reglab/housing_qa huggingface dataset:
MT Code § 7-5-108 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-108. Adoption and amendment of codes by reference

  7-5-108. Adoption and amendment of codes by reference. (1) Any local government may adopt or repeal an ordinance which incorporates by reference the provisions of any code or portions of any code or any amendment thereof, properly identified as to date and source, without setting forth the provisions of the code in full. Notice of the intent to adopt a code by reference shall be published after first reading and prior to final adoption of the code. At least one copy of the code, portion, or amendment which is incorporated or adopted by reference shall be filed in the office of the clerk of the governing body and kept there, available for public use, inspection, and examination. The filing requirements prescribed in this section shall not be considered to be complied with unless the required copies of the codes, portion, amendment, or public record are filed with the clerk of the governing body for a period of 30 days prior to final adoption of the ordinance which incorporates the code, portion, or amendment by reference.   (2) The governing body may adopt or amend a code by reference by an emergency ordinance and without notice. The emergency ordinance is automatically repealed 90 days following its adoption and cannot be reenacted as an emergency ordinance.   (3) The process for repealing an ordinance which adopted or amended a code by reference shall be the same as for repealing any other ordinance.   (4) The filing requirement of subsection (1) shall be complied with in adopting amendments to codes.   (5) Any ordinance adopting a code, portion, or amendment by reference shall state the penalty for violating the code, portion, or amendment or any provision thereof separately, and no part of any penalty shall be incorporated by reference.   (6) For purposes of this section, "code" means any published compilation of rules which has been prepared by various technical trade associations, model code organizations, federal agencies, or this state or any agency thereof and shall include specifically but shall not be limited to: traffic codes, building codes, plumbing codes, electrical wiring codes, health or sanitation codes, fire prevention codes, and inflammable liquids codes, together with any other code which embraces rules pertinent to a subject which is a proper local government legislative matter.   History: En. 47A-3-103 by Sec. 6, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-103.
MT Code § 7-5-109 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-109. Penalty for violation of ordinance

  7-5-109. Penalty for violation of ordinance. (1) Except as provided in 7-5-4209 and subsection (2) of this section, a local government may fix penalties for the violation of an ordinance that do not exceed a fine of $500 or 6 months' imprisonment or both the fine and imprisonment.   (2) A local government may fix penalties for the violation of an ordinance relating to local or federal wastewater pretreatment standards implementing the Federal Water Pollution Control Act, 33 U.S.C. 1251 through 1387, if the penalties do not exceed $1,000 per day for each violation or 6 months' imprisonment, or both.   History: En. 47A-3-104 by Sec. 7, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-104; amd. Sec. 1, Ch. 597, L. 1993; amd. Sec. 2, Ch. 415, L. 2013.
MT Code § 7-5-110 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-110. through 7-5-120 reserved

  7-5-110 through 7-5-120 reserved.
MT Code § 7-5-121 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-121. Resolution requirements

  7-5-121. Resolution requirements. (1) All resolutions must be submitted in the form prescribed by resolution of the governing body.  (2) Resolutions may not:   (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services;   (b) deny a customer of a private business the ability to access goods or services provided by the private business; or   (c) include any of the following actions for noncompliance with a resolution or ordinance that includes actions described in subsections (2)(a) and (2)(b):   (i) allow for the assessment of a fee or fine;   (ii) require the revocation of a license required for the operation of a private business;   (iii) find a private business owner guilty of a misdemeanor; or   (iv) bring any other retributive action against a private business owner, including but not limited to criminal charges.   (3) The prohibition provided for in subsection (2)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.   (4) Resolutions may be submitted and adopted at a single meeting of the governing body.   (5) After passage and approval, all resolutions must be entered into the minutes and signed by the chairperson of the governing body.   (6) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.   History: En. 47A-3-105 by Sec. 8, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-105(1), (2), (4); amd. Sec. 5, Ch. 408, L. 2021.
MT Code § 7-5-122 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-122. Resolution veto procedure

  7-5-122. Resolution veto procedure. If the plan of government allows the chief executive to veto resolutions, this power must be exercised in writing at the next regular meeting. If the chief executive fails to act, the resolution is approved. If the chief executive vetoes a resolution, the governing body must act at the same meeting or its next regularly scheduled meeting to either override or confirm the veto.   History: En. 47A-3-105 by Sec. 8, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-105(3); amd. Sec. 1, Ch. 311, L. 1979.
MT Code § 7-5-123 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-123. Effective date of resolutions

  7-5-123. Effective date of resolutions. All resolutions shall be immediately effective unless a delayed effective date is specified.   History: En. 47A-3-105 by Sec. 8, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-105(5).
MT Code § 7-5-124 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-124. through 7-5-130 reserved

  7-5-124 through 7-5-130 reserved.
MT Code § 7-5-131 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-131. Right of initiative and referendum

  7-5-131. Right of initiative and referendum. (1) Except as provided in subsection (2), the powers of initiative and referendum are reserved to the electors of each local government. Resolutions and ordinances within the legislative jurisdiction and power of the governing body of the local government may be proposed or amended and prior resolutions and ordinances may be repealed in the manner provided in 7-5-132 through 7-5-135 and 7-5-137.  (2) The powers of initiative do not extend to the following:   (a) the annual budget;   (b) bond proceedings, except for ordinances authorizing bonds;   (c) the establishment and collection of charges pledged for the payment of principal and interest on bonds;   (d) the levy of special assessments pledged for the payment of principal and interest on bonds;   (e) the prioritization of the enforcement of any state law by a unit of local government; or   (f) the regulation of auxiliary containers, defined in 7-1-121(5), as prohibited by 7-1-121(2).   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(1), (2); amd. Sec. 1, Ch. 161, L. 2011; amd. Sec. 76, Ch. 49, L. 2015; amd. Sec. 3, Ch. 220, L. 2021.
MT Code § 7-5-132 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-132. Procedure for initiative or referendum election

  7-5-132. Procedure for initiative or referendum election. (1) The electors of a local government may, by petition, request an election on whether to enact, repeal, or amend an ordinance. The form of the petition must be approved by the county election administrator. A petition signed by at least 15% of the local government's qualified electors is sufficient to require an election.   (2) (a) If an approved petition containing sufficient signatures is filed prior to the ordinance's effective date or within 60 days after the passage of the ordinance, whichever is later, a petition requesting an election on whether to amend or repeal the ordinance delays the ordinance's effective date until the ordinance is ratified by the electors.   (b) If an approved petition containing sufficient signatures is filed within 60 days after the effective date of an emergency ordinance, the emergency ordinance is suspended until it is ratified by the electors.   (3) The governing body may refer an existing or proposed ordinance to a vote of the people by resolution.   (4) A petition or resolution for an election must:   (a) embrace only a single comprehensive subject;   (b) set out fully the ordinance sought, the ordinance to be amended and the proposed amendment, or the ordinance to be repealed;   (c) be in the form prescribed in Title 13, chapter 27, except as specifically provided in this part; and   (d) contain transition provisions if the measure changes terms of office or forms of government.   (5) An election held pursuant to this section must be conducted in conjunction with the next local government election held in accordance with Title 13, chapter 1, part 4, except that if the petition asks for a special election, specifies an election date that complies with 13-1-405, and is signed by at least 25% of the qualified electors, a special election must be held on the date specified in the petition.   (6) If a majority of those voting on the question approve the proposal, it becomes effective when the election results are officially declared, unless otherwise stated in the proposal.   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(3) thru (5); amd. Sec. 299, Ch. 571, L. 1979; amd. Sec. 2, Ch. 359, L. 1991; amd. Sec. 1, Ch. 374, L. 2001; amd. Sec. 77, Ch. 49, L. 2015; amd. Sec. 3, Ch. 242, L. 2017.
MT Code § 7-5-133 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-133. Processing of petition

  7-5-133. Processing of petition. (1) The governing body may, within 60 days of receiving the petition, take the action called for in the petition. If the action is taken, the question need not be submitted to the electors.   (2) If the governing body does not within 60 days take the proposed action, then the question must be submitted to the electors at the next regular or primary election.   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(part); amd. Sec. 24, Ch. 387, L. 1995.
MT Code § 7-5-135 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-135. Suit to determine validity and constitutionality of petition and proposed action

  7-5-135. Suit to determine validity and constitutionality of petition and proposed action. (1) The governing body may direct that a suit be brought in district court by the local government to determine whether the proposed action would be valid and constitutional. The suit must be initiated within 14 days of the date a petition has been approved as to form under 7-5-134.   (2) An action brought under this section takes precedence over other cases and matters in the district court. The court shall as soon as possible render a decision as to whether the proposed action would be valid and constitutional.   (3) If the defendant prevails, the defendant is entitled to be reimbursed by the local government for costs and reasonable attorney's fees incurred.   (4) The 90-day period during which petition signatures must be collected under 7-5-134 begins on the date of the court order resolving the suit.   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(part); amd. Sec. 1, Ch. 567, L. 1985; amd. Sec. 462, Ch. 61, L. 2007.
MT Code § 7-5-136 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-136. Repealed

  7-5-136. Repealed. Sec. 262, Ch. 49, L. 2015.   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(7); amd. Sec. 300, Ch. 571, L. 1979; amd. Sec. 16, Ch. 250, L. 1985; amd. Sec. 25, Ch. 387, L. 1995.
MT Code § 7-5-137 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-137. Effect of repeal or enactment of ordinance by initiative or referendum

  7-5-137. Effect of repeal or enactment of ordinance by initiative or referendum. If an ordinance is repealed or enacted pursuant to a proposal initiated by the electors of a local government, the governing body may not for 2 years reenact or repeal the ordinance. If during the 2-year period the governing body enacts an ordinance similar to the one repealed pursuant to a referendum of the electors, a suit may be brought to determine whether the new ordinance is a reenactment without material change of the repealed ordinance. This section shall not prevent exercise of the initiative at any time to procure a reenactment of an ordinance repealed pursuant to referendum of the electors.   History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(6)(d).
MT Code § 7-5-138 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-138. Sanctuary jurisdiction prohibited

  7-5-138. Sanctuary jurisdiction prohibited. A local government as defined in 2-1-601 may not enact, adopt, implement, enforce, or refer to the electorate a policy described in 2-1-602.  History: En. Sec. 6, Ch. 101, L. 2021.
MT Code § 7-5-139 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-139. reserved

  7-5-139 reserved.
MT Code § 7-5-140 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums|7-5-140. Recordkeeping

  7-5-140. Recordkeeping. A city, town, or county that has the authority to require a private entity to keep records may prescribe the form and content of the records but may not prescribe the method of keeping the required records.   History: En. Sec. 16, Ch. 459, L. 1997.
MT Code § 7-5-201 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 2. Operation of Consolidated Units of Local Government|7-5-201. Operation of self-government consolidated units of local government

  7-5-201. Operation of self-government consolidated units of local government. (1) Except as provided in 7-3-1105(2) and 7-3-1222(6), whenever existing law contains different provisions and procedures for the functioning of counties and municipalities, including but not limited to such areas as election procedures, issuance of bonds, adoption of budgets, creation of special districts, levying of taxes, and provision of services, the governing body of a self-government consolidated unit of local government which contains at least one county and one municipality shall by ordinance adopt either the county or municipality provisions. The ordinance may provide for necessary changes in the statutes to accommodate the structure of the consolidated unit. This subsection applies to self-government consolidated units only in those areas where the units are subject to state law under 7-1-111 through 7-1-114.   (2) A combination of county and municipal offices in a self-government consolidated unit may be accomplished by ordinance whenever a combination is necessary for carrying out a duty assigned by state law to the local government. Whenever state law imposes a duty upon a specific official or employee of a self-government consolidated unit of local government and the local government under its adopted alternative form of government does not have that official or employee, the governing body may by ordinance assign that duty to the appropriate official or employee of the local government. The governing body of any self-government consolidated unit of local government may by ordinance assign responsibility to carry out any function or provide any service required by state law to one or more departments, officers, or employees of the local government notwithstanding the fact that the state law may assign the function or service to a specific office.   History: En. 47A-3-108 by Sec. 11, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-108; amd. Sec. 5, Ch. 466, L. 2003.
MT Code § 7-5-301 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 3. Local Government Elections (Repealed)|7-5-301. Repealed

  7-5-301. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. 47A-3-301 by Sec. 1, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-301.
MT Code § 7-5-302 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 3. Local Government Elections (Repealed)|7-5-302. Repealed

  7-5-302. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. 47A-3-302 by Sec. 2, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-302; amd. Sec. 1, Ch. 359, L. 1979.
MT Code § 7-5-303 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 3. Local Government Elections (Repealed)|7-5-303. Repealed

  7-5-303. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. 47A-3-303 by Sec. 3, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-303.
MT Code § 7-5-304 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 3. Local Government Elections (Repealed)|7-5-304. through 7-5-310 reserved

  7-5-304 through 7-5-310 reserved.
MT Code § 7-5-311 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 3. Local Government Elections (Repealed)|7-5-311. Repealed

  7-5-311. Repealed. Sec. 407, Ch. 571, L. 1979.   History: En. Sec. 11, Ch. 368, L. 1969; R.C.M. 1947, 23-2801.
MT Code § 7-5-2101 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 21. Conduct of County Government|7-5-2101. General authority of county commissioners

  7-5-2101. General authority of county commissioners. (1) The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provision is made by law.   (2) The board has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to perform all other acts and things required by law not enumerated in this title or which may be necessary to the full discharge of the duties of the chief executive authority of the county government.   History: (1)En. Subd. 22, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.21, R.C.M. 1935; amd. Sec. 1, Ch. 144, L. 1949; Sec. 16-1024, R.C.M. 1947; (2)En. Subd. 25, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.24, R.C.M. 1935; Sec. 16-1027, R.C.M. 1947; R.C.M. 1947, 16-1024(part), 16-1027.
MT Code § 7-5-2102 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 21. Conduct of County Government|7-5-2102. Promulgation and enforcement of rules

  7-5-2102. Promulgation and enforcement of rules. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to make and enforce such rules for its government, the preservation of order, and the transaction of business as may be necessary.   History: En. Subd. 23, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.22, R.C.M. 1935; R.C.M. 1947, 16-1025.
MT Code § 7-5-2103 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 21. Conduct of County Government|7-5-2103. Division of county into districts

  7-5-2103. Division of county into districts. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to divide the counties into township, school, road, and other districts required by law; change the same; and create others as convenience requires by consolidation of two or more townships or otherwise.   History: En. Subd. 2, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.1, R.C.M. 1935; amd. Sec. 1, Ch. 72, L. 1951; R.C.M. 1947, 16-1002(part).
MT Code § 7-5-2104 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 21. Conduct of County Government|7-5-2104. Direction of lawsuits

  7-5-2104. Direction of lawsuits. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to direct and control the prosecution and defense of all suits to which the county is a party.   History: En. Subd. 15, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.14, R.C.M. 1935; R.C.M. 1947, 16-1017.
MT Code § 7-5-2105 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 5. General Operation and Conduct of Business|Part 21. Conduct of County Government|7-5-2105. Authority to contract for printing and supplies

  7-5-2105. Authority to contract for printing and supplies. The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to contract for the county printing and to provide books and stationery for county officers.   History: En. Subd. 20, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.19, R.C.M. 1935; R.C.M. 1947, 16-1022.