A. Unlawful Operation By Child Under Eighteen 1 : The city court of the city shall have concurrent original jurisdiction with the district court and the justice court of the state in all proceedings concerning the unlawful operation of motor vehicles by children under the age of eighteen (18) years. Whenever, after a hearing before the court, it is found that a child under the age of eighteen (18) years has unlawfully operated a motor vehicle, the court may: (1975 Code § 10.04.510; amd. 2008 Code)
1. Impose a fine, not exceeding fifty dollars ($50.00), provided such child shall not be imprisoned for failure to pay such fine;
2. May revoke the driver's license of such child, or suspend the same for such time as may be fixed by the court; and
3. May order any motor vehicle owned or operated by such child to be impounded by the probation officer for such time, not exceeding sixty (60) days, as shall be fixed by the court; provided however, that if the court finds the operation of such motor vehicle was without the consent of the owner, then such vehicle shall not be impounded. Upon nonpayment of any fine herein provided for, the court may order that any motor vehicle owned by the child or operated by the child with the consent of the owner shall be impounded until the fine is paid, or may order that the driver's license of such child shall be taken up and held by the probation officer until payment of the fine, or may cause both the motor vehicle and the driver's license to be taken up and impounded until such fine shall be paid; but no child shall be committed to or held in any detention facility or jail by reason of nonpayment of such fine. (1975 Code § 10.04.510)
B. Permitting Unauthorized Minor To Drive 2 : No person shall cause or knowingly permit his child or ward under the age of eighteen (18) years to drive a motor vehicle upon any street or thoroughfare when such minor is not authorized hereunder or in violation of any of the provisions of the state. (1975 Code § 10.04.520)
C. Issuing Summons To Child Under Eighteen: Whenever any child under the age of eighteen (18) unlawfully operates a motor vehicle in the presence of any law enforcement officer, such officer may deliver to the child a form of summons describing the nature of the offense, with instructions thereon to report to the city court; and the court shall be informed thereof by the delivery of a copy of the summons to the probation officer, who shall in turn deliver the same to the judge. (1975 Code § 10.04.530; amd. 2008 Code)
Notes
| 1 | 1. MCA § 61-8-723. |
| 2 | 2. MCA § 61-5-304. |