1. Misdemeanor Or Infraction Offenses: Unless a different penalty is specifically provided elsewhere in this code, any person who shall violate any of the provisions of this code shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding six (6) months, or by 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. Every day that a violation continues after the first day of violation shall constitute a separate offense. (1976 Code § 1.16.020; amd. 2016 Code)
2. Limitation; Compliance With Statute: The provisions of subsection A1 of this section notwithstanding, no penalty shall be greater than or less than that established by state statute for the same offense; nor shall terms of imprisonment be greater than that established by state statute for the same offense. (2016 Code)
B. Judgment To Pay Fine Constitutes Lien: A judgment that the defendant pay a fine or costs constitutes a lien upon the real estate of the defendant, which lien dates from the date of the defendant's arrest. (1976 Code § 1.16.030)
C. Execution On Fine Or Imprisonment:
1. If the judgment is for a fine alone, execution may issue thereon as on a judgment in a civil case. (1976 Code § 1.16.040)
2. If the judgment is for a fine and imprisonment until fine be paid, the defendant must be committed to the custody of the proper officer, and by him detained until the judgment is complied with. The imprisonment shall not exceed that amount set by resolution of the Prairie County board. (1976 Code § 1.16.040; amd. 2016 Code)
Notes
1 | 1. MCA § 7-5-4207. |