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2017 Code.md
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# CITY CODE of CHOTEAU, MONTANA
Since 1967
Contains ordinances up to and including ordinance 314, passed August 22, 2017
## 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been amended, superseded or repealed.
This City Code of the City of Choteau, as supplemented, contains ordinances up to and including [ordinance 314](ordinance 314.md), 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 Consult the City office in order to ascertain whether any particular provision of the Code has been amended, superseded or repealed.
 
## ADOPTING ORDINANCE ORDINANCE NUMBER 285 TO AMEND ORDINANCE NUMBER 160 OF THE CITY CODE OF THE CITY OF CHOTEAU
   **RECITAL**
   1. **WHEREAS,** on August 21, 1967 the City Council passed and approved
[Ordinance Number 160](ordinance 160.md) which provides as follows:
   *"Section 1. From and after the date of passage of this Ordinance the
Official City Code of the City of Choteau, prepared by Sterling Codifiers,
Inc., and hereby approved and accepted shall be the Official Code of all
Ordinances of a general and permanent character of the City.
   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.
   1. **WHEREAS,** on August 21, 1967 the City Council passed and approved [Ordinance Number 160](ordinance 160.md) which provides as follows:
   Section 3. At least one (1) copy of this City Code shall at all times be on
>"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,
   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:
   3. **WHEREAS,** Section 7-5-4203 Montana Code Annotated provides that ordinances are not effective until at least 30 days after passage.
   **BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHOTEAU** that [Ordinance 160](ordinance 160.md)
is amended and shall read as follows in its entirety:
  **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:
   "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.
   **BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHOTEAU** that [Ordinance 160](ordinance 160.md) is amended and shall read as follows in its entirety:
   Section 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."
>"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.
@ -63,8 +40,10 @@ date of final passage.
   **PASSED AND APPROVED** on final passage by the City Council of the City of
Choteau, Montana, this 19th day of October, 1999.
Superintendent/Finance Officer
*Superintendent/Finance Officer*
City of Choteau
(SEAL)
## TITLE 1 ADMINISTRATIVE
@ -84,47 +63,24 @@ City of Choteau
[1-1-5: Interpretations](#1-1-5-interpretations)
### 1-1-1: TITLE:
Upon adoption by the governing body this code is hereby declared to be and
shall hereafter constitute the official code of the city. Any reference made to
the number of any section contained herein shall be understood to refer to the
position of the same under its appropriate chapter and title heading, and to
the general penalty clause relating thereto, as well as to the section itself,
when reference is made to this code by title in any legal document. (1967 Code)
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)
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](ordinance 283.md), 7-20-
1999)
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](ordinance 283.md), 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)
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
In the determination of the provisions of each section of this code the following rules shall be observed:
1. 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)
2. 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**: