reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4605. Employment of special or additional counsel

7-4-4605. Employment of special or additional counsel.
Nothing in this part shall be taken or construed as preventing the city council from employing in special cases on a contract basis:
(1) the city attorney to perform services not specifically provided for under 7-4-4604; or
(2) additional or other counsel.
History: En. Sec. 6, p. 64, Ex. L. 1887; amd. Sec. 9, p. 182, L. 1889; amd. Sec. 4787, Pol. C. 1895; re-en. Sec. 3256, Rev. C. 1907; re-en. Sec. 5038, R.C.M. 1921; Cal. Pol. C. Sec. 4391; re-en. Sec. 5038, R.C.M. 1935; R.C.M. 1947, 11-811(part); amd. Sec. 4, Ch. 428, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 46. Office of City Attorney › 7-4-4606. Legal services for city of third class

7-4-4606. Legal services for city of third class.
A third class city may retain the county attorney to provide legal services for the city in cases not involving a conflict between the interests of the city and the county, either by an interlocal cooperation agreement or by mutual consent by the governing bodies of the city and county.
History: En. Sec. 4741, Pol. C. 1895; re-en. Sec. 3217, Rev. C. 1907; re-en. Sec. 4996, R.C.M. 1921; re-en. Sec. 4996, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1975; R.C.M. 1947, 11-702(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 4. Officers and Employees › Part 47. Office of City Treasurer › 7-4-4701. Term of office for city treasurer

7-4-4701. Term of office for city treasurer.
In cities of the first, second, and third classes, a city treasurer shall hold office for a term of 4 years and until the qualification of a successor.
History: En. Sec. 4, p. 122, L. 1893; amd. Sec. 4748, Pol. C. 1895; re-en. Sec. 3224, Rev. C. 1907; re-en. Sec. 5003, R.C.M. 1921; amd. Sec. 1, Ch. 60, L. 1935; re-en. Sec. 5003, R.C.M. 1935; amd. Sec. 1, Ch. 193, L. 1971; amd. Sec. 1, Ch. 343, L. 1971; R.C.M. 1947, 11-709(part); amd. Sec. 459, Ch. 61, L. 2007.
2023 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 › 7-5-101. Definition

7-5-101. Definition.
As used in this part, "chief executive" means the elected executive in a government adopting the commission-manager form, the presiding officer in a government adopting the commission-presiding officer form, the town presiding officer in a government adopting the town meeting form, the commission acting as a body in a government adopting the commission form, or the officer or officers designated in the charter in a government adopting a charter.
History: En. 47A-3-101 by Sec. 13, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-101; amd. Sec. 460, Ch. 61, L. 2007.
2023 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 › 7-5-102. Construction of certain sections

7-5-102. Construction of certain sections.
Sections 7-5-103 through 7-5-107 merely provide a procedure for the adoption of ordinances and shall not be construed as granting authority to adopt ordinances.
History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(10).
2023 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 › 7-5-103. Ordinance requirements

7-5-103. Ordinance requirements.
(1) All ordinances must be submitted in writing in the form prescribed by resolution of the governing body.
(2) An ordinance passed may not:
(a) contain more than one comprehensive subject, which must be clearly expressed in its title, except ordinances for codification and revision of ordinances;
(b) compel a private business to deny a customer of the private business access to the premises or access to goods or services;
(c) deny a customer of a private business the ability to access goods or services provided by the private business; or
(d) include any of the following actions for noncompliance with a resolution or ordinance that includes actions described in subsections (2)(b) and (2)(c):
(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 in subsection (2)(c) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.
(4) The prohibitions provided in subsections (2)(b) through (2)(d) do not apply to:
(a) the adoption of an ordinance allowed in 75-7-411;
(b) the enforcement of zoning provisions as allowed in 76-2-113 and 76-2-210; or
(c) the enforcement of an ordinance pursuant to 76-2-308(2).
(5) An ordinance must be read and adopted by a majority vote of members present at two meetings of the governing body not less than 12 days apart. After the first adoption and reading, it must be posted and copies must be made available to the public.
(6) After passage and approval, all ordinances must be signed by the presiding officer of the governing body and filed with the official or employee designated by ordinance to keep the register of ordinances.
(7) 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 and that has an established physical location within the boundaries of the county or municipality. 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-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(1) thru (3), (5); amd. Sec. 461, Ch. 61, L. 2007; amd. Sec. 4, Ch. 408, L. 2021; amd. Sec. 1, Ch. 185, L. 2023.
2023 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 › 7-5-104. Emergency ordinance

7-5-104. Emergency ordinance.
In the event of an emergency, the governing body may waive the second reading. An ordinance passed in response to an emergency shall recite the facts giving rise to the emergency and requires a two-thirds vote of the whole governing body for passage. An emergency ordinance shall be effective on passage and approval and shall remain effective for no more than 90 days.
History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(4).
2023 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 › 7-5-105. Effective date of ordinance

7-5-105. Effective date of ordinance.
No ordinance other than an emergency ordinance shall be effective until 30 days after second and final adoption. The ordinance may provide for a delayed effective date or may provide for the ordinance to become effective upon the fulfillment of an indicated contingency.
History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(6).
2023 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 › 7-5-106. Ordinance veto procedure

7-5-106. Ordinance veto procedure.
If the plan of government allows the chief executive to veto an ordinance, this power must be exercised in writing prior to the next regularly scheduled meeting of the governing body. Whenever the chief executive vetoes an ordinance, the governing body must act at the next regularly scheduled meeting to either override or confirm the veto. Whenever the veto is overridden or the executive fails to act, the ordinance shall take effect.
History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(7).
2023 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 › 7-5-107. Register of ordinances and codification

7-5-107. Register of ordinances and codification.
(1) There shall be maintained a register of ordinances in which all ordinances are entered in full after passage and approval, except when a code is adopted by reference. When a code is adopted by reference, the date and source of the code shall be entered.
(2) (a) No later than 1980 and at 5-year intervals thereafter, appropriate ordinances shall be compiled into a uniform code and published.
(b) The recodification is not effective until approved by the governing body.
History: En. 47A-3-102 by Sec. 5, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-102(8), (9).
2023 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.
2023 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.
2023 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) The prohibitions provided for in subsection (2) do not apply to the enforcement of zoning provisions as allowed in 76-2-113 and 76-2-210.
(5) Resolutions may be submitted and adopted at a single meeting of the governing body.
(6) After passage and approval, all resolutions must be entered into the minutes and signed by the chairperson of the governing body.
(7) 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 and that has an established physical location within the boundaries of the county or municipality. 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; amd. Sec. 2, Ch. 185, L. 2023.
2023 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.
2023 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).
2023 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(4), 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.
2023 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) except as specifically provided in this part, be in the form prescribed in 13-27-236 and 13-27-238 for an initiative or 13-27-236 and 13-27-240 for a referendum; 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; amd. Sec. 19, Ch. 647, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2106. Control of conflict of interest

7-5-2106. Control of conflict of interest.
No member of the board must be directly or indirectly interested:
(1) in any property purchased for the use of the county;
(2) in any purchase or sale of property belonging to the county; or
(3) in any contract made by the board or other person on behalf of the county for the erection of public buildings, the opening or improvement of roads, the building of bridges, or the purchasing of supplies or for any other purpose.
History: En. Sec. 4292, Pol. C. 1895; re-en. Sec. 2951, Rev. C. 1907; re-en. Sec. 4606, R.C.M. 1921; Cal. Pol. C. Sec. 4077; re-en. Sec. 4606, R.C.M. 1935; R.C.M. 1947, 16-1804.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2107. Employment of personnel by county commissioners

7-5-2107. Employment of personnel by county commissioners.
The board of county commissioners may employ such persons as it deems necessary to assist the board in the performance of its duties. Each board may adopt a resolution defining the qualifications, duties, salary, and responsibilities of such persons. Such persons may be paid monthly, twice monthly, or every 2 weeks.
History: En. Sec. 1, Ch. 309, L. 1973; R.C.M. 1947, 16-913; amd. Sec. 2, Ch. 109, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2108. County work week

7-5-2108. County work week.
All full-time salaried county employees shall work a minimum of 40 hours per week.
History: En. Sec. 1134, Pol. C. 1895; re-en. Sec. 436, Rev. C. 1907; re-en. Sec. 453, R.C.M. 1921; Cal. Pol C. Sec. 1030; amd. Sec. 1, Ch. 5, L. 1931; re-en. Sec. 453, R.C.M. 1935; amd. Sec. 1, Ch. 22, L. 1951; amd. Sec. 1, Ch. 253, L. 1957; amd. Sec. 1, Ch. 2, L. 1961; amd. Sec. 1, Ch. 33, L. 1961; R.C.M. 1947, 59-510(2)(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2109. County control of litter

7-5-2109. County control of litter.
(1) (a) Except as provided in 7-5-2112, a governing body of a county may regulate, control, and prohibit littering on any county road and on land within the county by the adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107. The ordinance may apply to portions of the county and may apply to persons other than the owners of the property on which littering occurs.
(b) The ordinance does not apply to lead, copper, or brass deposits directly resulting from shooting activities at a shooting range.
(c) The ordinance does not apply to a "notice of violation" card placed on a motor vehicle illegally parked in an accessible parking space.
(2) Except as provided in 7-5-2112, the governing body of a county may establish a fine not to exceed $200 as a penalty for violation of the ordinance referred to in subsection (1). A violation of the ordinance may not be punishable by imprisonment.
History: En. Sec. 1, Ch. 508, L. 1983; amd. Sec. 6, Ch. 415, L. 1991; amd. Sec. 1, Ch. 406, L. 1993; amd. Sec. 2, Ch. 67, L. 1997; amd. Sec. 1, Ch. 390, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2110. Community decay defined

7-5-2110. Community decay defined.
(1) In 7-5-2111, "community decay" means a public nuisance created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property.
(2) "Community decay" as used in 7-5-2111 may not be construed or defined to apply to:
(a) normal farming, ranching, or other agricultural operations or to a farm, ranch, or other agricultural facility, and any appurtenances thereof, during the course of its normal operations; or
(b) normal activities at a shooting range.
History: En. Sec. 1, Ch. 411, L. 1985; amd. Sec. 7, Ch. 415, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2111. Control of community decay

7-5-2111. Control of community decay.
(1) The governing body of a county may regulate, control, and prohibit conditions that contribute to community decay on or adjacent to any public roadway within the county by adoption of an ordinance that substantially complies with the provisions of 7-5-103 through 7-5-107.
(2) An ordinance adopted under subsection (1) may include time limits for removal or shielding of such conditions as considered appropriate by the governing body.
(3) Nothing in this section restricts the governing body from enacting community decay controls affecting only portions of the county.
(4) Nothing in this section or 7-5-2110 may be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution that is more restrictive than the provisions of this section or 7-5-2110.
(5) For the purposes of enforcing an ordinance adopted under subsection (1), the county governing body may provide that, after giving due notice, in writing, of violation and upon the failure of the property owner to comply with the ordinance, officers and employees of the county may enter upon the property for the specific purpose of abating the violation of the ordinance and may assess the property owner for the actual costs for the abatement. Nonpayment of such an assessment becomes a lien upon the property and is enforceable in the same manner as the nonpayment of property taxes is enforced.
History: En. Sec. 2, Ch. 411, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2112. Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting

7-5-2112. Littering with lighted matches, cigarettes, and other burning material and dumping ashtray prohibited -- penalty -- posting.
(1) A person may not throw away lighted matches, tobacco, cigarettes, cigars, or other lighted material on a forest road, private road, city street, county road, public highway, or railroad right-of-way, except lighted materials used as safety signaling devices, in this state.
(2) A person may not empty an ashtray containing matches, ashes, cigarette or cigar refuse, or other related material on a forest road, private road, city street, county road, public highway, or railroad right-of-way in this state.
(3) A person convicted of violating subsection (1) or (2) shall be fined a minimum of $100.
(4) Municipalities, the forest service, county governments, property owners, public transit operators, federal highway administrators, and any other appropriate entity may, at their discretion, post copies of this section in conspicuous locations.
History: En. Sec. 1, Ch. 67, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2121. Administration of oaths

7-5-2121. Administration of oaths.
Any member of the board of county commissioners may administer oaths to any persons concerning any matter submitted to them or connected with their powers or duties.
History: En. Sec. 4214, Pol. C. 1895; re-en. Sec. 2885, Rev. C. 1907; re-en. Sec. 4456, R.C.M. 1921; Cal. Pol. C. Sec. 4028; re-en. Sec. 4456, R.C.M. 1935; R.C.M. 1947, 16-905(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2122. Meetings of board of county commissioners

7-5-2122. Meetings of board of county commissioners.
(1) The board of county commissioners of a county shall establish by resolution a regular meeting date and notify the public of that date.
(2) Except as provided in subsection (3) or in the event of an emergency situation under 2-3-112 affecting the public health, welfare, or safety, all meetings must be held on the date designated in subsection (1) and at the county seat of the board's county.
(3) The board may, by resolution and having provided at least 2 days' posted public notice in accordance with 7-1-2123, designate another meeting time or place.
(4) The presence of a quorum of members of the board at an event or meeting of another entity or organization or traveling in the same vehicle does not constitute a meeting of the board as long as no issues over which the commission has supervision, control, jurisdiction, or advisory power are discussed or heard. County business may only be conducted during a meeting as defined in 2-3-202 for which notice has been properly given.
(5) If a quorum of commissioners is present at an event or meeting or is traveling in the same vehicle when it was not possible to provide public notice under 7-1-2123 and issues over which the commission has supervision, control, jurisdiction, or advisory power are discussed or heard, the commissioners present shall provide a report at the commission's next regularly scheduled public meeting. The report must include the name of the event or meeting, the name of the persons involved, the date and location of the event or meeting, and a brief summary of the issues discussed or heard. If the commissioners' presence at the unnoticed meeting or event is reasonably expected to precipitate ensuing consideration of any issue by the board of county commissioners, details associated with the issue discussed or heard must also be included in the report.
History: En. Sec. 380, 5th Div. Rev. Stat. 1879; amd. Sec. 785, 5th Div. Comp. Stat. 1887; amd. Sec. 4220, Pol. C. 1895; re-en. Sec. 2891, Rev. C. 1907; amd. Sec. 1, Ch. 148, L. 1915; re-en. Sec. 4462, R.C.M. 1921; Cal. Pol. C. Sec. 4032; amd. Sec. 1, Ch. 35, L. 1929; re-en. Sec. 4462, R.C.M. 1935; amd. Sec. 1, Ch. 132, L. 1959; amd. Sec. 5, Ch. 391, L. 1973; amd. Sec. 1, Ch. 27, L. 1975; R.C.M. 1947, 16-910; amd. Sec. 1, Ch. 97, L. 2017.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2123. Publication of board proceedings and annual financial statement

7-5-2123. Publication of board proceedings and annual financial statement.
(1) (a) The board of county commissioners has jurisdiction and power, under the limitations and restrictions prescribed by law, to publish in a newspaper at the adjournment of each session of the board, in full and complete detail or in summary form or by reference, with the full and complete text made available on request, a complete list of all claims ordered paid for all purposes, showing the name, purpose, and amount, and a fair summary of the minutes and records of all of its proceedings.
(b) The board may publish the county clerk's annual statement of the financial condition of the county, in full and complete detail or in summary form. If the board does not publish the annual statement in complete detail or in summary form, it shall publish a notice that the annual statement is available and will be provided upon request from the county clerk.
(2) Publication in full, in summary, or by reference of the minutes and records of proceedings must be made within 21 days after the adjournment of the session. Publication of the financial statement or notice of the availability of the financial statement must be made within 30 days after the presentation of the financial statement to the board. The board may not allow or order paid any claim for any publication of minutes and records of proceedings or annual financial statement unless the publication is made within the time prescribed in this subsection.
History: En. Subd. 21, Sec. 1, Ch. 100, L. 1931; re-en. Sec. 4465.20, R.C.M. 1935; R.C.M. 1947, 16-1023; amd. Sec. 1, Ch. 193, L. 1985; amd. Sec. 1, Ch. 194, L. 1989; amd. Sec. 1, Ch. 299, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2124. Repealed

7-5-2124. Repealed.
Sec. 15, Ch. 311, L. 1979.
History: En. Sec. 4232, Pol. C. 1895; re-en. Sec. 2896, Rev. C. 1907; re-en. Sec. 4469, R.C.M. 1921; Cal. Pol. C. Sec. 4047; re-en. Sec. 4469, R.C.M. 1935; R.C.M. 1947, 16-1103(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2125. Open meetings

7-5-2125. Open meetings.
All meetings of the board of county commissioners must be public.
History: En. Sec. 4216, Pol. C. 1895; re-en. Sec. 2887, Rev. C. 1907; re-en. Sec. 4458, R.C.M 1921; Cal. Pol. C. Sec. 4035; re-en. Sec. 4458, R.C.M. 1935; R.C.M 1947, 16-906(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2126. Attendance at board meetings by sheriff

7-5-2126. Attendance at board meetings by sheriff.
The board of county commissioners has the power to direct the sheriff to attend, in person or by deputy, all the meetings of the board; to preserve order; and to serve notices or citations as directed by the board.
History: En. Sec. 4232, Pol. C. 1895; re-en. Sec. 2896, Rev. C. 1907; re-en. Sec. 4469, R.C.M. 1921; Cal. Pol. C. Sec. 4047; re-en. Sec. 4469, R.C.M. 1935; R.C.M. 1947, 16-1103(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2127. Subpoena power of county commissioners

7-5-2127. Subpoena power of county commissioners.
(1) The board may, by its presiding officer or the presiding officer of any committee, issue subpoenas to compel the attendance of any person and the production of any books or papers relating to the affairs of the county, for the purpose of examination upon any matter within its jurisdiction.
(2) When served, a witness is bound to attend and to answer all questions that the witness would be bound to answer before any court. Disobedience to the subpoena or to an order to attend or to testify may be enforced by the board, and for that purpose, the board has all the powers conferred by and the witness is subject to all the provisions of Title 26, chapter 2, parts 1 and 2; 26-2-303; and Rule 45(d), M.R.Civ.P.
History: (1)En. Sec. 4282, Pol. C. 1895; re-en. Sec. 2941, Rev. C. 1907; re-en. Sec. 4517, R.C.M. 1921, Cal. Pol. C. Sec. 4067; re-en. Sec. 4517, R.C.M. 1935; Sec. 16-1158, R.C.M. 1947; (2)En. Sec. 4283, Pol. C. 1895; re-en. Sec. 2942, Rev. C. 1907; re-en. Sec. 4518, R.C.M. 1921; Cal. Pol. C. Sec. 4068; re-en. Sec. 4518, R.C.M. 1935; Sec. 16-1159, R.C.M. 1947; R.C.M. 1947, 16-1158, 16-1159; amd. Sec. 463, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2128. Fees of officers and witnesses

7-5-2128. Fees of officers and witnesses.
Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public concern before the board of county commissioners are entitled to have their fees prepaid, but officers must serve the subpoenas and witnesses must attend without their fees being prepaid. The board must allow the witnesses reasonable compensation for their attendance, but in no case to exceed the amount for like services in courts.
History: En. Sec. 4284, Pol. C. 1895; re-en. Sec. 2943, Rev. C. 1907; re-en. Sec. 4519, R.C.M. 1921; Cal. Pol. C. Sec. 4069; re-en. Sec. 4519, R.C.M. 1935; R.C.M. 1947, 16-1160.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 5. General Operation and Conduct of Business › Part 21. Conduct of County Government › 7-5-2129. Minute book to be kept by board

7-5-2129. Minute book to be kept by board.
The board of county commissioners shall cause to be kept a "Minute Book" in which must be recorded all orders and decisions made by them and the daily proceedings had at all regular and special meetings.
History: En. Sec. 4219, Pol. C. 1895; re-en. Sec. 2890, Rev. C. 1907; re-en. Sec. 4461, R.C.M. 1921; Cal. Pol. C. Sec. 4031; re-en. Sec. 4461, R.C.M. 1935; R.C.M. 1947, 16-909; amd. Sec. 13, Ch. 291, L. 2009.