§ 2-1-20 NAMING PLAINTIFF.

   (A)   A criminal action brought for violation of a city ordinance must be brought in the name of the city as the plaintiff and against the accused as the defendant.

   (B)   A criminal action brought for violation of a state law within the city may be brought either in the name of the state as the plaintiff or in the name of the city as the plaintiff and must be brought against the accused as the defendant.

   (C)   A criminal action brought for violation of a state law within the country and within its concurrent jurisdiction with the Justice’s Court must be brought in the name of the state as the plaintiff and against the accused as the defendant.

   (D)   A civil action brought in the City Court must be prosecuted or defended in the same manner as a civil action in Justice’s Courts under the Montana Justice Courts Rules of Civil Procedure, MCA Title 25, Ch. 22.

(1992 Code, § 5-1-506)

§ 2-1-21 CONTEMPT; CITY JUDGE JURISDICTION.

   A City Judge may punish for contempt persons guilty of the following acts and no other:

   (A)   Disorderly, contemptuous or insolent behavior toward the judge while holding the Court tending to interrupt the due course of a trial or other judicial proceeding;

   (B)   A breach of the peace, boisterous conduct or violent disturbance in the presence of the Judge or in the immediate vicinity of the Court held by him or her tending to interrupt the due course of a trial or other judicial proceeding;

   (C)   Disobedience or resistance to the execution of a lawful order or process made or issued by the Judge;

   (D)   Disobedience to a subpoena duly served or refusal to be sworn or to answer as a witness; and

   (E)   Rescuing any person or property in the custody of an officer by virtue of an order or process of the Court.

(1992 Code, § 5-1-507)

§ 2-1-22 JUDGE’S BOND.

   The City Judge shall give a fidelity $1,000 bond in favor of the city and shall be so furnished at the expense of the city.

(1992 Code, § 5-1-508)

ZONING COMMISSION AND BOARD OF ADJUSTMENT

§ 2-1-35 APPOINTMENT.

   The Zoning Commission and Board of Adjustment, hereinafter called “the Board”, shall consist of five members to be appointed by the Mayor subject to confirmation by the City Council. The members shall serve for terms of three years each, and shall be removable for cause.

(1992 Code, § 3-1-101)

§ 2-1-36 POWERS.

   (A)   The Board shall have the following power:

      (1)   To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of Zoning or Building Code regulations;

      (2)   To hear and decide special exceptions to Zoning or Building Code regulations; and

      (3)   To authorize upon appeal in specific cases such variance from the Zoning or Building Code regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship and so that the spirit of them shall be observed and substantial justice done.

   (B)   The Board shall have the power to recommend to the City Council such changes in the district boundaries or regulations as it deems necessary or desirable.

   (C)   The Board may from time to time adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of the Zoning or Building Code regulations.

   (D)   The Board shall recommend to the City Council the use, height and area districts in which each part of any annexation to the city shall be placed.

   (E)   The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Such hearing for Building Code appeals shall be held in conformance with the terms of the building codes adopted by the city and its appeal process stated therein. Upon the hearing, any party may appear in person or by attorney.

(1992 Code, § 3-1-102) (Ord. 99-2, passed - -1999)

§ 2-1-37 RULES AND REGULATIONS.

   The Board shall adopt rules in accordance with the provisions of any chapter adopted pursuant to this subchapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(1992 Code, § 3-1-103)