reglab/housing_qa huggingface dataset:
MT Code § 7-31-4101 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4101. Board of health

  7-31-4101. Board of health. The city or town council has power to provide for a board of health and to prescribe its powers and duties and, when such board of health is provided, for the same to have jurisdiction within the city or town limits and within 3 miles thereof.   History: En. Subd. 44, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.43, R.C.M. 1935; R.C.M. 1947, 11-946.
MT Code § 7-31-4102 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4102. Repealed

  7-31-4102. Repealed. Sec. 37, Ch. 291, L. 2009.   History: En. Subd. 61, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.60, R.C.M. 1935; R.C.M. 1947, 11-963; amd. Sec. 673, Ch. 61, L. 2007.
MT Code § 7-31-4103 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4103. Ditches, drains, and flumes in municipalities

  7-31-4103. Ditches, drains, and flumes in municipalities. The city or town council has power to regulate the use and construction of irrigating ditches, drains, and flumes within or running through any city or town.   History: En. Subd. 82, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.81, R.C.M. 1935; R.C.M. 1947, 11-984.
MT Code § 7-31-4104 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4104. Suppression of fraud and immoral publications

  7-31-4104. Suppression of fraud and immoral publications. The city or town council has power to suppress and punish all fraudulent devices and practices for the purpose of obtaining money or property and to prohibit the same or exhibition of immoral publications, prints, pictures, or illustrations.   History: En. Subd. 20, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.19, R.C.M. 1935; R.C.M. 1947, 11-922.
MT Code § 7-31-4105 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4105. through 7-31-4109 reserved

  7-31-4105 through 7-31-4109 reserved.
MT Code § 7-31-4110 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 41. General Provisions Affecting Municipalities|7-31-4110. Restriction of wildlife

  7-31-4110. Restriction of wildlife. (1) A city or town may adopt a plan to control, remove, and restrict game animals, as defined in 87-2-101, within the boundaries of the city or town limits for public health and safety purposes. Upon adoption of a plan, the city or town shall notify the department of fish, wildlife, and parks of the plan. If the department of fish, wildlife, and parks approves the plan or approves the plan with conditions, the city or town may implement the plan as approved or as approved with conditions.   (2) The plan may allow the hunting of game animals and provide restrictions on the feeding of game animals.   History: En. Sec. 1, Ch. 466, L. 2003; amd. Sec. 3, Ch. 261, L. 2005.
MT Code § 7-31-4201 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4201. Findings and purpose

  7-31-4201. Findings and purpose. (1) The legislature declares that the control of ditchwater in inhabited areas of Montana is affected with the public interest.   (2) The purpose of this part is to prevent drowning of children in ditches filled or partially filled with water within the limits of an incorporated city or town.   History: En. Sec. 1, Ch. 63, L. 1961; amd. Sec. 1, Ch. 306, L. 1969; R.C.M. 1947, 11-4001(part).
MT Code § 7-31-4202 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4202. Interpretation of part

  7-31-4202. Interpretation of part. (1) This part shall be deemed an exercise of the police power of the state in and for the protection of the welfare, health, peace, and safety of the people of Montana. This part shall be construed merely as a regulation in the public interest so that the diversion, transportation, and use of water in such ditches in cities and towns shall be in a safe manner, as defined by this part.   (2) Nothing in this part shall be construed as intending to effectuate the abandonment of any valid water right.   History: En. Sec. 1, Ch. 63, L. 1961; amd. Sec. 1, Ch. 306, L. 1969; R.C.M. 1947, 11-4001(part).
MT Code § 7-31-4203 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4203. Open ditch declared nuisance

  7-31-4203. Open ditch declared nuisance. Notwithstanding any provision contained in Title 85 or any law pertaining to the use of water in Montana, it is hereby declared that water which flows through the limits of an incorporated city or town in an open ditch is a public nuisance if such city or town, acting through its governing body declares it to be such nuisance.   History: En. Sec. 2, Ch. 63, L. 1961; amd. Sec. 2, Ch. 306, L. 1969; R.C.M. 1947, 11-4002.
MT Code § 7-31-4204 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4204. Investigation and remedial measures related to open ditches

  7-31-4204. Investigation and remedial measures related to open ditches. The governing body of the city or town is hereby given the power to:   (1) investigate the dangerous condition of such ditches within the corporate limits and declare any such ditch a public nuisance; and   (2) determine the measures necessary to remove the danger and public nuisance, including fencing or the use of culverts or other protective devices, based upon standards to be determined by such city or town.   History: En. Sec. 3, Ch. 63, L. 1961; amd. Sec. 3, Ch. 306, L. 1969; R.C.M. 1947, 11-4003.
MT Code § 7-31-4205 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4205. Procedure to close and fill ditch -- notice

  7-31-4205. Procedure to close and fill ditch -- notice. (1) When a public nuisance has been declared, as provided in this part, the city or town shall give public notice for at least 60 days to owners of the ditch and of any water rights affected that such ditch has been declared a public nuisance and that it shall be closed and filled unless the owners of such rights desire to keep the ditch open.   (2) Such notice shall include publication once each week for at least 8 successive weeks in an established newspaper published within the city or town if one exists or, in its absence, in the official county newspaper.   History: En. Sec. 4, Ch. 63, L. 1961; R.C.M. 1947, 11-4004.
MT Code § 7-31-4206 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4206. Procedure to maintain open ditch

  7-31-4206. Procedure to maintain open ditch. (1) If a person claims that the water has not been abandoned and claims the right to use water in a ditch that the city or town has declared a public nuisance, the person shall notify the city or town before the expiration of the 60-day period that the person wishes to continue the use of the water within the city or town and that the person, individually or with others, will provide protective devices as ordered by the city or town.   (2) If notice is given, the person or persons claiming the water right or rights has a period not to exceed 6 months to remove the public nuisance in the manner ordered by the city or town.   (3) If the city or town approves the work, it shall permit the water to flow into the city or town. If the protective device is not provided or if it does not meet specifications required by the city or town, the city or town may designate the ditch abandoned and order it closed or filled when the 6-month period ends.   History: En. Sec. 5, Ch. 63, L. 1961; R.C.M. 1947, 11-4005; amd. Sec. 674, Ch. 61, L. 2007.
MT Code § 7-31-4207 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 31. General Emergency and Protective Services|Part 42. Open Ditches|7-31-4207. Exemption for commercial irrigation ditches -- improvement districts for protection from open ditches

  7-31-4207. Exemption for commercial irrigation ditches -- improvement districts for protection from open ditches. (1) This part does not apply to ditches carrying water used for commercial irrigation purposes.   (2) However, whenever the public interest or convenience may require, a city or town is hereby authorized and empowered to create a special improvement district for the purpose of building, constructing, acquiring by purchase, and maintaining devices intended to protect the safety of the public from open ditches carrying water. Such devices or improvements shall provide access to and shall not be constructed so as to hinder the operation and maintenance of the ditch. The owner or owners of open ditches carrying irrigation or other water shall not be included in any special improvement district under this part for the purpose of assessment to support the special improvement district for the installation, repair, or maintenance of any protective devices.   History: En. Sec. 6, Ch. 63, L. 1961; amd. Sec. 4, Ch. 306, L. 1969; R.C.M. 1947, 11-4006.
MT Code § 7-32-101 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-101. Department of public safety authorized

  7-32-101. Department of public safety authorized. In counties having a taxable valuation of less than $30 million, on agreement of the legislative body of a city or town with the county commissioners of the county in which it is located, there may be established a department of public safety in lieu of a police department and a sheriff's office.   History: En. Sec. 1, Ch. 347, L. 1973; amd. Sec. 1, Ch. 146, L. 1975; R.C.M. 1947, 16-2726(part); amd. Sec. 21, Ch. 128, L. 2011.
MT Code § 7-32-102 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-102. Director of department of public safety

  7-32-102. Director of department of public safety. The director of the department of public safety is the sheriff, who may be elected or may be appointed by the public safety commission if the form of county government provides for an appointed sheriff. An appointed director shall receive a majority of the votes of the public safety commission members voting on the question of appointment.   History: En. Sec. 2, Ch. 347, L. 1973; amd. Sec. 6, Ch. 146, L. 1975; R.C.M. 1947, 16-2727; amd. Sec. 675, Ch. 61, L. 2007.
MT Code § 7-32-103 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-103. Structure of department of public safety -- duties -- restrictions on evaluations

  7-32-103. Structure of department of public safety -- duties -- restrictions on evaluations. (1) The director has the powers and shall perform the duties conferred on and required of sheriffs, police officers, and chiefs of police, except in cases involving the discharge or termination of employment of subordinate employees.   (2) Officers and patrol officers of the city or town police department and deputies of the county sheriff's office are subordinate to the director and have the power and shall perform the duties conferred on and required of police officers and patrol officers in cities and towns and of sheriff's deputies in counties, as required by state law and municipal ordinance.   (3) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating officers.   History: En. Sec. 3, Ch. 347, L. 1973; amd. Sec. 7, Ch. 146, L. 1975; R.C.M. 1947, 16-2728(part); amd. Sec. 1, Ch. 217, L. 1989; amd. Sec. 1, Ch. 244, L. 2007.
MT Code § 7-32-104 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-104. Salaries

  7-32-104. Salaries. The provisions of 7-4-2503 notwithstanding, the salaries of the director and employees of the department of public safety shall be established by the public safety commission and shall be paid by the city or town with the board of county commissioners. The salary of the director may not be less than that specified for the sheriff in 7-4-2503. The salaries of employees may not be less than the salaries specified in 7-4-2508 and 7-4-2510; however, employees are not required to be paid any fixed percentage of the director's or sheriff's salary.   History: En. Sec. 4, Ch. 347, L. 1973; amd. Sec. 11, Ch. 146, L. 1975; R.C.M. 1947, 16-2729; amd. Sec. 1, Ch. 256, L. 1985.
MT Code § 7-32-105 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-105. Officers' status for purpose of enforcing and executing court orders

  7-32-105. Officers' status for purpose of enforcing and executing court orders. For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as "sheriff of the city and county of ...." and each police officer, patrol officer, and deputy sheriff shall be known and designated as "deputy sheriff".   History: En. Sec. 5, Ch. 347, L. 1973; R.C.M. 1947, 16-2730; amd. Sec. 1, Ch. 217, L. 1989.
MT Code § 7-32-106 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-106. Meaning of terms employee and subordinate employee

  7-32-106. Meaning of terms employee and subordinate employee. "Employee" or "subordinate employee" means but is not limited to any officer or patrol officer of the city or town police department, any deputy of the county sheriff's office, or any person employed as a clerk, dispatcher, or secretary by the department of public safety or so employed by the city or town police department or the county sheriff's office prior to the establishment of the department of safety.   History: En. Sec. 3, Ch. 347, L. 1973; amd. Sec. 7, Ch. 146, L. 1975; R.C.M. 1947, 16-2728(1); amd. Sec. 1, Ch. 217, L. 1989.
MT Code § 7-32-107 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-107. Hearing required for discharge of subordinate employee

  7-32-107. Hearing required for discharge of subordinate employee. In all cases involving the discharge or the termination of employment of any subordinate employee by the director of the department of public safety, such employee is entitled to a full hearing as provided in this part, except that those employees covered under collective bargaining agreements as provided for in Title 39, chapter 31 shall be entitled to use any grievance procedure provided for within the collective bargaining agreement.   History: En. Sec. 3, Ch. 347, L. 1973; amd. Sec. 7, Ch. 146, L. 1975; R.C.M. 1947, 16-2728(2).
MT Code § 7-32-108 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-108. Hearing procedure for employee discharged by appointed director

  7-32-108. Hearing procedure for employee discharged by appointed director. (1) A director appointed by the public safety commission shall at the time of the discharge or termination of the employment of any subordinate employee provide the employee with a written statement, subscribed and sworn to by the director, setting forth the cause or causes for the discharge or termination of employment.   (2) Within 30 days from the date of discharge or termination of employment, the employee may make application to the public safety commission for a hearing before the commission on the charges resulting in the employee's discharge or termination of employment. The employee may be present at the hearing in person and may be represented by legal counsel. The commission shall keep a record of the proceedings, and the records are a matter of public record. For the purpose of keeping a record of the proceedings, the department of public safety shall provide the commission with a person qualified to keep a record of the proceedings. The person may be an employee of the department.   (3) The commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination of employment have been proven.   (4) The commission has the power, in all cases in which a majority of the commission members find the charges not proven, to reinstate any employee to the same position previously held and at the same salary received prior to discharge or termination of employment.   (5) In all cases in which a majority of the commission members find the charges proven, the employee may appeal the decision of the commission to the district court of the county in which the employee was employed. The appeal must be initiated within 60 days of the ruling of the commission.   History: En. 16-2728.1 by Sec. 8, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.1; amd. Sec. 676, Ch. 61, L. 2007.
MT Code § 7-32-109 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-109. Hearing procedure for employee discharged by elected director

  7-32-109. Hearing procedure for employee discharged by elected director. (1) A director who is elected shall at the time of the discharge or termination of employment of any subordinate employee be required to follow the procedures of notice required of an appointed director.   (2) Any employee discharged or terminated by an elected director is entitled to a hearing before the public safety commission in the manner provided in 7-32-108.   (3) The public safety commission shall, after the conclusion of the hearing, decide whether the charges resulting in the employee's discharge or termination have been proven.   (4) The commission may request that the elected director reinstate an employee in all cases wherein a majority of the commission members find the charges not proven. The director may deny such a request for reinstatement but shall provide the commission with a written statement, subscribed and sworn to by the director, setting forth the reason or reasons for the refusal to reinstate the discharged or terminated employee. Such written statement shall become a part of the records of the proceedings of the commission and shall be open to public scrutiny.   (5) In all cases wherein the commission finds the charges not proven but the elected director refuses to reinstate the discharged or terminated employee or cases wherein a majority of the commission members find the charges proven, the employee may appeal the decision in the manner provided in 7-32-108.   History: En. 16-2728.2 by Sec. 9, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.2.
MT Code § 7-32-110 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-110. Reinstatement of discharged employee who prevails in district court

  7-32-110. Reinstatement of discharged employee who prevails in district court. If an employee prevails in an appeal to the district court, the employee is entitled to be reinstated to the same position previously held and at the same salary received prior to discharge or termination by the director.   History: En. 16-2728.3 by Sec. 10, Ch. 146, L. 1975; R.C.M. 1947, 16-2728.3; amd. Sec. 677, Ch. 61, L. 2007.
MT Code § 7-32-111 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-111. through 7-32-114 reserved

  7-32-111 through 7-32-114 reserved.
MT Code § 7-32-115 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-115. Work period in lieu of workweek -- overtime compensation

  7-32-115. Work period in lieu of workweek -- overtime compensation. (1) (a) A department of public safety may establish a work period other than the workweek provided in 7-32-2111 or 39-3-405 for determining when an employee may be paid overtime.   (b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.   (2) The board of county commissioners may by resolution establish that any employee who works in excess of the employee's regularly scheduled work period will be compensated for the hours worked in excess of the work period at a rate to be determined by the board of county commissioners.   History: En. Sec. 2, Ch. 256, L. 1985; amd. Sec. 678, Ch. 61, L. 2007.
MT Code § 7-32-116 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-116. through 7-32-120 reserved

  7-32-116 through 7-32-120 reserved.
MT Code § 7-32-121 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-121. Public safety commission

  7-32-121. Public safety commission. (1) The department of public safety shall be under the supervision of a public safety commission.   (2) The commission shall consist of three, five, or seven members. Each member of the commission shall serve a 4-year term and shall be appointed as provided in 7-32-121 through 7-32-124.   (3) No commission member may be an official of any unit of local government.   History: (1), (2)En. Sec. 1, Ch. 347, L. 1973; amd. Sec. 1, Ch. 146, L. 1975; Sec. 16-2726, R.C.M. 1947; (3)En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; Sec. 69-2726.1, R.C.M. 1947; R.C.M. 1947, 16-2726(part), 16-2726.1(5).
MT Code § 7-32-122 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 32. Law Enforcement|Part 1. Department of Public Safety|7-32-122. Appointment to three-member public safety commission

  7-32-122. Appointment to three-member public safety commission. (1) Upon the creation of a three-member commission:   (a) one member must be appointed by the legislative body of the city or town;   (b) one member must be appointed by the board of county commissioners; and   (c) one member must be appointed by the members of the board of county commissioners and the members of the legislative body of the city or town, meeting in joint session.   (2) In order to be appointed, a candidate for appointment by the joint meeting must receive a majority of the votes of the members of the board of county commissioners and a majority of the votes of the members of the legislative body of the city or town voting on the question.   (3) Initially, one commission member shall serve a 4-year term and two commission members shall each serve a 2-year term. Each commission member shall draw a lot to determine the length of the member's term.   History: En. 69-2726.1 by Sec. 2, Ch. 146, L. 1975; R.C.M. 1947, 16-2726.1(1); amd. Sec. 679, Ch. 61, L. 2007.