A. A person commits the offense of tampering with or removal of an immobilization device if, before a release of the immobilization device is authorized by the city court or municipal court, the person:
1. Removes or attempts to remove an immobilization device from a vehicle;
2. Relocates the immobilization device from its original installation position;
3. Causes damage of any kind or amount to the immobilization device; or
4. Removes an immobilized vehicle with or without the immobilization device attached from the vehicles location at the time the immobilization device was attached.
B. A person convicted of this offense is guilty of a misdemeanor and shall be subject to the penalty provide in section 1-4-1 of the Belgrade City Code.
C. As an alternative to incarceration, the person may be ordered to participate in a supervised community corrections program or community service pursuant to Montana Code Annotated section 46-18-201.
D. In addition, the person so convicted shall be ordered to pay restitution for the damages caused in an amount to be determined and set by the court. The court shall give full and due consideration to the person's ability to pay the restitution, and may modify the order upon good cause shown by the person. Restitution must be paid in full prior to release from jurisdiction of the city.
(Ord. 2022-15, 12-5-2022)