CHAPTER 4
GENERAL PENALTY
SECTION:
1-4-1: General Penalty
1-4-2: Application Of Provisions
1-4-3: Prohibited Acts Include Causing, Permitting
1-4-4: Arrests
1-4-5: Liability Of Officers
1-4-1: GENERAL PENALTY 1 :
   A.   Violation: Whenever in any provision of this code or other ordinance of the town any act is prohibited or is made or declared to be unlawful, a misdemeanor, an infraction, or an offense, or whenever in any such provision or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided therefor, any person, upon conviction for the violation of any such provision of this code or ordinances, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment for each such misdemeanor offense; or by a fine not to exceed three hundred dollars ($300.00) when the offense is designated as an infraction by state law or by any section or provision of this code, or if the infraction is a repeat offense, a penalty not to exceed five hundred dollars ($500.00) for each repeat violation. Each day any violation of any provision of any ordinance shall continue shall constitute a separate offense.
   B.   Construction; Interpretation: In the construction and interpretation of this section, the revocation of a license or permit shall not be considered as a recovery or penalty so as to bar any other penalty being enforced.
   C.   Violation Of Federal Water Pollution Control Act: Any person violating any city ordinance relating to local or federal wastewater pretreatment standards implementing the federal water pollution control act, 33 UCC 1251 through 1387, shall be subject to a fine not to exceed one thousand dollars ($1,000.00) per day for each violation or six (6) months' imprisonment, or both. (2008 Code)

 

Notes

1
1. MCA §§ 7-5-109, 7-5-4207.
1-4-2: APPLICATION OF PROVISIONS:
   A.   The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section.
   B.   In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
   C.   Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. (2008 Code)
1-4-3: PROHIBITED ACTS INCLUDE CAUSING, PERMITTING:
Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (1975 Code § 1.04.030)
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