A. A Municipal infraction is a civil offense and for a proven violation, a civil penalty may be imposed.
B. For a first violation, a civil penalty of twenty five dollars ($25.00) shall be imposed.
C. For each repeat violation, a civil penalty of fifty dollars ($50.00) shall be imposed. Each day that a violation occurs or is permitted to exist constitutes a separate and distinct infraction.
D. Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief from the court in the same action. When any person is found to have violated any section of this Code, any City license previously issued to such person by the City may be revoked by the court or by the City Council.
E. Statutory surcharges and required City surcharges must be imposed, as provided in Montana Code Annotated sections 3-1-317(1)(a), 3-1-318(1), and 46-18-236(6), on Municipal infractions that are criminal offenses under State law, and the amounts must be distributed as provided in those sections.
F. All penalties and forfeitures collected by the City Court for a Municipal infraction shall be remitted to the City in the same manner as fines and forfeitures collected for criminal offenses.
G. A defendant against whom judgment is entered shall pay court costs and fees as in small claims court under title 25, chapter 35 of the Montana Code Annotated in addition to the penalties imposed by the court.
H. In addition to the imposition of civil penalties authorized by law against a defendant, the court may impose alternative relief in the same action. Alternative relief may consist of any of the following:
1. Direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court;
2. Order the defendant to abate or cease the violation;
3. Authorize the City to abate or correct the violation;
4. Order the City's costs for abatement or correction of the violation be entered as a judgment against the defendant or assessed against the property where the violation occurred or both.
I. The City Court may assess or enter judgment for costs of abatement or correction in any amount not to exceed the jurisdictional amount for a money judgment in a civil action under Montana Code Annotated section 3-11-103. If the City seeks abatement or correction costs in excess of this amount, the matter shall be referred to District Court for hearing and entry of an appropriate order. The procedure for hearing in the District Court shall be the same procedure as that for a small claims appealed under Montana Code Annotated section 25-35-803.
J. A defendant who willfully violates the terms of an order imposed by the City Court is guilty of contempt. (Ord. 2018-05, 11-19-2018, eff. 1-1-2019)