(A) Definition. A MUNICIPAL INFRACTION is a civil offense punishable by a civil penalty of not more than $300 for each violation or, if the infraction is a second or subsequent offense, a civil penalty not to exceed $500 for each such repeat offense.
(B) Issuance of citation. Citations for civil infractions shall be issued and signed by the City Attorney, city employees designated or authorized by the City Council to perform animal control duties or by a sworn peace office of the state, or the City Fire Chief as the authorized Fire Code Official. The person or party against whom a citation for a civil infraction is issued shall be known as the defendant and the city shall be the plaintiff. Each day that a violation occurs or is permitted to exist by the defendant constitutes a separate infraction.
(C) Service of citation. 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(4) of the Montana Justice and City Court Rules of Civil Procedure. A copy of the citation shall be retained by the person issuing the citation and one copy shall be sent or delivered to the city court.
(D) Contents of citation. The citation serves as notification that a municipal infraction has been committed and shall 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 or person 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;
(7) The penalty for failure to appear in court; and
(8) Any other information required by law or this code.
(E) Jurisdiction of city court. Citations for civil offenses or municipal infractions shall be tried in the city court by the City Court Judge in the same manner as a “small claims” matter; provided that the total dollar amount of civil penalties to be assessed does not exceed any jurisdictional dollar limit for cases of municipal infractions or civil offenses placed by law upon the city court. If the total amount of civil penalties to be assessed exceeds such jurisdictional limit, then the matter shall be tried before a judge in the district court as provided by law. All references herein to the COURT shall mean the city court, except in those instances where the case is originally tried in district court due to the amount at issue being in excess of the city court’s jurisdictional dollar limit.
(F) Burden of proof. The city has the burden of proof that the municipal infraction occurred and that the defendant committed the infraction. The proof must be by clear and convincing evidence.
(G) Conduct of proceedings. As provided by the state statutes, in municipal infraction proceedings, the matter must be tried before the City Court Judge in the same manner as a small claim if the total amount of civil penalties does not exceed $3,000. The matter may only be tried before a judge in district court if the total amount of civil penalties assessed exceeds $3,000. Jury trials shall be conducted in the manner provided by law for jury trials in city courts. The court shall ensure that the defendant has received a copy of the charges and that the defendant understands the charges. The defendant may question all witnesses who appear for the city and may produce evidence or witnesses on the defendant’s behalf. The defendant may be represented by counsel of the defendant’s own choosing and at the defendant’s own expense. The defendant may answer by admitting or denying the infraction.
(H) Disposition. If a municipal infraction is proven, the court shall enter a judgment against the defendant. If the infraction is not proven, the court shall dismiss the citation. If the defendant named in the citation is served, as provided above, and fails without good cause to appear in response to the civil citation, judgment shall be entered against the defendant.
(I) Penalties and forfeitures. All penalties or forfeitures collected by the court for municipal infractions shall be remitted to the city in the same manner as fines and forfeitures collected for criminal offenses.
(J) Court costs. A person against whom judgment is entered shall pay court costs and fees as provided under state law for small claims court actions. If the citation is dismissed by the court, the city shall be liable for court costs and fees.
(K) Alternative relief. Seeking a civil penalty as authorized herein does not preclude the city from seeking alternative relief from the court in the same action.
(L) Judgment. When judgment is entered against a defendant, the court may do any of the following:
(1) Impose a civil penalty by entry of a judgment against the defendant;
(2) Direct that payment of the civil penalty be suspended or deferred under conditions imposed by the court;
(3) Grant appropriate alternative relief ordering the defendant to abate or cease the violation;
(4) Authorize the city to abate or correct the violation;
(5) Order that 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; or
(6) Any other condition or form of relief authorized by law.
(M) Violation. If a defendant willfully violates the terms of an order imposed by the court, such violation or failure to comply is contempt.
(N) Costs of abatement or correction. The City Court Judge has jurisdiction to assess or enter judgment for costs of abatement or correction in any amount not to exceed the jurisdictional dollar amount for a money judgment in a civil action brought in city courts in the state, as provided by law, under MCA § 3-11-103 or successor statutes. If the city seeks abatement or correction costs in excess of such jurisdictional amount, the matter must be referred to the district court, where such matter shall be heard and determined as provided by law.
(O) New trials and appeals. The defendant or the city may file a motion for a new trial or may appeal the decision to district court. A factual determination made by the trial court, supported by substantial evidence as shown in the record, is binding for purposes of appeal relating to the violation at issue but is not admissible or binding as to any future violations for the same or similar code provision by the same defendant.
(P) Basis for other actions.
(1) Except for willful or wanton misconduct on the part of the city, the issuance of a civil citation for a municipal infraction or the ensuing court proceedings shall not provide an action for false arrest, false imprisonment or malicious prosecution.
(2) In addition to the foregoing, the city and its agents or officers shall be entitled to whatever other immunities, rights, privileges or benefits are available with respect to the acts or omissions of the city and/or its agents or officers concerning any or all proceedings involving a citation for a municipal infraction.
(Prior Code, § 1-4-2) (Ord. 6-050409, passed 5-4-2009; Ord. 08-051710, passed 5-17-2010)
Statutory reference:
Related provisions, see MCA §§ 7-1-4150, 7-1-4151 and 7-1-4152