reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 23. Domestic Animal Control and Protection › Part 41. Municipal Control and Protection of Domestic Animals › 7-23-4103. Relation of municipal dog license tags to other laws

7-23-4103. Relation of municipal dog license tags to other laws.
Any dog license tag issued annually by any municipal corporation pursuant to an ordinance which substantially complies with parts 1 and 21 and which provides for the wearing of the license tag upon the collar of the dog and the keeping of a record which will establish the identity of the person who owns, keeps, or harbors the dog constitutes compliance with the licensing provisions of parts 1 and 21.
History: En. Sec. 4, Ch. 280, L. 1959; R.C.M. 1947, 16-4604.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 23. Domestic Animal Control and Protection › Part 41. Municipal Control and Protection of Domestic Animals › 7-23-4104. Cruelty to animals

7-23-4104. Cruelty to animals.
The city or town council has power to prohibit and punish cruelty to animals.
History: En. Subd. 32, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.31, R.C.M. 1935; R.C.M. 1947, 11-934.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 23. Domestic Animal Control and Protection › Part 42. Required Spaying or Neutering of Cat or Dog › 7-23-4201. Sale or adoption of cat or dog -- information required

7-23-4201. Sale or adoption of cat or dog -- information required.
(1) The following information must be provided by any pet shop operator, humane society, or publicly operated animal shelter or pound that makes a cat or dog available for sale or adoption:
(a) age, sex, and weight of the animal;
(b) breed of the animal;
(c) a record of vaccinations and veterinary care and treatment the animal has received, including, if available, the manufacturer's name and the serial number of the vaccination used; and
(d) a record of surgical sterilization of the animal or notice of the lack of surgical sterilization, as applicable.
(2) The following information must be retained for a period of 2 years and remains confidential unless requested pursuant to an enforcement action or legal proceeding:
(a) if known, the name and address of the breeder of the animal;
(b) if known, the name and address of any person who owned or harbored the animal between its birth and the time of sale or adoption; and
(c) a copy of the import permit and health certificate pertaining to an animal imported from outside Montana.
History: En. Sec. 1, Ch. 426, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 23. Domestic Animal Control and Protection › Part 42. Required Spaying or Neutering of Cat or Dog › 7-23-4202. Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions

7-23-4202. Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions.
(1) Except as provided in subsections (6) and (7), a humane society or publicly operated animal shelter or pound may not offer for adoption, sale, or trade any cat or dog that has not been redeemed by the owner unless:
(a) the animal has been spayed or neutered; or
(b) the person to whom the animal is released agrees in writing to have the animal spayed or neutered and a deposit for spaying or neutering the animal has been paid. The deposit must be in an amount determined by the humane society or publicly operated animal shelter or pound to be comparable to the lowest fee for spaying or neutering that is charged by veterinarians in the locale.
(2) Upon payment of the deposit required in subsection (1), the person who is adopting the animal must receive a certificate for spaying or neutering, to be presented to a licensed veterinarian, who shall complete the certificate when the spaying or neutering is done. Upon receipt of the completed certificate verifying that the animal has been spayed or neutered, the humane society or publicly operated animal shelter or pound shall forward the deposit to the veterinarian who performed the procedure.
(3) The deposit must be forfeited if the spaying or neutering is not done:
(a) within 30 days if the cat or dog is more than 6 months old at the time of adoption; or
(b) by the time the animal reaches the age of 6 months if the animal is less than 6 months old at the time of adoption, or within 30 days of the adoption, whichever is longer.
(4) A deposit forfeited pursuant to subsection (3) may be used only for the following purposes:
(a) a public education program designed to prevent the overpopulation of cats and dogs;
(b) a program to spay or neuter cats and dogs; and
(c) costs incurred in the enforcement of this section, including a followup program to ensure that animals adopted from or sold or traded by the humane society or publicly operated animal shelter or pound are spayed or neutered.
(5) Failure to fulfill the terms of an agreement entered into pursuant to subsection (1)(b) may, at the discretion of the county attorney, result in the filing of a misdemeanor charge punishable by a fine of not more than $500.
(6) The provisions of this section do not apply to an animal for which a licensed veterinarian verifies in writing that spaying or neutering would be injurious to the animal's health.
(7) The provisions of this section do not apply when a humane society or publicly operated animal shelter or pound, at its discretion, chooses to accept an adoption fee of not less than $50 from a person who wishes to adopt an animal for breeding purposes.
History: En. Sec. 2, Ch. 426, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 23. Domestic Animal Control and Protection › Part 42. Required Spaying or Neutering of Cat or Dog › 7-23-4203. Additional spaying or neutering requirements not precluded -- cooperative agreements

7-23-4203. Additional spaying or neutering requirements not precluded -- cooperative agreements.
(1) Humane societies and publicly operated animal shelters and pounds may enter into cooperative agreements with each other and with licensed veterinarians in carrying out the provisions of 7-23-4202.
(2) Section 7-23-4202 does not preclude humane societies and publicly operated animal shelters and pounds from engaging in activities set forth in their charters as long as the activities are not inconsistent with 7-23-4202.
(3) Humane societies and publicly operated animal shelters and pounds may establish spaying and neutering requirements in addition to the requirements set out in 7-23-4202, such as:
(a) shorter timeframes for compliance with spaying and neutering requirements;
(b) arranging an appointment for spaying or neutering with a licensed veterinarian; and
(c) delivering the animal to a licensed veterinarian for surgery prior to releasing the animal to the adopting person.
History: En. Sec. 3, Ch. 426, L. 1997.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-101. Authorization for smoke abatement program

7-31-101. Authorization for smoke abatement program.
It shall be lawful for any county or incorporated city or town in any county in this state where injurious and unhealthy smoke and fumes exist to make contracts for the abatement thereof and to issue and dispose of bonds for that purpose, subject to the limitations and conditions provided in this part.
History: En. Sec. 1, p. 142, L. 1893; re-en. Sec. 4831, Pol. C. 1895; re-en. Sec. 3430, Rev. C. 1907; re-en. Sec. 5289, R.C.M. 1921; re-en. Sec. 5289, R.C.M. 1935; R.C.M. 1947, 11-2501.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-102. Petition for smoke abatement program

7-31-102. Petition for smoke abatement program.
Wherever a petition is presented to the board of county commissioners of any county or to the council of any incorporated city or town, signed by at least 100 of the resident taxpayers of such county or incorporated city or town, requesting that a contract be made and vote taken under this part, it shall be the duty of the board of county commissioners of such county or the council of such incorporated city or town, as the case may be, to enter into and make a contract for the abatement of such injurious and unhealthy smoke or fumes or for conducting or carrying the same away, so as to remove or lessen the injurious and unhealthy results thereof as effectually as the same can be done.
History: En. Sec. 2, p. 142, L. 1893; re-en. Sec. 4832, Pol. C. 1895; re-en. Sec. 3431, Rev. C. 1907; re-en. Sec. 5290, R.C.M. 1921; re-en. Sec. 5290, R.C.M. 1935; R.C.M. 1947, 11-2502(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-103. Contract for smoke abatement

7-31-103. Contract for smoke abatement.
(1) The smoke abatement contract shall:
(a) be entered into and made with such person or persons or corporation or corporations and contain such provisions and conditions as will, in the opinion of the board of county commissioners or the council of said incorporated town or city, as the case may be, best accomplish the purpose aforesaid; and
(b) take effect and be in force as provided in this part.
(2) Whenever a contract shall have been entered into as aforesaid, it shall be reduced to writing and executed by the parties in due form of law and three copies thereof deposited with the clerk of the board of county commissioners or clerk of the council, as the case may be, for public inspection and examination.
History: (1)En. Sec. 2, p. 142, L. 1893; re-en. Sec. 4832, Pol. C. 1895; re-en. Sec. 3431, Rev. C. 1907; re-en. Sec. 5290, R.C.M. 1921; re-en. Sec. 5290, R.C.M. 1935; Sec. 11-2502, R.C.M. 1947; (2)En. Sec. 3, p. 143, L. 1893; re-en. Sec. 4833, Pol. C. 1895; re-en. Sec. 3432, Rev. C. 1907; re-en. Sec. 5291, R.C.M. 1921; re-en. Sec. 5291, R.C.M. 1935; Sec. 11-5203, R.C.M. 1947; R.C.M. 1947, 11-2502(part), 11-2503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-104. Contractor's bond

7-31-104. Contractor's bond.
The person or persons or corporation or corporations with whom said contract shall have been made shall execute their or its bond or bonds, with sufficient sureties, to such board of county commissioners or city or town, conditioned for the full and faithful performance of all the terms and conditions on their part. The terms, conditions, and penalty of the surety bond shall be approved by the contracting board or council. The surety bond or bonds shall be in full force and effect upon the ratification of the contract as provided in this part, the condition of which shall be expressed in the contract.
History: En. Sec. 3, p. 143, L. 1893; re-en. Sec. 4833, Pol. C. 1895; re-en. Sec. 3432, Rev. C. 1907; re-en. Sec. 5291, R.C.M. 1921; re-en. Sec. 5219, R.C.M. 1935; R.C.M. 1947, 11-2503(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-105. Modification of contract

7-31-105. Modification of contract.
In the event it shall be found expedient and proper in executing said contract to modify or change the same in some of the minute details thereof and such modifications or changes shall be agreed upon by the parties thereto, the same may be made with the approval of the judge or judges of the district forming such county or the judge or judges of the district in which such county or incorporated city or town is included and, when so approved, shall have the same force and effect as if originally contained therein.
History: En. Sec. 10, p. 146, L. 1893; re-en. Sec. 4840, Pol. C. 1895; re-en. Sec. 3439, Rev. C. 1907; re-en. Sec. 5298, R.C.M. 1921; re-en. Sec. 5298, R.C.M. 1935; R.C.M. 1947, 11-2510.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-106. Authorization for county to issue bonds -- election required

7-31-106. Authorization for county to issue bonds -- election required.
(1) If the petition is presented to the board of county commissioners, the board shall, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition:
(a) ascertain, within 30 days after submission of the petition, the existing indebtedness of the county in the aggregate; and
(b) submit, after ascertaining the aggregate indebtedness, to the electors of the county the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.
(2) The amount of the bonds authorized by this section may not exceed the debt limitation established in 7-7-2203 prior to the issuance of the bonds.
History: En. Sec. 4, p. 143, L. 1893; re-en. Sec. 4834, Pol. C. 1895; re-en. Sec. 3433, Rev. C. 1907; re-en. Sec. 5292, R.C.M. 1921; re-en. Sec. 5292, R.C.M. 1935; R.C.M. 1947, 11-2504(part); amd. Sec. 56, Ch. 614, L. 1981; amd. Sec. 58, Ch. 387, L. 1995; amd. Sec. 22, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-107. Authorization for municipality to issue bonds -- election required

7-31-107. Authorization for municipality to issue bonds -- election required.
(1) If the petition is presented to the council of any incorporated city or town, the council, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition, shall:
(a) ascertain, within 30 days after submission of the petition, the aggregate indebtedness of the city or town; and
(b) submit, after ascertaining the aggregate indebtedness, to the electors of the city or town the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.
(2) The amount of the bonds authorized by this section may not exceed 0.9% of the total assessed value of taxable property, determined as provided in 15-8-111, within the city or town, inclusive of the existing indebtedness of the city or town, as ascertained in the manner provided in this part.
History: En. Sec. 4, p. 143, L. 1893; re-en. Sec. 4834, Pol. C. 1895; re-en. Sec. 3433, Rev. C. 1907; re-en. Sec. 5292, R.C.M. 1921; re-en. Sec. 5292, R.C.M. 1935; R.C.M. 1947, 11-2504(part); amd. Sec. 57, Ch. 614, L. 1981; amd. Sec. 59, Ch. 387, L. 1995; amd. Sec. 23, Ch. 29, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-108. Notice of election

7-31-108. Notice of election.
(1) The board of county commissioners of the county in which such election is to be held or the council of the incorporated city or town, as the case may be, shall give notice of such election, stating:
(a) the objects thereof;
(b) the time and place of holding the same;
(c) such conditions of the contract as in their judgment are proper and necessary to enable the electors to vote intelligently upon the proposition submitted to them;
(d) the amount of bonds proposed to be issued, when payable, and the interest they are to bear; and
(e) a description of the tickets or ballots to be used.
(2) The notice shall be given at least three times a week for at least 6 consecutive weeks next preceding such election in some newspaper printed and published and circulated in the county, city, or town, as the case may be, in which such election shall be held and if no newspaper be printed, published, and circulated therein, then in some newspaper printed and published in some county nearest thereto.
History: En. Sec. 6, p. 144, L. 1893; re-en. Sec. 4836, Pol. C. 1895; re-en. Sec. 3435, Rev. C. 1907; re-en. Sec. 5294, R.C.M. 1921; re-en. Sec. 5294, R.C.M. 1935; R.C.M. 1947, 11-2506.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-109. Conduct of election

7-31-109. Conduct of election.
(1) The vote upon a proposition under this part must be at an election for that purpose to be held, conducted, and counted and with results ascertained and determined in the manner and by the same officers provided by law for general elections, except as otherwise provided in this section. The election must be held in conjunction with a regular or primary election.
(2) The proposition must be submitted upon printed tickets or ballots, upon each of which is printed the following: "For the contract and bonds" and "Against the contract and bonds". The elector shall vote by a cross opposite one statement.
(3) No registration under the election laws of this state is required for the purposes of the election, and the registration from the last election governs and controls for the purpose of the election to be held under this part.
History: (1), (2)En. Sec. 5, p. 144, L. 1893; re-en. Sec. 4835, Pol. C. 1895; re-en. Sec. 3434, Rev. C. 1907; re-en. Sec. 5293, R.C.M. 1921; re-en. Sec. 5293, R.C.M. 1935; Sec. 11-2505, R.C.M. 1947; (3)En. Sec. 11, p. 146, L. 1893; re-en. Sec. 4841, Pol. C. 1895; re-en. Sec. 3440, Rev. C. 1907; re-en. Sec. 5299, R.C.M. 1921; re-en. Sec. 5299, R.C.M. 1935; Sec. 11-2511, R.C.M. 1947; R.C.M. 1947, 11-2505(part), 11-2511; amd. Sec. 60, Ch. 387, L. 1995.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-110. Effect of election

7-31-110. Effect of election.
(1) If a majority of the votes cast were for the contract and bonds, then the contract is in full force and effect and the bonds shall be issued and disposed of in the manner provided in this part.
(2) If there was a tie vote or a majority of the votes were cast against the contract and bonds, then the contract and surety bond given for its fulfillment are void and the bonds shall not be issued.
History: En. Sec. 5, p. 144, L. 1893; re-en. Sec. 4835, Pol. C. 1895; re-en. Sec. 3434, Rev. C. 1907; re-en. Sec. 5293, R.C.M. 1921; re-en. Sec. 5293, R.C.M. 1935; R.C.M. 1947, 11-2505(part); amd. Sec. 1, Ch. 263, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-111. Cost of election in case of voter disapproval

7-31-111. Cost of election in case of voter disapproval.
If the proposition submitted to the voters pursuant to 7-31-106 or 7-31-107 is disapproved, the expenses of such election shall be paid out of the general fund of such county, city, or town, as the case may be.
History: En. Sec. 4, p. 143, L. 1893; re-en. Sec. 4834, Pol. C. 1895; re-en. Sec. 3433, Rev. C. 1907; re-en. Sec. 5292, R.C.M. 1921; re-en. Sec. 5292, R.C.M. 1935; R.C.M. 1947, 11-2504(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-112. Details relating to bonds

7-31-112. Details relating to bonds.
(1) The bonds issued upon the conditions and under the provisions of this part must:
(a) bear the date of their issuance;
(b) be designated as sanitary coupon bonds of the county, city, or town issuing the bonds;
(c) be of a denomination not less than $500 or more than $1,000 each;
(d) be payable at a place in the discretion of the board or council issuing the bonds;
(e) bear interest as provided in 17-5-102, payable 30 years after the date of issuance, with the privilege of paying the interest at any time after 5 years from that date. The interest is payable semiannually at the place where the principal is payable, and interest coupons must be attached to the bonds.
(2) If the bonds and coupons are issued by a county, they must be signed by the presiding officer of the board of county commissioners of that county and attested to by the county clerk and recorder and the clerk's seal must be attached to the bonds and coupons. If the bonds and coupons are issued by any incorporated city or town, they must be signed by the mayor and attested to by the city or town clerk and the clerk's seal must be attached to the bonds and coupons.
History: En. Sec. 7, p. 145, L. 1893; re-en. Sec. 4837, Pol. C. 1895; re-en. Sec. 3436, Rev. C. 1907; re-en. Sec. 5295, R.C.M. 1921; re-en. Sec. 5295, R.C.M. 1935; R.C.M. 1947, 11-2507; amd. Sec. 8, Ch. 500, L. 1981; amd. Sec. 1, Ch. 11, L. 1983; amd. Sec. 26, Ch. 370, L. 1987; amd. Sec. 670, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-113. Disposition of bonds

7-31-113. Disposition of bonds.
(1) The board of county commissioners or council, as the case may be:
(a) may provide by contract for the delivery of bonds at a price not less than 97% of face value upon the terms and conditions provided in the contract; or
(b) may sell and dispose of bonds at public or private sale at a price not less than 97% of face value to raise funds to carry out the contract and use the funds for the payment of any expert or incidental expenses proper and necessary in completing the contract.
(2) In the event that the bonds are sold at public sale, the bonds must be sold for cash to the highest bidder, after public notice by publication in a paper of general circulation printed and published in each county in the state and also by publication in at least three newspapers of general circulation printed and published in the cities of Boston and New York. The notice must be published at least once a week and must contain, in substance, a description of the bonds as set out in 7-31-112.
History: En. Sec. 8, p. 145, L. 1893; re-en. Sec. 4838, Pol. C. 1895; re-en. Sec. 3437, Rev. C. 1907; re-en. Sec. 5296, R.C.M. 1921; re-en. Sec. 5296, R.C.M. 1935; R.C.M. 1947, 11-2508(part); amd. Sec. 20, Ch. 253, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-114. Disposition of sale proceeds -- sanitary coupon bond fund

7-31-114. Disposition of sale proceeds -- sanitary coupon bond fund.
The proceeds of the sales of bonds:
(1) shall be paid over to the county treasurer, the city treasurer, or the town clerk, as the case may be, and kept as a separate and independent fund for the purposes herein provided, to be known as the sanitary coupon bond fund; and
(2) shall be deposited and kept in such a manner and at such bank or banks as the board of county commissioners of the county or council of the city or town owning such funds may direct.
History: En. Sec. 8, p. 145, L. 1893; re-en. Sec. 4838, Pol. C. 1895; re-en. Sec. 3437, Rev. C. 1907; re-en. Sec. 5296, R.C.M. 1921; re-en. Sec. 5296, R.C.M. 1935; R.C.M. 1947, 11-2508(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-115. Disbursement of money

7-31-115. Disbursement of money.
Money in the sanitary coupon bond fund shall not be paid out or disbursed except upon warrants or orders drawn thereon by the board of county commissioners or council of such incorporated city or town, signed and attested in the manner provided by law.
History: En. Sec. 8, p. 145, L. 1893; re-en. Sec. 4838, Pol. C. 1895; re-en. Sec. 3437, Rev. C. 1907; re-en. Sec. 5296, R.C.M. 1921; re-en. Sec. 5296, R.C.M. 1935; R.C.M. 1947, 11-2508(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 1. Smoke Abatement › 7-31-116. Payment of bonds and other obligations

7-31-116. Payment of bonds and other obligations.
(1) The faith of the county or incorporated city or town issuing bonds under the provisions of this part is solemnly pledged for the payment of the principal and interest according to the tenure of said bonds and the coupons attached to the same.
(2) The board of county commissioners of the county or council of the incorporated city or town issuing said bonds:
(a) shall ascertain and levy and assess a tax sufficient to pay the interest upon said bonds, which shall become a lien and be collected as other taxes; and
(b) shall form such sinking fund for the payment of the principal thereof as may be necessary and proper, in the manner provided by law or ordinance, which shall be kept as a separate fund.
(3) All bonds, coupons, orders, and warrants issued and drawn under the provisions of this part shall be promptly paid, registered, and entered in books kept for that purpose, with correct and proper entries made in respect thereto, and the same, when paid, shall be canceled and preserved, with proper entries made thereof, as provided by law in cases of other bonds, warrants, and orders.
History: En. Sec. 9, p. 146, L. 1893; re-en. Sec. 4839, Pol. C. 1895; re-en. Sec. 3438, Rev. C. 1907; re-en. Sec. 5297, R.C.M. 1921; re-en. Sec. 5297, R.C.M. 1935; R.C.M. 1947, 11-2509.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 2. Public Safety Communications Officer › 7-31-201. Definitions

7-31-201. Definitions.
As used in this part, the following definitions apply:
(1) "Council" means the Montana public safety officer standards and training council provided for in 2-15-2029.
(2) "Public safety communications officer" means a person who receives requests for emergency services, as defined in 10-4-101, dispatches the appropriate emergency service units, and is certified under 7-31-203.
History: En. Sec. 1, Ch. 58, L. 1991; amd. Sec. 7, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 2. Public Safety Communications Officer › 7-31-202. Qualifications for public safety communications officers

7-31-202. Qualifications for public safety communications officers.
To be appointed a public safety communications officer, a person:
(1) must be a citizen of the United States;
(2) must be at least 18 years of age;
(3) must be fingerprinted and a search must be made of local, state, and national fingerprint files to disclose any criminal record;
(4) may not have been convicted of a crime for which the person could have been imprisoned in a federal or state penitentiary;
(5) must be of good moral character, as determined by a thorough background investigation;
(6) must be a high school graduate or have been issued a high school equivalency diploma by the superintendent of public instruction or by an appropriate issuing agency of another state or of the federal government; and
(7) must meet any additional qualifications established by the council.
History: En. Sec. 2, Ch. 58, L. 1991; amd. Sec. 671, Ch. 61, L. 2007; amd. Sec. 8, Ch. 506, L. 2007; amd. Sec. 3, Ch. 55, L. 2015.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 2. Public Safety Communications Officer › 7-31-203. Certification of public safety communications officers -- suspension or revocation -- penalty -- notification requirements

7-31-203. Certification of public safety communications officers -- suspension or revocation -- penalty -- notification requirements.
(1) A local government shall require that a person, unless exempt under subsection (3), appointed to receive requests for emergency services, as defined in 10-4-101, and to dispatch the appropriate emergency service units be certified by the council as a public safety communications officer.
(2) (a) The council shall determine the certification standards for public safety communications officers as provided in 7-31-202.
(b) The certification standards must contain a requirement that an applicant for certification attend and successfully complete a basic course for public safety communications officers conducted by the Montana law enforcement academy within 1 year of date of hire.
(3) (a) A person certified by the council prior to July 1, 2001, and employed as a public safety communications officer as of July 1, 2001, is not subject to the requirement of subsection (2)(b).
(b) A person under permanent appointment as a public safety communications officer as of July 1, 2001, is not subject to the requirements of subsection (2).
(4) A public safety communications officer who has successfully met the certification standards set by the council, or who is exempt from certain certification standards pursuant to subsection (3), who has met the qualification requirements in 7-31-202, and who has completed a 6-month probationary term and 1 year of employment must, upon application to the council, be issued a basic public safety communications officer certificate.
(5) Failure by any person appointed as a public safety communications officer after July 1, 2001, unless exempt under the provisions of subsection (3), to meet the minimum requirements in 7-31-202 or to satisfy the certification requirements provided for in subsection (2) of this section is cause to terminate that person's employment as a public safety communications officer.
(6) It is unlawful for a person whose certification as a public safety communications officer has been suspended or revoked by the council to act as a public safety communications officer. A person convicted of violating this subsection is guilty of a misdemeanor, punishable by a term of imprisonment not to exceed 6 months in the county jail or by a fine in an amount not to exceed $500, or both.
(7) Within 10 days of the appointment, termination, resignation, or death of any public safety communications officer, written notice must be given to the council by the employing authority.
History: En. Sec. 3, Ch. 58, L. 1991; amd. Sec. 1, Ch. 437, L. 1993; amd. Sec. 1, Ch. 88, L. 2001; amd. Sec. 9, Ch. 506, L. 2007.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 3. Amateur Radio Operation › 7-31-301. Amateur radio station operation from motor vehicle

7-31-301. Amateur radio station operation from motor vehicle.
A local governing body may not by ordinance, resolution, or rule prohibit the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States.
History: En. Sec. 2, Ch. 56, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 31. General Emergency and Protective Services › Part 21. General Provisions Affecting Counties › 7-31-2101. Authorization to transfer funds for emergency relief

7-31-2101. Authorization to transfer funds for emergency relief.
Whenever the governor issues a proclamation declaring that an emergency exists in any county requiring the relief of suffering of the inhabitants caused by famine, destitution, conflagration, or other public calamity, the board of county commissioners of the county may transfer to the proper fund to be used for purposes of relief any money in any other fund or funds of the county, but money belonging to any bond sinking or interest fund or any school fund may not be transferred. The governor shall in the proclamation state the facts upon which the emergency is declared and shall specifically limit the time during which the transfers may be made.
History: En. Sec. 1, Ch. 43, L. 1933; re-en. Sec. 4470.3, R.C.M. 1935; R.C.M. 1947, 16-1107; amd. Sec. 672, Ch. 61, L. 2007.
2023 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 a board of health is provided, for the board of health to have jurisdiction within the city or town limits.
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; amd. Sec. 1, Ch. 148, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).