CHAPTER 4
GENERAL PENALTY

SECTION:

1-4-1: General Penalty

1-4-2: Execution On Fine

1-4-3: Acts Punishable Under Different Sections

1-4-4: Liability Of Officers And Employees

1-4-1: GENERAL PENALTY 1 :

   A.   Penalty: Whenever in any provision of this code or other ordinance of the city any act is prohibited or is made or declared to be unlawful, a misdemeanor or an offense, or whenever in any such provision or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided therefor, any person, upon conviction for the violation of any such provision of this code or ordinances, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment, for each such offense.

   B.   Limitation; Compliance With Statute: The provisions of subsection A of this section notwithstanding, no penalty shall be greater than or less than that established by state statute for the same offense; nor shall terms of imprisonment be greater than that established by state statute for the same offense.

   C.   Separate Offense For Each Day: Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this code or any ordinance shall continue shall constitute a separate offense. (2006 Code)

 

Notes

1	1. MCA §§ 7-5-109 and 7-5-4207.

1-4-2: EXECUTION ON FINE:

   A.   Fine Only: If the judgment is for a fine alone, execution may issue thereon as on a judgment in a civil case.

   B.   Fine And Imprisonment: If the judgment is for a fine and imprisonment until the fine is paid, the defendant shall be committed to the custody of the county jail and detained until the judgment is complied with. The imprisonment shall not exceed that amount set by resolution of the Glacier County board. (2006 Code)

1-4-3: ACTS PUNISHABLE UNDER DIFFERENT SECTIONS:

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may proceed under both, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. (2006 Code)