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No person shall urinate or defecate within any public place or on private property visible from a public place or other private property, except in the facilities provided for that purpose.
(Prior Code, § 9.02.015) Penalty, see § 130.99
(A) Unlawful to carry firearms and concealed weapons; exceptions.
(1) Every person who carries or bears concealed upon the individual’s person a firearm, dirk, dagger, sword cane, billy club, knuckles made of any metal or hard substance, knife having a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon shall be punished by a fine as set forth in § 130.99 of this chapter.
(2) This division (A) shall not apply to:
(a) Any peace officer of the state or another state who has the power to make arrests;
(b) Any officer of the United States government authorized to carry a concealed weapon;
(c) A person in actual service as a member of the National Guard;
(d) A person summoned to the aid of any of the persons named in divisions (A)(2)(a) through (A)(2)(c) above;
(e) A civil officer or his or her deputy engaged in the discharge of official business;
(f) A person authorized by a judge of a district court of the state to carry a weapon;
(g) A probation and parole officer authorized to carry a firearm under M.C.A. § 46-23-1002;
(h) A person issued a permit under M.C.A. § 45-8-321 or a person with a permit recognized under M.C.A. § 45-8-329;
(i) An agent of the Department of Justice or a criminal investigator in a County Attorney’s office;
(j) A person who is lawfully engaged in hunting, fishing, trapping, camping, hiking, backpacking, farming, ranching or other outdoor activity in which weapons are often carried for recreation or protection; or
(k) The carrying of arms on one’s own premises or at one’s home or place of business.
(Prior Code, § 9.06.010)
(B) Unlawful to discharge firearms. No person shall shoot or discharge any pistol, rifle, air rifle or pistol or other firearm within the town limits, except when done in the lawful defense of the person, property or family or in the necessary enforcement of the law.
(Prior Code, § 9.06.020)
(C) Permits. The Town Council may at any time, upon application, grant permits to shooting galleries, gun clubs and others for shooting within the municipal limits in fixed localities and under fixed rules. Such permits shall be in writing, attested by the Clerk conforming to such requirements as the Council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the Council.
(Prior Code, § 9.06.030)
(D) Carrying concealed weapon while under influence. A person commits the offense of carrying a concealed weapon while under the influence if the person purposely or knowingly carries a concealed weapon while under the influence of an intoxicating substance. It is not a defense that the person had a valid permit to carry a concealed weapon.
(E) Carrying concealed weapon in prohibited places. Except for legislative security officers authorized to carry a concealed weapon in the state capitol, as provided in M.C.A. § 45-8-317(1)(k), a person commits the offense of carrying a concealed weapon in a prohibited place if the person purposely or knowingly carries a concealed weapon in:
(1) Portions of a building used for state or local government offices and related areas in the building that have been restricted;
(2) A bank, credit union, savings and loan institution or similar institution during the institution’s normal business hours. It is not an offense under this division (E) to carry a concealed weapon while:
(a) Using an institution’s drive-up window, automatic teller machine or unstaffed night depository; or
(b) At or near a branch office of an institution in a mall, grocery store or other place unless the person is inside the enclosure used for the institution’s financial services is using the institution’s financial services.
(4) It is not a defense that the person had a valid permit to carry a concealed weapon.
(Ord. 187, passed - -; Ord. 340, passed 12-9-2019) Penalty, see § 130.99
(A) Consumption of alcoholic beverages. No person shall consume alcoholic beverages, nor shall any person possess an open can or bottle of beer or a glass of any type of open container containing beer or liquor in a public place, within the town limits unless such consumption or possession is within an establishment licensed to sell such beverages by state law; except that, a person may possess and consume alcoholic beverages in a town park if he or she has a valid permit to do so. Said permit may be issued at the concurrence of the Chief of Police and a member of the Town Council.
(Prior Code, § 9.08.010)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly requires a different meaning.
ALCOHOLIC BEVERAGES. Any alcoholic, spirituous, vinous, fermented, malt or other liquor, which contains more than 1% of alcohol by weight.
(Prior Code, § 9.08.020)
PUBLIC PARKING LOT. Any parking lot, whether owned by the town or any other public entity, or by any private individuals or entity, to which the general public has access to park.
PUBLIC PLACE. All ways of the town or the state open to the public, sidewalks, athletic fields, public parks, public parking lots and motor vehicles when parked or operated on ways of the town or the state open to the public or in public parking lots within the town.
(Prior Code, § 9.08.021)
Penalty, see § 130.99
It is unlawful and punishable as provided in § 10.99 of this code of ordinances for any person who shall not have reached the age of 21 years to have in his or her possession an alcoholic beverage, within the town limits; except that, he or she does not commit to the offense if he or she consumes or gains possession of the beverage because it was lawfully supplied to him or her under M.C.A. § 16-6-305 or when, in the course of his or her employment, it is necessary to possess alcoholic beverages.
(Prior Code, § 9.10.010) (Ord. 185, passed - -; Ord. 247, passed - -) Penalty, see § 130.99
(A) Minors on streets and public places prohibited; exception. It shall be unlawful for any person under the age of 18 years to be in or upon the streets, alleys, parks or other public places in the town between the hours of 10:00 p.m. of one day and 6:00 a.m. of the following day, without being on lawful business or occupation, unless accompanied by a parent or guardian of said minor, or other person having lawful control of said person; except that, a person who is 16 or 17 years of age may be in or upon the streets, alleys, parks or other public places in the town between the hours of 10:00 p.m. and 12:00 midnight on Friday and Saturday nights.
(Prior Code, § 9.12.010)
(B) Liability of parents for violation. It shall be unlawful for any parent, guardian or other person having the lawful control of any, person under 18 years of age, to allow or permit such person to be in or upon any of the streets, alleys, parks or other public places in town contrary to the provisions of this section.
(Prior Code, § 9.12.020)
(Ord. 228, passed 8-13-1984) Penalty, see § 130.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(Prior Code, § 9.02.020)
(C) (1) A person violating § 130.03(A) of this chapter shall be punished by a fine not exceeding $500 or imprisonment in the county jail for a period not exceeding six months, or both.
(2) A person who has previously been convicted of an offense, committed on a different occasion than the offense under § 130.03(A) of this chapter, in the town or any other jurisdiction for which a sentence to a term of imprisonment in excess of one year could have been imposed and who carries or bears concealed upon his or her person any of the weapons described above shall be punished by a fine not exceeding $1,000 or imprisoned in the state prison for a period not exceeding five years, or both.
(3) Every person convicted of a violation of § 130.03 of this chapter generally will be punished by a fine not exceeding $300 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment.
(Prior Code, § 9.06.040)
(4) A person convicted of violating § 130.03(D) of this chapter shall be imprisoned in the county jail for a term not to exceed six months or be fined an amount not to exceed $500, or both.
(5) A person convicted of the offense of carrying a concealed weapon in a prohibited place, per § 130.03(E) of this chapter, shall be imprisoned in the county jail for a term not to exceed six months or fined an amount not to exceed $500, or both.
(D) Any person found to be violating any provision of § 130.04 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to fine and/or confinement in accordance with the laws of the state and the town with regard to punishment for conviction of a misdemeanor.
(Prior Code, § 9.08.030)
(E) Any person violating § 130.05 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $5 or more than $50.
(Prior Code, § 9.10.020)
(F) Any person, firm or corporation violating any of the provisions of § 130.06 of this chapter shall, upon conviction, be punished by a fine or penalty not to exceed the sum of $50.
(Prior Code, § 9.12.030)
(Ord. 181, passed - -; Ord. 185, passed - -; Ord. 187, passed - -; Ord. 247, passed - -; Ord. 340, passed 12-9-2019)