGE FACILITY: A building or group of buildings containing separate,
+individual, and private storage spaces or varying sizes available for lease or
+rent for varying periods of time. Includes the terms "ministorage" and
+"miniwarehouses".
+SETBACK: The distance between a structure and any given lot line (front, side,
+or rear).
+SETBACK LINE: The line that delineates the required minimum distance from any
+lot line, and establishes the area within which a principal or accessory
+structure may be erected or placed.
+SHRUB: A woody plant, smaller than a tree, consisting of several small branches
+from the ground or small branches near the ground; may be deciduous or
+evergreen.
+SIGN: An object, device, display, or structure, or part thereof, situated
+outdoors or indoors, that is intended and used to advertise, identify, display,
+direct, or attract attention to an object, person, institution, organization,
+business, product, service, event, or location by any means, including words,
+letters, figures, design, symbols, fixtures, colors, illuminated, or projected
+images.
+SIGN, OFF PREMISES: A sign specifically designed to direct attention to a
+business, product, or service, or attraction that is not provided on the
+premises on which the sign is located; billboard.
+SIGN, TEMPORARY: A sign or advertising display constructed of cloth, canvas,
+fabric, plywood, or other light material and designed or intended to be
+displayed for a relatively short period of time; not permanent.
+SMOKE SHACK: A four (4) sided building no larger than ninety six (96) square
+feet, one side of which is totally open. On the remaining three (3) sides,
+there shall be continuous ventilation gaps of no less than eight inches (8") in
+width between the wall and ceiling and the wall and the floor.
+SPECIMEN TREE: A particularly impressive or outstanding example of a species
+because of its size, shade, age, or other trait that epitomizes the character
+of the species; in a landscape plan, species of trees that will grow the
+largest and are usually installed at the largest sizes of any other plant
+materials in the plan. May be coniferous or deciduous.
+STRUCTURE: A combination of materials, that when combined and assembled in the
+process of construction, form a substantial object for use, occupancy, or
+ornamentation whether installed on, above, or below the surface of land or
+water; a combination of materials assembled and set upon the land for a
+beneficial use.
+SUBDIVISION: The division of a lot, tract, or parcel of land into two (2) or
+more lots, or other divisions of land for sale, development, or lease. A
+division of land meeting the definition of subdivision set forth in section 76-
+3-103, Montana Code Annotated.
+TAVERN: See definition of Dining And Drinking Establishment.
+TELECOMMUNICATIONS FACILITY: A federal communications commission licensed
+facility, including at least one tower and support functions, designed and used
+for the purpose of transmitting, receiving, and relaying voice and data signals
+from various wireless communication devices and equipment. Does not include
+broadcast antennas, amateur radio transmission facilities, or antennas for
+public service communications such as police, fire, and other emergency
+services.
+THEATER: A building or part thereof used to show motion pictures or theatrical
+productions including drama, dance, musical/concerts, or other live
+performances.
+TOURIST HOME: A lodging use of a residence where the entire residence or rooms
+therein are rented to transient guests, with or without meals, for compensation
+and for a term of occupancy of less than thirty (30) days.
+TRAVEL TRAILER: See definition of Major Recreational Equipment.
+ZONING DISTRICT: As used in these regulations, this term refers to individual
+zoning districts such as A residential, highway business, general industrial,
+etc. The term does not refer to all zoned land within the city of Choteau
+collectively.
+ZONING PERMIT: A permit issued by the city of Choteau that verifies that the
+development described in the permit meets the applicable requirements of this
+title. (Reference section
+9-2-1 through
+9-2-7 of this title.) (Ord. 304, 4-10-2012)
+ 
+Notes
+1 1. MCA § 52-2-703.
+2 1. MCA § 52-2-703.
+3 2. MCA § 52-2-703.
+TITLE 10
+TRAFFIC
+CHAPTER 1
+DEFINITIONS
+SECTION:
+10-1-1: Definitions
+10-1-1: DEFINITIONS:
+The following words and phrases when used in this title shall for the purpose
+of this title have the meanings respectively ascribed to them in this title
+unless a different meaning clearly appears from the context:
+ALLEY: Any public space or public thoroughfare twenty feet (20') or less in
+width.
+AUTHORIZED EMERGENCY VEHICLE: Vehicles of the fire department (fire patrol),
+police vehicles, and such ambulances and emergency vehicles of municipal
+departments or public service corporations as are designated or authorized by
+the council.
+BICYCLE: Every device propelled by human power upon which any person may ride,
+having two (2) tandem wheels either of which is over twenty inches (20") in
+diameter.
+BUSINESS DISTRICT: The territory contiguous to and including a street or
+highway when within any six hundred feet (600') along such street or highway
+there are buildings in use for business or industrial purposes, including, but
+not limited to, hotels, banks, or office buildings, railroad stations, and
+public buildings which occupy at least three hundred feet (300') collectively
+on both sides of the street or highway; provided however, that the chief of
+police, with the consent of the council, may change the boundaries or territory
+within said business district.
+COMMERCIAL VEHICLE: Every vehicle designed, maintained, or used primarily for
+the transportation of property.
+CONTROLLED ACCESS HIGHWAY: Every highway, street, or railroad in respect to
+which owners or occupants of abutting property or lands and other persons have
+no legal right of access to or from the same except at such points only and in
+such manner as may be determined by this title or by the council.
+CROSSWALK: That part of a roadway at an intersection included within the
+connections of the lateral lines of the sidewalks on opposite sides of the
+highway measured from the curbs, or in the absence of curbs from the edges of
+the traversable roadway. Any portion of a roadway at an intersection or
+elsewhere distinctly indicated for pedestrian crossing by lines or other
+markings on the surface.
+CURB LOADING ZONE: A space adjacent to a curb reserved for the exclusive use of
+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
+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
+highways joining at any other angle may come in conflict.
+Where a highway includes two (2) roadways thirty feet (30') or more apart, then
+every crossing of each roadway of such divided highway by an intersecting
+highway shall be regarded as a separate intersection. In the event such
+intersecting highway also includes two (2) roadways thirty feet (30') or more
+apart, then every crossing of two (2) roadways of such highways shall be
+regarded as a separate intersection.
+LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked
+lanes for vehicular traffic.
+MOTOR VEHICLE: Every vehicle which is self-propelled not operating upon rails.
+MOTORCYCLE: Every motor vehicle having a saddle for the use of the rider and
+designed to travel on not more than three (3) wheels in contact with the
+ground, but excluding a tractor.
+OFFICIAL TIME STANDARD: Whenever certain hours are named herein they shall mean
+standard time or daylight saving time as may be in current use in the city.
+OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings and devices not
+inconsistent with this title placed or erected by authority of the council for
+the purpose of regulating, warning, or guiding traffic and parking.
+PARK: When prohibited means the standing of a vehicle, whether occupied or not,
+otherwise than temporarily for the purpose of and while actually engaged in
+loading or unloading.
+PASSENGER CURB LOADING ZONE: A place adjacent to a curb reserved for the
+exclusive use of vehicles during the loading or unloading of passengers.
+PEDESTRIAN: Any person afoot.
+PERSON: Every natural person, firm, copartnership, association or corporation.
+POLICE OFFICER: Every officer of the municipal police department or any officer
+authorized to direct or regulate traffic or to make arrests for violations of
+this title.
+PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for
+vehicular travel by the owner and those having express or implied permission
+from the owner, but not by other persons.
+RAILROAD: A carrier of persons or property upon cars operated upon stationary
+rails.
+RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars
+coupled thereto, operated upon rails.
+RESIDENCE DISTRICT: The territory contiguous to and including a street or
+highway not comprising a business district when the property on such street or
+highway for a distance of three hundred feet (300') or more is in the main
+improved with residences or residences and buildings in use for business.
+RIGHT OF WAY: The privilege of the immediate use of the roadway.
+ROADWAY: That portion of a street or highway improved, designed, or ordinarily
+used for vehicular travel, exclusive of the berm or shoulder. In the event a
+highway includes two (2) or more separate roadways the term "roadway" as used
+herein shall refer to any such roadway separately but not to all such roadways
+collectively.
+SAFETY ZONE: The area or space officially set apart within a roadway for the
+exclusive use of pedestrians and which is protected or is so marked or
+indicated by adequate signs as to be plainly visible at all times while set
+apart as a safety zone.
+SIDEWALK: That portion of a street between curb lines, or the lateral lines of
+a roadway, and the adjacent property lines intended for the use of pedestrians.
+STOP: When required means complete cessation of movement.
+STOP, STOPPING, OR STANDING: When prohibited means any stop or standing of a
+vehicle, whether occupied or not, except when necessary to avoid conflict with
+other traffic or in compliance with the directions of a police officer or
+traffic control sign or signal.
+STREET OR HIGHWAY: The entire width between the boundary lines of every way
+publicly maintained when any part thereof is open to the use of the public for
+purposes of vehicular travel.
+THROUGH HIGHWAY: Every street or highway or portion thereof at the entrances to
+which vehicular traffic from intersecting streets or highways is required by
+law to stop before entering or crossing the same and when stop signs are
+erected as provided in this title.
+TRAFFIC: Pedestrians, ridden or herded animals, vehicles, and other conveyances
+either singly or together while using any street for the purpose of travel.
+TRAFFIC CONTROL SIGNAL: Any device, whether manually, electrically or
+mechanically operated, by which traffic is alternately directed to stop and to
+proceed.
+TRAFFIC DIVISION: The traffic division of the police department of this city,
+or in the event a traffic division is not established, then said term whenever
+used herein shall be deemed to refer to the police department of this city.
+TRUCK: Every motor vehicle designed, used, or maintained primarily for the
+transportation of property and rated one ton or more capacity.
+VEHICLE: Every device in, upon, or by which any person or property is or may be
+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:
+10-2-1: Police Administration
+10-2-2: Records Of Traffic Violations
+10-2-3: Police Department To Investigate Accidents
+10-2-4: Driver's Files To Be Maintained
+10-2-5: Annual Traffic Safety Report
+10-2-6: Necessary, Emergency And Experimental Regulations
+10-2-1: POLICE ADMINISTRATION:
+It shall be the duty of the police department of this city to enforce the
+provisions of this chapter, and all of the state vehicle laws applicable to
+street traffic in this city, to make arrests for traffic violations, to
+investigate accidents and to cooperate with other officers of the city in the
+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
+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
+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)
+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
+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
+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
+prevent the same or to have the licenses of such persons suspended or revoked.
+(1967 Code)
+10-2-5: ANNUAL TRAFFIC SAFETY REPORT:
+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
+number of persons injured, and other pertinent traffic accident data.
+   (B)   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
+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
+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
+conditions of traffic. (1967 Code)
+CHAPTER 3
+ENFORCEMENT
+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
+10-3-4: Persons Propelling Certain Vehicles
+10-3-5: Restricted Uses
+10-3-6: Public Employees To Obey Traffic Regulations
+10-3-7: Authorized Emergency Vehicles
+10-3-8: Approaching Authorized Emergency Vehicles
+10-3-9: Immediate Notice Of Accident
+10-3-10: Written Reports Of Accidents
+10-3-11: Driver Unable To Report
+10-3-12: Written Accident Reports Confidential
+10-3-1: AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS:
+It shall be the duty of the officers of the police department or such officers
+as are assigned by the chief of police to enforce all street traffic laws of
+this city and all of the state vehicle laws applicable to street traffic in
+this city.
+Officers of the police department or such officers as are assigned by the chief
+of police are hereby authorized to direct all traffic by voice, hand, or signal
+in conformance with traffic laws; provided, that, in the event of a fire or
+other emergency or to expedite traffic or to safeguard pedestrians, officers of
+the police department may direct traffic as conditions may require
+notwithstanding the provisions of the traffic code.
+Officers of the fire department, when at the scene of a fire, may direct or
+assist the police in directing traffic thereat or in the immediate vicinity.
+(1967 Code)
+10-3-2: REQUIRED OBEDIENCE TO TRAFFIC CODE:
+It is a misdemeanor for any person to do any act forbidden or fail to perform
+any act required in this title. (1967 Code)
+10-3-3: OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS:
+No person shall wilfully fail or refuse to comply with any lawful order or
+direction of a police officer or fire department official. (1967 Code)
+10-3-4: PERSONS PROPELLING CERTAIN VEHICLES:
+Every person propelling any push cart or riding an animal upon a roadway, and
+every person driving any animal drawn vehicle, shall be subject to the
+provisions of this code applicable to the driver of any vehicle, except those
+provisions of this code which by their very nature can have no application.
+(1967 Code)
+10-3-5: RESTRICTED USES:
+No person upon roller skates, or riding in or by means of any coaster, toy
+vehicle, or similar device, shall go upon any roadway except while crossing a
+street on a crosswalk and when so crossing such person shall be granted all the
+rights and shall be subject to all of the duties applicable to pedestrians.
+This section shall not apply upon any street while set aside as a play street
+as authorized by the provisions of this code. (1967 Code)
+10-3-6: PUBLIC EMPLOYEES TO OBEY TRAFFIC REGULATIONS:
+The provisions of this code shall apply to the driver of any vehicle owned by
+or used in the service of the United States government, this state, county, or
+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
+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:
+      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;
+      3.   Exceed the prima facie speed limits so long as he does not endanger
+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
+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
+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
+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
+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
+authorized emergency vehicle, and when the driver is giving audible signal by
+siren, exhaust whistle, or bell.
+      1.   The driver of every other vehicle shall yield the right of way and
+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
+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:
+The driver of a vehicle involved in an accident resulting in injury to or death
+of any person or property damage to an apparent extent of twenty five dollars
+($25.00) or more, shall immediately by the quickest means of communication give
+notice of such accident to the police department if such accident occurs within
+this city. (1967 Code)
+10-3-10: WRITTEN REPORTS OF ACCIDENTS:
+The driver of a vehicle which is in any manner involved in an accident
+resulting in injury to or death of a person or total property damage to an
+apparent extent of twenty five dollars ($25.00) or more shall, within five (5)
+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
+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
+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
+after learning of the accident make such report not made by the driver. (1967
+Code)
+10-3-12: WRITTEN ACCIDENT REPORTS CONFIDENTIAL:
+All written accident reports made by drivers, owners or occupants of vehicles
+involved in accidents as required in sections
+10-3-9 and
+10-3-10 of this chapter shall be without prejudice to the individual so
+reporting and shall be for the confidential use of the police department or
+other governmental agencies having use for the records for accident prevention
+purposes, except that the police department may disclose the identity of a
+person involved in an accident when such identity is not otherwise known or
+when such person denies his presence at such accident. No such report shall be
+used as evidence in any trial, civil or criminal, arising out of an accident
+except that the department shall furnish upon demand of any person who has, or
+claims to have made, such a report or upon demand of any court, a certificate
+showing that a specified accident report has or has not been made to the police
+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:
+10-4-1: Authority To Install Devices
+10-4-2: Specifications
+10-4-3: Obedience To Traffic Control Devices
+10-4-4: Enforcement Purposes
+10-4-5: Traffic Control Signal Legend
+10-4-6: Pedestrian Control Signals
+10-4-7: Flashing Signals
+10-4-8: Flashing Red Signal
+10-4-9: Flashing Yellow Signal
+10-4-10: Unauthorized Signs, Signals Or Markings
+10-4-11: Interference Prohibited
+10-4-12: Duty Of Chief Of Police
+10-4-1: AUTHORITY TO INSTALL DEVICES:
+The chief of police, with the approval of the council, shall place and maintain
+traffic control signs, signals, and devices when and as required under the
+traffic code of this city to make effective the provisions of said code, and
+may place and maintain such additional traffic control devices as he may deem
+necessary to regulate traffic under the traffic code or under state law, or to
+guide or warn traffic. (1967 Code)
+10-4-2: SPECIFICATIONS:
+All traffic control signs, signals, and devices, insofar as possible, shall
+conform to the standards set forth by the National Association of Traffic
+Engineers. All signs and signals required hereunder for a particular purpose
+shall so far as practicable be uniform as to type and location throughout the
+city. All traffic control devices so erected and not inconsistent with the
+provisions of state law or this code shall be official traffic control devices.
+(1967 Code)
+10-4-3: OBEDIENCE TO TRAFFIC CONTROL DEVICES:
+The driver of any vehicle shall obey the instructions of any official traffic
+control device applicable thereto placed in accordance with this chapter unless
+otherwise directed by a police officer subject to the exceptions granted the
+driver of an authorized emergency vehicle in this title. (1967 Code)
+10-4-4: ENFORCEMENT PURPOSES:
+No provision of this code for which signs are required shall be enforced
+against an alleged violator if at the time and place of the alleged violation
+an official sign is not in proper position and sufficiently legible to be seen
+by an ordinarily observant person. Whenever a particular section does not state
+that signs are required, such section shall be effective even though no signs
+are erected or in place. (1967 Code)
+10-4-5: TRAFFIC CONTROL SIGNAL LEGEND:
+Whenever traffic is controlled by traffic control signals exhibiting the words
+"Go", "Caution" or "Stop" or exhibiting different colored lights successively
+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.   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
+vehicles turning right or left, shall yield the right of way to other vehicles
+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"
+signal:
+      1.   Vehicular traffic facing the signal is thereby warned that the red
+or "Stop" signal will be exhibited immediately thereafter and such vehicular
+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":
+      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
+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
+on the pavement indicating where the stop shall be made, but in the absence of
+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
+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
+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)
+10-4-7: FLASHING SIGNALS:
+Whenever an illuminated flashing red or yellow signal is used in a traffic sign
+or signal, it shall require obedience by vehicular traffic. (1967 Code)
+10-4-8: FLASHING RED SIGNAL:
+When a red lens is illuminated with rapid intermittent flashes, drivers of
+vehicles shall stop before entering the nearest crosswalk at an intersection or
+at a limit line when marked, or, if none, then before entering the
+intersection, and the right to proceed shall be subject to the rules applicable
+after making a stop at a stop sign. (1967 Code)
+10-4-9: FLASHING YELLOW SIGNAL:
+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
+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
+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
+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
+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:
+No person shall without lawful authority attempt to or in fact alter, deface,
+injure, knock down, or remove any official traffic control device or any
+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
+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
+deem advisable.
+   (C)   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
+places as he may deem necessary for the protection of pedestrians. (1967 Code)
+CHAPTER 5
+PLAY STREETS
+SECTION:
+10-5-1: Authority To Establish Play Streets
+10-5-2: Play Streets Designated
+10-5-1: AUTHORITY TO ESTABLISH PLAY STREETS:
+The chief of police, with the approval of the council, shall have the authority
+to declare any street or part thereof a play street and to place appropriate
+signs or devices in the roadway indicating and helping to protect the same.
+(1967 Code)
+10-5-2: PLAY STREETS DESIGNATED:
+Whenever authorized signs are erected indicating any street, or part thereof as
+a play street no person shall drive a vehicle upon any such street or portion
+thereof except drivers of vehicles having business or whose residences are
+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:
+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
+(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
+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
+N.W.; and
+         (b)   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
+N.W.; and
+         (d)   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
+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
+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
+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
+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
+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:
+The state traffic laws regulating the speed of vehicles shall be applicable
+upon all streets within this city designated as state, interstate or United
+States highways, except as this chapter hereby declares and determines upon the
+basis of engineering and traffic investigation that certain speed regulations
+shall be applicable upon said specified highways, in which event it shall be
+unlawful for any person to drive a vehicle of any character at a speed in
+excess of any speed so declared in this chapter when signs are in place, giving
+notice thereof.
+It is hereby determined upon the basis of an engineering and traffic
+investigation that the speed permitted by state law upon said state, interstate
+or United States highways within the city is in some areas less than is
+necessary for safe operation of vehicles thereon by reason of the designation
+and sign posting of said streets as through highways and it is hereby declared
+that the speed limit on said highways shall be as designated and posted. (Ord.
+254, 3-20-1990)
+CHAPTER 7
+TURNING MOVEMENTS
+SECTION:
+10-7-1: Turning At Intersections
+10-7-2: Signals Before Certain Movements
+10-7-3: Placement And Obedience To Turning Markers
+10-7-4: Restricted Turn Signs
+10-7-5: Obedience To No Turn Signs
+10-7-6: Limitations On Turning Around
+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
+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
+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
+of such centerline where it enters the intersection and after entering the
+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
+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
+in the direction of travel of such vehicle and after entering the intersection
+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
+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
+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
+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
+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
+within an intersection indicating the course to be traveled by vehicles turning
+thereat, no driver shall disobey the directions of such indications. (1967
+Code)
+10-7-4: RESTRICTED TURN SIGNS:
+The chief of police with the consent of the council is hereby authorized to
+determine those intersections at which drivers of vehicles shall not make a
+right, left or U-turn, and shall place proper signs at such intersections. The
+making of such turns may be prohibited between certain hours of any day and
+permitted at other hours, in which event the same shall be plainly indicated on
+the signs or they may be removed when such turns are permitted. (1967 Code)
+10-7-5: OBEDIENCE TO NO TURN SIGNS:
+Whenever authorized signs are erected indicating that no right or left or U-
+turn is permitted, no driver of a vehicle shall disobey the directions of any
+such sign. (1967 Code)
+10-7-6: LIMITATIONS ON TURNING AROUND:
+The driver of any vehicle shall not turn such vehicle so as to proceed in the
+opposite direction upon any street in a business district and shall not upon
+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:
+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
+chief of police shall place and maintain signs giving notice thereof, and no
+such regulation shall be effective unless such signs are in place. Signs
+indicating the direction of lawful traffic movement shall be placed at every
+intersection where movement of traffic in the opposite direction is prohibited.
+(1967 Code)
+CHAPTER 9
+SPECIAL STOPS REQUIRED
+SECTION:
+10-9-1: Through Streets Designated
+10-9-2: Yield Signs
+10-9-3: Stop Signs
+10-9-4: Intersections Where Stop Required
+10-9-5: Vehicles To Stop At Stop Signs
+10-9-6: Emerging From Alley, Driveway Or Building
+10-9-7: Stop When Traffic Obstructed
+10-9-8: Stopping Within Intersection Or On Crosswalk
+10-9-9: Obedience To Railroad Signals
+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.
+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)
+10-9-2: YIELD SIGNS:
+When the intersection is designated by the council, as a "yield" intersection,
+the driver of a vehicle approaching the "yield" sign shall slow to a speed of
+not more than fifteen (15) miles per hour and yield right of way to all
+vehicles approaching from the right or left on the intersecting roads, or
+streets, which are so close as to constitute an immediate hazard. If a driver
+is involved in a collision at an intersection or interferes with the movement
+of other vehicles after driving past a "yield" sign, such collision or
+interference shall be deemed evidence of the driver's failure to yield right of
+way. (1967 Code)
+10-9-3: STOP SIGNS:
+Whenever any of the provisions of this code designate and describe a through
+street it shall be the duty of the chief of police to place and maintain a stop
+sign on each and every street intersecting such through street or intersecting
+that portion thereof described and designated as such by any provision of this
+code unless traffic at any such intersection is controlled at all times by
+traffic control signals, provided, however, that at the intersection of two (2)
+such through streets or at the intersection of a through street and a heavy
+traffic street not so designated, stop signs shall be erected at the approaches
+of either of said streets as may be determined by the chief of police upon the
+basis of an engineering and traffic study. (1967 Code)
+10-9-4: INTERSECTIONS WHERE STOP REQUIRED:
+The chief of police, with the consent of the council, is hereby authorized to
+determine and designate intersections where particular hazards exist upon other
+than through streets and to determine whether vehicles shall stop at one or
+more entrances to any such stop intersection, and shall erect a stop sign at
+every such place where a stop is required. (1967 Code)
+10-9-5: VEHICLES TO STOP AT STOP SIGNS:
+When stop signs are erected as herein authorized at or near the entrance to any
+intersection, every driver of a vehicle approaching a stop sign shall stop
+before entering the crosswalk on the near side of the intersection or in the
+event there is no crosswalk shall stop at a clearly marked stop line, but if
+none, then at the point nearest the intersecting roadway where the driver has a
+view of approaching traffic on the intersecting roadway before entering the
+intersection except when directed to proceed by a police officer or traffic
+control signal. (1967 Code)
+10-9-6: EMERGING FROM ALLEY, DRIVEWAY OR BUILDING:
+The driver of a vehicle within a business or residence district emerging from
+an alley, driveway or building shall stop such vehicle immediately prior to
+driving onto a sidewalk or onto the sidewalk area extending across any
+alleyway, yielding the right of way to any pedestrian as may be necessary to
+avoid collision, and upon entering the roadway shall yield the right of way to
+all vehicles approaching on said roadway. (1967 Code)
+10-9-7: STOP WHEN TRAFFIC OBSTRUCTED:
+No driver shall enter an intersection or a marked crosswalk unless there is
+sufficient space on the other side of the intersection or crosswalk to
+accommodate the vehicle he is operating without obstructing the passage of
+other vehicles or pedestrians, notwithstanding any traffic control signal
+indication to proceed. (1967 Code)
+10-9-8: STOPPING WITHIN INTERSECTION OR ON CROSSWALK:
+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
+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
+can do so safely. The foregoing requirements shall apply when:
+      1.   A clearly visible electric or mechanical signal device gives warning
+of the immediate approach of a railroad train;
+      2.   A crossing gate is lowered or when a human flagman gives or
+continues to give a signal of the approach of passage of a railroad train;
+      3.   A railroad train approaching within approximately one thousand five
+hundred feet (1,500') of the highway crossing emits a signal audible from such
+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
+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:
+10-10-1: Following Fire Apparatus Prohibited
+10-10-2: Crossing Fire Hose
+10-10-3: Driving Through Processions
+10-10-4: Drivers In A Procession
+10-10-5: Funeral Processions To Be Identified
+10-10-6: Vehicles Not To Be Driven On Sidewalks
+10-10-7: Limitations On Backing
+10-10-8: Riding On Motorcycles
+10-10-9: Clinging To Vehicles
+10-10-10: Boarding And Alighting From Vehicles
+10-10-11: Unlawful Riding
+10-10-12: Railroad Trains Not To Block Streets
+10-10-13: Flagman At Crossing
+10-10-14: Obstruction To View
+10-10-15: Driving By Certain Persons Unlawful
+10-10-16: Motorcycle Regulations
+10-10-17: No Through Truck Traffic
+10-10-18: Commercial Truck Routes
+10-10-1: FOLLOWING FIRE APPARATUS PROHIBITED:
+The driver of any vehicle other than one on official business shall not follow
+any fire apparatus traveling in response to a fire alarm closer than five
+hundred feet (500') or drive into or park such vehicle within the block where
+such fire apparatus has stopped in answer to a fire alarm. (1967 Code)
+10-10-2: CROSSING FIRE HOSE:
+No vehicle shall be driven over any unprotected hose of the fire department
+when laid down on any street or private driveway, to be used at any fire or
+alarm of fire, without the consent of the fire department official in command.
+(1967 Code)
+10-10-3: DRIVING THROUGH PROCESSIONS:
+No driver of a vehicle shall drive between the vehicles comprising a funeral or
+other authorized procession while they are in motion and when such vehicles are
+conspicuously designated (as required by the provisions of this chapter).
+This provision shall not apply at intersections where traffic is controlled by
+traffic control signals or police officers. (1967 Code)
+10-10-4: DRIVERS IN A PROCESSION:
+Each driver in a funeral or other procession shall drive as near to the right
+hand edge of the roadway as practical and shall follow the vehicle ahead as
+close as is practical and safe. (1967 Code)
+10-10-5: FUNERAL PROCESSIONS TO BE IDENTIFIED:
+A funeral composed of a procession of vehicles shall be identified as such by a
+lighting of the headlights of all vehicles in said procession, or by such other
+method as may be determined and designated by the chief of police. (1967 Code)
+10-10-6: VEHICLES NOT TO BE DRIVEN ON SIDEWALKS:
+The driver of a vehicle shall not drive within any sidewalk area except at a
+permanent driveway, or upon a temporary driveway when a permit therefor has
+been secured from the chief of police. (1967 Code)
+10-10-7: LIMITATIONS ON BACKING:
+The driver of a vehicle shall not back the same unless such movement can be
+made with reasonable safety and without interference with other traffic. (1967
+Code)
+10-10-8: RIDING ON MOTORCYCLES:
+A person operating a motorcycle 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 side of the operator. (1967 Code)
+10-10-9: CLINGING TO VEHICLES:
+No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle
+shall attach the same or himself to any vehicle upon a roadway. (1967 Code)
+10-10-10: BOARDING AND ALIGHTING FROM VEHICLES:
+No person shall board or alight from any vehicle while such vehicle is in
+motion. (1967 Code)
+10-10-11: UNLAWFUL RIDING:
+No person shall ride on any vehicle or portion thereof not designed or intended
+for the use of passengers. This provision shall not apply to an employee
+engaged in the necessary discharge of a duty, or to persons riding within truck
+bodies in space intended for merchandise. (1967 Code)
+10-10-12: RAILROAD TRAINS NOT TO BLOCK STREETS:
+It shall be unlawful for the directing officer, the engineer, conductor or
+other person in charge of any railroad train to direct the operation of or to
+operate the same in such a manner as to prevent the use of any street in the
+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
+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
+notified as hereinafter provided, who shall give a signal of warning to all
+persons, drivers, pedestrians or bicycle riders, or any of them, approaching
+the railroad crossing before and during the passage of any railroad train, and
+such flagman or watchman shall be on duty for such time during the day or
+night, or both, as the council shall direct. Such flagman or watchman shall be
+so stationed within five (5) days after such person, association or corporation
+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
+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
+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
+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)
+10-10-15: DRIVING BY CERTAIN PERSONS UNLAWFUL:
+It shall be unlawful for any person under the age of fifteen (15) years, unless
+such person has been issued and is in possession of a driving authorization
+permit from the Montana highway patrol (or the chief of police) to drive any
+motor vehicle on the streets of the city. It shall be the duty of members of
+the police department to arrest any person violating this provision, to take
+possession of the vehicle so driven and to hold the same until any penalty
+imposed for such violation has been paid or satisfied. The owner of a vehicle
+shall be held responsible for the operation of such vehicle by any person under
+the minimum age limit hereinbefore set forth; provided, however, that this
+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
+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
+the operation of the motorcycle or the view of the operator.
+   (C)   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.
+   (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
+operator or passenger, shall wear a helmet, which is rated Z90.1-1966-USASI
+safety standards, or better.
+   (G)   Not more than two (2) motorcycles shall be operated side by side in a
+single traffic lane.
+   (H)   All motor vehicles including motorcycles, are entitled to the full use
+of a traffic lane, and no vehicle shall be driven or operated in such a manner
+so as to deprive any other vehicle of the full use of a traffic lane, except
+that motorcycles may, with the consent of both drivers, be operated not more
+than two (2) abreast in a single traffic lane.
+   (I)   Every person riding a motorcycle upon a roadway shall be granted all
+of the rights and shall be subject to all of the duties applicable to the
+driver of a motor vehicle except as to those provisions which, by their nature,
+can have no application.
+   (J)   Any person violating any of the provisions of this section shall be
+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
+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
+      2nd Street SW
+      3rd Street SW
+      1st Avenue NW
+      7th Avenue NW
+      9th Avenue NE
+      10th Avenue NE
+      11th Avenue NE
+      12th Avenue NE
+      Rice Avenue
+(Ord. 308, 2-5-2014)
+   (B)   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
+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,
+upon the streets and avenues of the city of Choteau except upon the truck
+routes designated as follows:
+Airport Road
+Secondary Highway 220
+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
+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
+business purposes or personal purposes within the limits of the city or a point
+of origin or destination which is only accessible via city streets or avenues.
+   PERSONAL PURPOSES: Are transient, nonbusiness purposes.
+   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
+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
+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:
+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
+any motor vehicle owned by any person who has violated, as to said vehicle, any
+of the provisions of section 32-2142, 32-2143 or 32-2143.3, Revised Code of
+Montana, 1947, as amended, and such policeman has authority to remove such
+vehicle from the street, alleys or other public places where the violation
+occurs, and to store and keep possession thereof until the owner of such
+vehicle appears and claims the same. The costs of towing or removing such
+vehicle and the cost of storing the same shall be chargeable against the owner
+of said vehicle before the same shall be released. The vehicle may be stored in
+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:
+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
+10-12-4: Crossing At Right Angles
+10-12-5: When Pedestrian Shall Yield
+10-12-6: Pedestrians Walking Along Roadway
+10-12-7: Pedestrians Soliciting Rides Or Business
+10-12-8: Drivers To Exercise Due Care
+10-12-1: SUBJECT TO TRAFFIC SIGNALS:
+Pedestrians shall be subject to traffic control signals as heretofore declared
+in sections
+10-4-5 and
+10-4-6 of this title, but at all other places pedestrians shall be granted
+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
+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
+which the vehicle is traveling or when the pedestrian is approaching so closely
+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
+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.
+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
+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
+patrol member is holding his official signal in the stop position. (1967 Code)
+10-12-3: PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK:
+Pedestrians shall move, whenever practicable, upon the right one- half (1/2) of
+crosswalks. (1967 Code)
+10-12-4: CROSSING AT RIGHT ANGLES:
+No pedestrian shall cross a roadway at any place other than right angles to the
+curb or by the shortest route to the opposite curb except in a crosswalk. (1967
+Code)
+10-12-5: WHEN PEDESTRIAN SHALL YIELD:
+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
+to walk along and upon adjacent road.
+   (B)   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
+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
+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:
+Notwithstanding the foregoing provisions of this chapter, every driver of a
+vehicle shall exercise due care to avoid colliding with any pedestrian upon any
+roadway, and shall give warning by sounding the horn when necessary and shall
+exercise proper precaution upon observing any child or any confused or
+incapacitated person upon a roadway. (1967 Code)
+CHAPTER 13
+METHOD OF PARKING
+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
+10-13-1: STANDING OR PARKING CLOSE TO CURB:
+No person shall stand or park a vehicle in a roadway other than parallel with
+the edge of the roadway headed in the direction of lawful traffic movement and
+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
+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
+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:
+Upon those streets which have been signed or marked by the chief of police for
+angle parking, no person shall park or stand a vehicle other than at the angle
+to the curb or edge of the roadway indicated by such signs or markings and in
+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:
+10-14-1: Stopping, Standing Or Parking Prohibited
+10-14-2: Parking Not To Obstruct Traffic
+10-14-3: Parking In Alleys
+10-14-4: Parking For Certain Purposes Prohibited
+10-14-5: Parking Adjacent To Schools
+10-14-6: Parking Prohibited On Narrow Streets
+10-14-7: Standing Or Parking On One-Way Streets
+10-14-8: Standing Or Parking On One-Way Roadways
+10-14-9: Stopping, Standing Or Parking Near Hazardous Or Congested Places
+10-14-10: Application Of Chapter
+10-14-11: Regulations Not Exclusive
+10-14-12: Certain Parking Prohibited
+10-14-13: Parking Time Limited
+10-14-14: Parking Signs Required
+10-14-15: Truck, Truck Tractor, Trailer, Semitrailers, Bus And School Bus
+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
+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.
+      2.   In front of a public or private driveway.
+      3.   Within an intersection.
+      4.   Within eight feet (8') of a fire hydrant.
+      5.   On a crosswalk.
+      6.   Within prohibited designated area next to crosswalk at an
+intersection.
+      7.   Within thirty feet (30') upon the approach to any flashing beacon,
+stop sign or traffic control signal located at the side of a roadway provided
+that bus stops may be established in said areas, as provided in this code.
+      8.   Within fifty feet (50') of the nearest rail of a railroad crossing.
+      9.   Within ten feet (10') of the driveway entrance to any fire station
+and on the side of a street opposite the entrance to any fire station within
+seventy five feet (75') of said entrance when properly signposted.
+      10.   Alongside or opposite any street excavation or obstruction when
+stopping, standing or parking would obstruct traffic.
+      11.   On the roadway side of any vehicle stopped or parked at the edge or
+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
+such prohibited area or away from a curb such distance as is unlawful. (1967
+Code)
+10-14-2: PARKING NOT TO OBSTRUCT TRAFFIC:
+No person shall park any vehicle upon a street, other than an alley, in such a
+manner or under such conditions as to leave available less than ten feet (10')
+of the width of the roadway for free movement of vehicular traffic. (1967 Code)
+10-14-3: PARKING IN ALLEYS:
+No person shall park a vehicle within an alley in such a manner or under such
+conditions as to leave available less than ten feet (10') of the width of the
+roadway for the free movement of vehicular traffic, and no person shall stop,
+stand or park a vehicle within an alley in such position as to block the
+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
+emergency.
+   (C)   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
+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
+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
+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
+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
+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:
+The chief of police is authorized to erect signs upon the left hand side of any
+one-way street to prohibit the standing or parking of vehicles, and when such
+signs are in place, no person shall stand or park a vehicle upon such left hand
+side in violation of any such sign. (1967 Code)
+10-14-8: STANDING OR PARKING ON ONE-WAY ROADWAYS:
+In the event a highway includes two (2) or more separate roadways and traffic
+is restricted to one direction upon any such roadway, no person shall stand or
+park a vehicle upon the left hand side of such one-way roadway unless signs are
+erected to permit such standing or parking. The chief of police is authorized
+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
+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
+authorized herein, no person shall stop, stand or park a vehicle in any such
+designated place. (1967 Code)
+10-14-10: APPLICATION OF CHAPTER:
+The provisions of this chapter prohibiting the standing or parking of a vehicle
+shall apply at all times or at those times herein specified or as indicated on
+official signs, except when it is necessary to stop a vehicle to avoid conflict
+with other traffic or in compliance with the directions of a police officer or
+official traffic control device. (1967 Code)
+10-14-11: REGULATIONS NOT EXCLUSIVE:
+The provisions of this chapter imposing a time limit on parking shall not
+relieve any person from the duty to observe other and more restrictive
+provisions prohibiting or limiting the stopping, standing or parking of
+vehicles in specified places or at specified times. (1967 Code)
+10-14-12: CERTAIN PARKING PROHIBITED:
+It shall be unlawful to park any vehicle on any paved street, avenue or alley
+as posted between the hours of five o'clock (5:00) A.M. and eight o'clock (8:
+00) A.M., while any such street, avenue or alley is being cleaned and the city
+council shall have the authority to designate the days upon which certain
+streets, avenues and alleys shall be cleaned and no parking permitted. (Ord.
+210, 6-6-1978)
+10-14-13: PARKING TIME LIMITED:
+When signs are erected in each block giving notice thereof, no person shall
+park a vehicle for longer than three (3) hours at any time between the hours of
+nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on any day, except Sunday
+and public holidays, within the district so posted. (Ord. 138, 10-17-1960)
+10-14-14: PARKING SIGNS REQUIRED:
+The city council may, from time to time or as it deems necessary, erect parking
+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
+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
+between Division Street and Fourth Street NW or NE, on First Avenue SW between
+Division Street and First Street SW, on First Street SW to the west of West
+Court Avenue; or on Division Street, First Street NW, Second Street NW, Third
+Street NW, or Fourth Street NW, to the west of first alley east of Main Avenue,
+which alley parallels Main Avenue and is adjacent to and to the west of the
+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,
+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
+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
+such vehicles, and for the parking of a truck, truck tractor, trailer or
+semitrailer while such vehicle is being used in connection with the
+construction or repair of buildings, service calls or the moving of household
+goods.
+      2.   All recreational vehicles, campers and horse trailers or other
+vehicles which may be pulled or trailed behind a motor vehicle will be allowed
+to park for seventy two (72) consecutive hours on city streets with the
+exception of Main Avenue North and South, First Street Northeast, Division
+Street West and Seventh Avenue SW to the city limits.
+      3.   Persons seeking waiver of any parking restrictions covered by this
+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
+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
+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)
+fee for each separate special parking permit.
+               (d)   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
+particularly describe the particular location as to address and size of parking
+area permitted and specify the use for which the permit is granted.
+               (f)   Permit Regulations: No special parking permit area may
+interfere with public safety, normal traffic flow nor infringe on private
+property other than that owned, leased or otherwise vested or used by legal
+right by the person receiving the special parking permit.
+               (g)   Revocation Of Special Permit: The city council may, upon
+receiving a written complaint and proper written notice to the permit holder
+and after public hearing of the city council, revoke any special parking permit
+issued hereunder, when, in the council's opinion, it is in the best interest of
+the city to do so. The city council shall have the discretion to determine
+whether to hold a hearing on the complaint. No permit shall be revoked without
+opportunity for hearing.
+               (h)   Renewal Of Special Permit: Once a special parking permit
+has been issued, the city council may, upon request from a permit holder, renew
+for another year without a public hearing upon condition the permit holder pay
+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",
+"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
+section.
+   (E)   Violation of any provisions of this section shall be a misdemeanor
+which is punishable by fine or imprisonment as provided in section 61-8-711,
+Montana Code Annotated or its successor. Each day such violation continues is a
+separate offense.
+   (F)   Should any part or provisions of this section be declared
+unconstitutional or invalid by the courts, such decision shall not affect the
+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:
+10-15-1: State License
+10-15-1: STATE LICENSE:
+The owner of a motor vehicle shall register such vehicle with the registrar of
+motor vehicles of the state of Montana and shall further comply with all
+provisions of the motor vehicle registration act. The owner shall display in a
+conspicuous place on such registered vehicle the proper license plates which
+must be legible at all times for a distance of one hundred feet (100'). Any
+Montana resident who shall drive any motor vehicle upon the streets of the city
+shall have in his possession a driver's license issued to him by the state of
+Montana. Nonresidents shall comply in this respect with the Montana nonresident
+act. (1967 Code)
+CHAPTER 16
+VEHICLE RIGHT OF WAY REGULATIONS
+SECTION:
+10-16-1: Drive On Right Hand Side Of Street
+10-16-2: Crossing Railroad Intersections
+10-16-3: Meeting Of Vehicles
+10-16-4: Overtaking And Passing A Vehicle
+10-16-5: Limitations On Overtaking And Passing
+10-16-6: Operators To Give Way
+10-16-7: Following Too Closely
+10-16-8: Right Of Way
+10-16-9: Through And Preferential Streets
+10-16-10: Right Of Way Backing
+10-16-11: U-Turns
+10-16-1: DRIVE ON RIGHT HAND SIDE OF STREET:
+Upon all streets, except one-way streets, the driver of a vehicle shall drive
+the same upon the right one-half (1/2) of the street and the driver of a slow
+moving vehicle shall drive the same as close as possible to the right hand curb
+of a street, unless it is impracticable to travel on such side of the street,
+and except when overtaking and passing another vehicle, subject to the
+limitations applicable by law for overtaking and passing.
+The foregoing provisions of this section shall not be deemed to prevent the
+marking of lanes for traffic upon any street and the allocation of designated
+lanes to traffic moving in a particular direction or at designated speeds.
+(1967 Code)
+10-16-2: CROSSING RAILROAD INTERSECTIONS:
+In crossing an intersection of a highway and railroad right of way, except upon
+a one-way street, the driver of a vehicle shall at all times cause such vehicle
+to travel on the right one-half (1/2) of the roadway unless such right one-half
+(1/2) is obstructed or impassable. (1967 Code)
+10-16-3: MEETING OF VEHICLES:
+Drivers of vehicles proceeding in opposite directions shall pass each other to
+the right, each giving to the other at least one- half (1/2) of the main
+traveled portion of the roadway as nearly as possible. (1967 Code)
+10-16-4: OVERTAKING AND PASSING A VEHICLE:
+The driver of a vehicle overtaking another vehicle proceeding in the same
+direction shall pass at a safe distance to the left thereof, and shall not
+again drive to the right side of the highway until safely clear of such
+overtaken vehicle. (1967 Code)
+10-16-5: LIMITATIONS ON OVERTAKING AND PASSING:
+The driver of a vehicle shall not drive to the left side of the centerline of a
+highway in overtaking and passing another vehicle proceeding in the same
+direction unless such left side is clearly visible and is free of oncoming
+traffic for a sufficient distance ahead so to drive in safety. The foregoing
+provision of this section shall not apply upon one-way streets laned for
+traffic in which latter event vehicles traveling in lanes shall move in the
+direction permitted for such lanes.
+The driver of a vehicle shall not overtake and pass another vehicle proceeding
+in the same direction at any railroad grade crossing or at any intersection of
+highways. (1967 Code)
+10-16-6: OPERATORS TO GIVE WAY:
+The operator of a vehicle upon a highway about to be overtaken and passed by
+another vehicle approaching from the rear, or about to pull away from the curb,
+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
+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
+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)
+10-16-8: RIGHT OF WAY:
+When two (2) vehicles enter an intersection the driver of the vehicle on the
+left shall yield the right of way to the vehicle on the right. The driver of a
+vehicle within an intersection intending to turn to the left shall yield the
+right of way to any vehicle approaching from the opposite direction. (1967
+Code)
+10-16-9: THROUGH AND PREFERENTIAL STREETS:
+The driver of any vehicle who has come to a full stop as herein required upon
+entering a through or preferential street, shall yield the right of way to
+vehicle or vehicles on such through or preferential street. (1967 Code)
+10-16-10: RIGHT OF WAY BACKING:
+The driver of any vehicle backing the same against the current of traffic shall
+be responsible for any accident in which he may become involved. (1967 Code)
+10-16-11: U-TURNS:
+The chief of police, with the consent of the council, is hereby authorized to
+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:
+10-17-1: Brakes
+10-17-2: Required Lighting Equipment
+10-17-3: Additional Permissible Lights
+10-17-4: Load Requirements
+10-17-5: Horns And Warning Devices
+10-17-6: Muffler Cutouts Regulated
+10-17-7: Red Light In Front Of Vehicle Prohibited
+10-17-8: Size Of Vehicles And Loads
+10-17-9: Trailers And Towed Vehicles
+10-17-10: Restrictions As To Tire Equipment
+10-17-11: State Statutes Shall Control
+10-17-12: Vehicles With Lugs
+10-17-13: Hot Rods
+10-17-1: BRAKES:
+Every motor vehicle operated or driven upon any public highway in the city
+shall be provided with at least two (2) sets of independently operated brakes
+in good working order, either one of which must be sufficient to stop the drive
+wheels of the car and prevent them from turning while the car is in motion;
+provided, however, that motorcycles need be equipped with only one brake. All
+such brakes shall be maintained in good working order and shall conform to
+regulations not inconsistent with this section promulgated by the chief of
+police or by the Montana highway patrol.
+Any police officer having reason to believe that the brakes with which any
+motor vehicle is equipped are unlawful, is authorized to test the same either
+by means of a portable brake testing machine or a stationary brake testing
+machine, and may require each motor vehicle to be driven to the nearest brake
+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
+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
+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
+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
+(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
+hundred feet (500').
+   (E)   Intensity Of Front Lights: The light of the front lamps required in
+subsections (B) and (C) of this section shall be visible at least five hundred
+feet (500') in the direction in which the motor vehicle is proceeding.
+   (F)   Nonglare Dimmers: The front lights of all motor vehicles shall be
+equipped with some style of nonglare dimmers by which the intensity of such
+lights is diminished, and it shall be unlawful for the driver of any motor
+vehicle in the city to display on the front of such vehicle lights of such
+degree of brightness as tend to confuse drivers of vehicles coming in contact
+with or moving in an opposite direction from such motor vehicles, but lamps
+shall be deemed to comply with the foregoing provisions as to confusing
+brightness if none of the main bright portion of the headlight beams rises
+above a horizontal plane passing through the lamp centers, parallel to the
+level road upon which the loaded vehicle stands and in no case higher than
+forty two inches (42"), seventy five feet (75') ahead of the vehicle.
+   (G)   Clearance Lamps: Trucks, trailers and automobiles which are of a
+greater width than eighty inches (80"), upon any public highway in the city
+shall be equipped with and display on each side of the body thereof a white,
+yellow or green light or reflector facing the front and on each side of the
+rear of such vehicle a red light or reflector facing the rear.
+   (H)   Stop Light On Motor Buses: All motor buses operating upon the streets,
+avenues or alleys of the city shall in addition to the rear lamp provided in
+subsection (B) of this section, carry also at the rear a lamp which exhibits a
+red light when said vehicle is slowed for a stop, or what is commonly called a
+stop light, which shall be visible under normal atmospheric conditions at a
+distance of not less than two hundred feet (200') from the rear of such motor
+bus.
+   (I)   Stop Lights On Other Vehicles: All vehicles not heretofore in this
+section required to be equipped with specified lighted lamps shall carry one or
+more lighted lamps or lanterns displaying a white light visible under normal
+atmospheric conditions from a distance of not less than five hundred feet
+(500') to the rear of such vehicle; provided, however, that if any provision of
+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
+(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
+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
+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
+than fifty feet (50') of the vehicle. (1967 Code)
+10-17-4: LOAD REQUIREMENTS:
+Whenever any trucks, trailers and automobiles upon a public highway in the city
+shall be loaded with any material in such a manner that any portion of such
+load extends toward the rear three feet (3') or more beyond the rear of the
+body or bed of such vehicle, there shall be displayed at the extreme rear end
+of the load, during the period between sunset and sunrise, a light or reflector
+plainly visible under normal atmospheric conditions at least two hundred feet
+(200') from the rear, and at all other times while such vehicle is upon a
+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
+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
+section, for any vehicle to be equipped with or for any person to use upon a
+vehicle any siren, bell, or any compression or spark plug whistle, or any
+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,
+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
+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
+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
+public highway in the city displaying a red light or red reflector visible from
+the front of such vehicle; provided, however, that this section shall not apply
+to police cars, sheriff's cars, emergency ambulances, wreckers or firefighting
+equipment and vehicles of volunteer firemen. (1967 Code)
+10-17-8: SIZE OF VEHICLES AND LOADS:
+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
+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
+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')
+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").
+   (F)   No buildings shall be moved along or over any of the streets of the
+city unless a permit therefor shall be first granted by the city clerk, and in
+granting such permit, the city clerk shall be empowered to designate the route
+which shall be taken in moving any such building.
+   (G)   No vehicle shall be driven or moved on a highway within the city
+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
+drawing or having attached thereto more than one other vehicle.
+   (B)   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
+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
+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
+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
+permissible to use tire chains of reasonable proportions upon any vehicle when
+required for safety because of snow, ice or other conditions tending to cause a
+vehicle to slide or skid; and provided further, that the chief of police may in
+his discretion issue special permits authorizing the operation upon a highway
+in said city of traction engines or tractors having movable tracks with
+transverse corrugations upon the periphery of such movable tracks on farm
+tractors or other farm machinery. (1967 Code)
+10-17-11: STATE STATUTES SHALL CONTROL:
+If the provisions of the statutes of Montana shall vary or conflict with the
+provisions of this chapter, then the provisions of the state statutes shall
+control and the provisions of this chapter shall be considered subject to
+statutory provisions. (1967 Code)
+10-17-12: VEHICLES WITH LUGS:
+It shall be unlawful to operate any vehicle with lugs, hard tires or wheels
+along or across any paved street in the city which might break, injure or
+damage such pavement; provided, however, that any such movement may be made
+under the supervision of the chief of police and then only upon planks or other
+covering to be designated by the officer. (1967 Code)
+10-17-13: HOT RODS:
+It shall be unlawful for any person to run or operate upon the highways,
+streets, or alleys of the city any passenger automobile without being equipped
+with front and rear fenders, front bumper and windshield, or any trucks,
+pickup, trailer or motorcycle without said fenders unless the body thereof is
+so designed and constructed as to afford the same protection as if it were
+equipped with fenders. (1967 Code)
+CHAPTER 18
+BICYCLES
+SECTION:
+10-18-1: Effect Of Regulations
+10-18-2: License Required
+10-18-3: Application
+10-18-4: Issuance
+10-18-5: Attachment Of License Plate
+10-18-6: Inspection
+10-18-7: Transfer Of Ownership
+10-18-8: Rental Agencies
+10-18-9: Traffic Laws Apply
+10-18-10: Obedience To Traffic Control Devices
+10-18-11: Riding On Bicycles
+10-18-12: Speed
+10-18-13: Emerging From Alley Or Driveway
+10-18-14: Clinging To Vehicles
+10-18-15: Carrying Articles
+10-18-16: Parking
+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
+perform any act required herein.
+   (B)   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
+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:
+It shall be unlawful for any person, residing in the municipality, to ride or
+propel a bicycle on any public thoroughfare unless such bicycle has been
+licensed and a license plate is attached thereto. (1967 Code)
+10-18-3: APPLICATION:
+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
+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
+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
+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
+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
+position as to be plainly visible.
+   (C)   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:
+The clerk shall inspect each bicycle before licensing the same and shall refuse
+a license for any bicycle which he determines is in unsafe mechanical
+condition. (1967 Code)
+10-18-7: TRANSFER OF OWNERSHIP:
+Upon the sale or transfer of a licensed bicycle the licensee shall remove the
+plate and shall either surrender the same to the clerk or may upon proper
+application, but without payment of an additional fee, have said plate assigned
+to another bicycle owned by the applicant. (1967 Code)
+10-18-8: RENTAL AGENCIES:
+A rental agency shall not rent or offer any bicycle for rent unless the bicycle
+is licensed and a license plate is attached thereto. (1967 Code)
+10-18-9: TRAFFIC LAWS APPLY:
+Every person riding a bicycle shall be granted all of the rights and shall be
+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
+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
+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
+permanent and regular seat attached thereto.
+   (B)   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
+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
+than is reasonable and prudent under the conditions then existing. (1967 Code)
+10-18-13: EMERGING FROM ALLEY OR DRIVEWAY:
+The operator of a bicycle emerging from an alley, driveway or building shall
+upon approaching a sidewalk or the sidewalk area extending across any alleyway,
+yield the right of way to all pedestrians approaching on said sidewalk and upon
+entering the roadway shall yield the right of way to all vehicles approaching
+on said roadway. (1967 Code)
+10-18-14: CLINGING TO VEHICLES:
+It shall be unlawful for any person riding upon any bicycle to attach the same
+or himself to any vehicle upon any public thoroughfare. (1967 Code)
+10-18-15: CARRYING ARTICLES:
+It shall be unlawful for any person operating a bicycle to carry any package,
+bundle or article which prevents the rider from keeping at least one hand on
+the handlebars. (1967 Code)
+10-18-16: PARKING:
+It shall be unlawful for any person to park a bicycle in such a manner as to
+interfere or obstruct pedestrian traffic. (1967 Code)
+10-18-17: RIDING ON SIDEWALKS:
+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
+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
+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
+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
+operator to make the braked wheel skid on dry, level, clean pavement. (1967
+Code)
+CHAPTER 19
+PENALTIES AND PROCEDURE ON ARREST
+SECTION:
+10-19-1: Penalties
+10-19-2: Forms And Records Of Traffic Citations And Arrests
+10-19-3: Procedure Of Police Officers
+10-19-4: Disposition Of Records
+10-19-5: Illegal Cancellation Of Citations
+10-19-6: Audit Of Records
+10-19-7: Copy Of Citation May Be Deemed Lawful Complaint
+10-19-8: Failure To Obey Citation
+10-19-9: Citation On Illegally Parked Vehicle
+10-19-10: Failure To Comply With Traffic Citation
+10-19-11: Presumption In Reference To Illegal Parking
+10-19-12: Warrant To Be Issued
+10-19-13: Records; Reports
+10-19-14: Disposition Of Traffic Fines And Forfeitures
+10-19-15: Authority To Impound Vehicles
+10-19-1: PENALTIES:
+In all cases where the penalty for the violation of the provisions of this
+title is not prescribed or is otherwise provided by law, every person violating
+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
+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
+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
+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)
+10-19-3: PROCEDURE OF POLICE OFFICERS:
+Except when authorized or directed under state law to immediately take a person
+before a magistrate for the violation of any traffic laws, a police officer who
+halts a person for such violation other than for the purpose of giving him a
+warning or warning notice and does not take such person into custody under
+arrest, shall take the name, address, and operator's license number of said
+person, the registered number of the motor vehicle involved, and such other
+pertinent information as may be necessary, and shall issue to him in writing on
+a form provided by the council a traffic citation containing a notice to answer
+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
+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
+cause the original to be delivered to the police court of this city and said
+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
+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
+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
+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.
+   (E)   The chief of police shall maintain or cause to be maintained a record
+of all warrants issued by the police court of this city or by any other court
+on said traffic violation charges and which are delivered to the police
+department for service, and of the final disposition of all such warrants.
+   (F)   It shall be unlawful and official misconduct for any member of the
+police department or other officer or public employee to dispose of, alter, or
+deface a traffic citation or any copy thereof, or the record of the issuance or
+disposition of any traffic citation, complaint, or warrant, in a manner other
+than as required in this section. (1967 Code)
+10-19-5: ILLEGAL CANCELLATION OF CITATIONS:
+It shall be unlawful for any person to cancel or solicit the cancellation of
+any traffic citation in any manner other than as provided in this chapter.
+(1967 Code)
+10-19-6: AUDIT OF RECORDS:
+Every record of traffic citations, complaints thereon, and warrants issued
+therefor required in this chapter shall be public records. The court shall
+report monthly to the city council. (1967 Code)
+10-19-7: COPY OF CITATION MAY BE DEEMED LAWFUL COMPLAINT:
+In the event the form of citation provided under section
+10-19-2 of this chapter includes information and is sworn to as required under
+the general laws of this state in respect to a complaint charging commission of
+the offense alleged in said citation to have been committed, then such citation
+when filed with a court having jurisdiction shall be deemed to be a lawful
+complaint for the purpose of prosecution under this title. (1967 Code)
+10-19-8: FAILURE TO OBEY CITATION:
+It shall be unlawful for any person to violate his written promise to appear
+given to an officer upon the issuance of a traffic citation regardless of the
+disposition of the charge for which such citation was originally issued. (1967
+Code)
+10-19-9: CITATION ON ILLEGALLY PARKED VEHICLE:
+Whenever any motor vehicle without driver is found parked or stopped in
+violation of any of the restrictions imposed by the provisions of this code, or
+by state law, the officer finding such vehicle shall take its registration
+number and may take any other information displayed on the vehicle which may
+identify its user, and shall conspicuously affix to such vehicle a traffic
+citation, on a form provided by the council, for the driver to answer to the
+charge against him within forty eight (48) hours during the hours and at a
+place specified in the citation. (1967 Code)
+10-19-10: FAILURE TO COMPLY WITH TRAFFIC CITATION:
+If a violator of the restrictions on stopping, standing or parking under the
+traffic laws or regulations does not appear in response to a traffic citation
+affixed to such motor vehicle within a period of five (5) days, the police
+court shall send to the owner of the motor vehicle to whom the traffic citation
+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
+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
+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
+as prescribed in sections
+10-19-9 and
+10-19-10 of this chapter has been followed. (1967 Code)
+10-19-12: WARRANT TO BE ISSUED:
+In the event any person fails to comply with a traffic citation given to such
+person or attached to a vehicle or fails to make appearance pursuant to a
+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
+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
+court or its traffic violations bureau in reference thereto, including, but not
+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
+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
+was forfeited shall prepare and immediately forward to said state department of
+motor vehicles an abstract of the record of said court covering the case in
+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
+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
+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:
+All fines or forfeitures collected upon conviction or upon the forfeiture of
+bail of any person charged with a violation of any of the provisions of this
+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
+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
+enumerated:
+      1.   When any vehicle is left unattended upon any bridge, viaduct, or
+causeway, or in any tube or tunnel where such vehicle constitutes an
+obstruction to traffic.
+      2.   When a vehicle upon a highway is so disabled as to constitute an
+obstruction to traffic and the person or persons in charge of the vehicle are
+by reason of physical injury incapacitated to such an extent as to be unable to
+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
+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
+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
+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
+period of three (3) days, then and in that event the officer shall immediately
+send or cause to be sent a written report of such removal by mail to the
+Montana registrar of motor vehicles, and shall file a copy of such notice with
+the proprietor of any public garage in which the vehicle may be stored. Such
+notice shall include a complete description of the vehicle, the date, time, and
+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:
+10-20-1: Definition Of Terms
+10-20-2: Regulations
+10-20-3: Exceptions To Regulations
+10-20-4: Equipment Required
+10-20-5: Traffic Regulations
+10-20-6: Violations; Penalties
+10-20-1: DEFINITION OF TERMS:
+As used in this chapter, the following terms shall have the meanings indicated
+herein, unless the context otherwise clearly requires that another meaning be
+intended:
+OPERATOR: Shall include every person who operates or is in actual physical
+control of the operation of a snowmobile.
+OWNER: Shall include every "person" as defined herein, other than a lien holder
+or other person having a security interest only, holding record title to a
+snowmobile, and entitled to the use or possession thereof.
+PERSON: Includes an individual, partnership, association, corporation, and any
+other body or group of persons, whether incorporated or not, and regardless of
+the degree of formal organization.
+ROADWAY: Shall include only those portions of any highway, road or street
+improved, designed or ordinarily used for travel or parking of motor vehicles.
+SNOWMOBILE: Includes any self-propelled, track driven vehicle, designed
+primarily for travel on snow or ice or natural terrain, which may be steered by
+wheels, skis or runners, and which is not otherwise registered or licensed
+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
+by the owner or occupant of said property.
+   (C)   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
+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.
+   (F)   Without having such snowmobile registered as provided for by statute
+except that this provision shall not apply to the operation of a snowmobile on
+the private property of the owner by the owner or a member of his immediate
+family.
+   (G)   Within the right of way of any public street within the city unless
+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
+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
+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
+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
+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
+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
+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
+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
+by fine or imprisonment or both as fixed by the provisions of this code. (Ord.
+199, 12-1-1975)