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Whenever in any provision of this code or other ordinance of the town any act is prohibited or is made or declared to be unlawful, 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, any person, upon conviction for the violation of any such provision of this code or ordinances, shall be liable of a municipal infraction and punished as follows:
A. A municipal infraction is a civil offense punishable by a civil penalty of not more than three hundred dollars ($300.00) for each violation or if the infraction is a repeat offense, a civil penalty not to exceed five hundred dollars ($500.00) for each repeat violation.
B. Statutory surcharges must be imposed, as provided in Montana Code Annotated 3-1-317(1)(a), 3-1-318(1), and 46-18-236(6)(a), on municipal infractions that are criminal offenses under state law, and the amounts must be distributed as provided in those sections.
C. A person may not be proceeded against for the same act or omission to act under both a municipal infraction ordinance and the corresponding state law criminal offense on which the municipal infraction ordinance is based.
D. An officer who is authorized by the town of Ennis to enforce a municipal code or regulation may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service, by certified mail addressed to the defendant at the defendant's last known mailing address, return receipt requested, or by publication, as provided in rule 4D(5), Montana rules of civil procedure. A copy of the citation must be retained by the issuing officer and one copy must be sent to the clerk of the city court. The citation must serve as notification that a municipal infraction has been committed and must contain the following information:
1. The name and address of the defendant;
2. The name or description of the infraction attested to by the officer issuing the citation;
3. The location and time of the infraction;
4. The amount of civil penalty to be assessed or the alternate relief sought, or both;
5. The manner, location, and time in which the penalty may be paid;
6. The time and place of court appearance; and
7. The penalty for failure to appear in court.
E. Each day any violation of any provision of any ordinance shall continue shall constitute a separate offense. (Ord. 137, 12-8-2011)