Sec. 32-12. Injury, etc., to public property; penalty.

   Any person who shall willfully or maliciously injure or destroy, or cause to be injured or destroyed, any public property of any kind whatsoever, shall be subject to punishment for a class A violation as set forth in section 1-19 of the County Code.

   For the purpose of this section, the term "public property" shall include but shall not be limited to buildings, furniture, fixtures, grounds, streets, highways, alleys, signs, fingerboards, sidewalks, curbs, gutters, storm drainage and other structures located in or on lands owned by the county, or dedicated to the use of the public. (Mont. Co. Code 1965, § 16-8; 1983 L.M.C., ch. 22, § 41.)

Sec. 32-12A. Graffiti.

   (a)   Definitions. In this Section, the following words have the meanings indicated.

      (1)   Graffiti means the marks made or objects applied by a person on any real or personal property of another without the consent of the owner, lessee, agent or person in charge, using paint, spray paint, markers, or any other object or substance.

      (2)   Graffiti material means any can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, any indelible marker with a marking tip of one-quarter inch or more in diameter, and any engraving device.

   (b)   Possession of graffiti material. A person must not possess graffiti material on public or private property with the intent to violate subsection (c).

   (c)   Graffiti prohibited. A person must not apply graffiti on any publicly or privately owned surface.

   (d)   Penalty. Any violation of this Section is a class A violation. (1994 L.M.C., ch. 10, § 1.)   

Sec. 32-13. Disturbing the public peace or disorderly conduct—Definitions.

   As used in Sections 32-14 through 32-17, the following terms have the following meanings:

   Place open to the public: Any place where the public is invited or permitted, including:

   (a)   a place of business;

   (b)   a parking lot;

   (c)   a place of worship;

   (d)   a cemetery;

   (e)   a place of amusement; or

   (f)   an elevator, lobby, or hallway.

   Public place:  

   (a)   Any public way, including

      (1)   a street, road, or highway;

      (2)   a sidewalk;

      (3)   an alley or land; or

      (4)   a crosswalk.

   (b)   Any public facility, including

      (1)   a park;

      (2)   a playground;

      (3)   a school; or

      (4)   a government building.

   (c)   Any vacant lot or parcel of land. (1968 L.M.C., Ex. Sess. ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)

Sec. 32-14. Disturbing the public peace or disorderly conduct—Prohibited conduct.

   An individual must not at, on, or in a public place or place open to the public:

   (a)   interfere with or hinder the free passage of pedestrian or vehicular traffic; or

   (b)   incite unlawful conduct, by words or intentional conduct, which is likely to produce imminent unlawful conduct. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)

   Editor’s note— See County Attorney Opinion dated 11/14/11-A regarding legislation to address loitering and prowling violating the constitutionality and rights of a person to move about in a public place.

Sec. 32-15. Temporary detention by police officer of an individual suspected of criminal behavior.

   (a)   A police officer may temporarily detain any individual under circumstances that reasonably indicate that the individual:

      (1)   has engaged in conduct prohibited under Section 32-14;

      (2)   has violated or is violating a condition of parole or probation; or

      (3)   has committed, is committing, or is about to commit a crime.

   (b)   A police officer may detain an individual under this Section only to determine the individual’s identity and the circumstances surrounding suspected criminal behavior. Any detained individual must truthfully identify himself, but must not be compelled to produce identification or answer any other question from any police officer.

   (c)   An individual must not be detained under this Section longer than is reasonably necessary to achieve the purposes of this Section. Unless the individual is arrested, the detention must not last longer than 60 minutes or extend beyond the place, or the immediate vicinity of the place, where the individual was first detained. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 2006 L.M.C., ch. 22, § 1.)

Sec. 32-16. Lawful assembly exempted.

   Nothing in this article, except section 32-23, prohibits lawful picketing or other lawful assembly. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 1993 L.M.C., ch. 36, § 1; 2006 L.M.C., ch. 22, § 1.)

Sec. 32-17. Disturbing the public peace or disorderly conduct—Penalties; Warning.

   (a)   An individual who violates Section 32-14 or Section 32-15 has committed a Class B violation.

   (b)   An individual must not be charged with a violation of Section 32-14 or Section 32-15 unless the arresting officer has first warned the individual of the violation and the individual has failed or refused to stop the violation. (1968 L.M.C., Ex. Sess., ch. 17, § 1; 1983 L.M.C., ch. 22, § 41; 2006 L.M.C., ch. 22, § 1.)

Sec. 32-17A. Urination and Defecation in Public.

   (a)   In this section the words “public place” and “place open to the public” have the meanings stated in Section 32-13.

   (b)   Except as provided in subsection (c), a person must not urinate or defecate, whether or not the act is actually viewed by another person, in:

      (1)   a public place;

      (2)   a place open to the public; or

      (3)   any other place where the person may be seen from a public place or place open to the public.

   (c)   This Section does not prohibit a person from using an enclosed public restroom or other similar facility that is clearly designated for use as a bathroom, toilet, or lavatory.

   (d)   A person who violates this Section has committed a Class A violation. (2005 L.M.C., ch. 21, §1.)

Sec. 32-18. Obscene live conduct.

   Any individual, partnership, firm, association, corporation or other legal entity who knowingly produces, sponsors, manages, directs, presents, or engages in, performs, or participates in any live obscene conduct, in any public place or in a place exposed to public view, or in any place open to the public or to a segment thereof, in the presence of any other person or persons who have paid a consideration of any type whatsoever, or presented a membership card or other token, to observe the conduct; and any owner, lessee or manager of any premises who knowingly permits the same to be used for any of the activities described above shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

   For the purpose of this section, “obscene live conduct” shall be defined as live conduct, the dominant theme of which, when taken as a whole: (a) Appeals to the prurient interest in sex; (b) is so patently offensive that it affronts contemporary community standards relating to the representation of sexual matters; and (c) lacks serious literary, artistic, political or scientific value. (1981 L.M.C., ch. 46, § 1; 1983 L.M.C., ch. 22, § 41.)