The following title 61, Montana Code Annotated offenses adopted and incorporated by reference into this Code are hereby designated a Municipal infraction:
A. All violations of title 61, chapter 3, Montana Code Annotated known as vehicle registration shall be assessed the following fines:
1. The penalty for a violation shall be fifty dollars ($50.00) unless otherwise specified.
2. The penalty for a violation shall be reduced to twenty five dollars ($25.00) if the offender brings proof of compliance into Ennis City Court that he or she has corrected the violation and is now in compliance with State law.
3. Violations of Montana Code Annotated 61-3-603, 61-3-604, and 61-3-607, which are designated as felony offenses by State Statute, will be prosecuted as State Statute violations and not a Municipal infraction.
B. All violations of title 61, chapter 4, Montana Code Annotated known as vehicle dealer licensing shall be assessed the following fines:
1. The penalty for a violation shall be two hundred dollars ($200.00).
2. Violations of Montana Code Annotated 61-4-403 is designated as a felony by State Statute and shall be prosecuted as a State Statute violation and not a Municipal infraction.
C. All violations of title 61, chapter 5, Montana Code Annotated known as driver licensing shall be assessed the following fines:
1. The penalty for a violation of title 61, chapter 5, Montana Code Annotated and Montana Code Annotated 61-2-302 violations of restrictions imposed on probationary licenses shall be fifty dollars ($50.00) unless otherwise specified.
2. The penalty for a violation of title 61, chapter 5, Montana Code Annotated shall be reduced to twenty five dollars ($25.00) if the offender brings proof of compliance into Ennis City Court that he or she has corrected the violation and is now in compliance with State law.
3. Violations of Montana Code Annotated 61-5-210, 61-5-212, and 61-11-213 will be prosecuted as a violation of State Statute and not as a Municipal infraction.
4. Violations of Montana Code Annotated 61-5-133 and 61-5-134 shall be charged and prosecuted as a State Statute violation.
D. All violations of title 61, chapter 6, Montana Code Annotated known as financial responsibility (insurance) shall be prosecuted as a State Statute violation.
E. All violations of title 61, chapter 7, Montana Code Annotated known as crash/accident reporting shall be prosecuted as a State Statute violation.
F. All violations of title 61, chapter 8, Montana Code Annotated known as traffic regulations shall be assessed the following fines:
1. The penalty for a violation shall be fifty dollars ($50.00) unless otherwise specified.
2. The following violations of the Montana Code Annotated shall be charged and prosecuted as a state statute violation:
61-8-301 | Reckless driving |
61-8-302(2) | Careless driving involving death or serious bodily injury |
61-8-308 | Holding or engaging in a speed contest |
61-8-316 | Flee from or eluding a peace officer |
61-8-401 | DUI |
61-8-406 | DUI per se |
61-8-410 | Under 21 years of age operating a motor vehicle with a BAC of 0.02% or greater |
61-8-422 | Transfer/sell/encumber vehicle that is to be seized |
61-8-713 | Tamper/damage/interfere with traffic control device |
61-8-812 | Commercial motor vehicle out of service violations |
3. The penalty for a violation of Montana Code Annotated 61-8-303, 61-8-309, 61-8-310, 61-8-312, 61-8-314, otherwise known as exceeding the speed limit, shall be twenty five dollars ($25.00) plus three dollars ($3.00) for every mile per hour over the speed limit.
a. Whenever any police officer engaged in the enforcement of the motor vehicle laws of this town uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the police department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each twelve (12) months, according to procedures and at regular intervals of time prescribed by the department.
b. Any police officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer.
c. A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the traffic laws when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department.
d. Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence.
e. Any person accused pursuant to the provisions of this subsection shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion.
4. The penalty for a violation of Montana Code Annotated 61-8-351 or 61-8-352 shall be two hundred dollars ($200.00).
G. All violations of title 61, chapter 9, Montana Code Annotated known as vehicle equipment shall be assessed the following fines:
1. The penalty for a violation shall be fifty dollars ($50.00) unless otherwise specified.
2. The penalty for a violation shall be reduced to twenty five dollars ($25.00) if the offender brings proof of compliance into Ennis city court that he or she has corrected the equipment violation and is now in compliance with state law.
3. All violations of Montana Code Annotated 61-9-420, known as the child restraint violations, shall be one hundred dollars ($100.00).
H. All violations of title 61, chapter 10, Montana Code Annotated known as gross vehicle weight and size and title 69, motor carriers shall be one hundred dollars ($100.00) with the following exceptions:
1. The penalty for a violation of Montana Code Annotated 61-10-124, triple vehicle combinations, shall be three hundred dollars ($300.00).
I. All violations of Montana Code Annotated 61-13-103, known as seat belt violations, shall be twenty five dollars ($25.00).
J. All violations of 49 CFR, known as the Federal Motor Carrier Regulations shall apply to all commercial motor vehicles operated within the Town limits of Ennis. Police officers with the Ennis Police Department are authorized to enforce violations of 49 CFR. For the purposes of enforcing this chapter, violations are considered Municipal infractions. The fine for a violation is one hundred dollars ($100.00). (Ord. 137, 12-8-2011)