1-4-1: GENERAL PENALTY:

Unless specifically provided elsewhere, any person prosecuted and found to have been in violation of any of the terms and provisions of this code or failing to comply with any of the mandatory requirements of the ordinances of the city, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500.00), payable to the city, or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed to be a separate offense. (Ord. 09-20, 10-19-2009)

1-4-2: APPLICATION OF GENERAL PENALTY PROVISIONS:

   A.   Unless otherwise provided, the general penalty provided in section 1-4-1 of 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 misdemeanor penalty 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 section 1-4-1 of this chapter shall apply. (Ord. 09-20, 10-19-2009)

1-4-3: DEFINITIONS:

MUNICIPAL INFRACTION: Any violation of this code, as amended, which has been specifically declared to be a municipal infraction under provisions of this code.

OFFICER: Any employee or official authorized to enforce provisions of this code, as amended.

REPEAT VIOLATION: A recurring violation of the same section of this code. Each day that a violation occurs or is permitted to exist constitutes a separate and distinct infraction. (Ord. 09-20, 10-19-2009)

1-4-4: MUNICIPAL INFRACTIONS; PENALTIES:

   A.   A municipal infraction is a civil offense and for a proven violation, a civil penalty may be imposed.

   B.   For a first violation, a civil penalty of not more than three hundred dollars ($300.00) shall be imposed.

   C.   For each repeat violation, a civil penalty not to exceed five hundred dollars ($500.00) shall be imposed.

   D.   Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action; provided, however, that the city must elect whether to treat a specific incident as a municipal infraction, subject to the penalty set forth in this section, or as a misdemeanor, punishable as set forth in section 1-4-1 of this chapter. If a violation is repeated, the city may treat the initial violation as a municipal infraction, and the repeat violation as a misdemeanor, or vice versa. (Ord. 09-20, 10-19-2009)

1-4-5: CIVIL CITATIONS; SERVICE AND REQUIREMENTS:

   A.   Any officer who is authorized by the city to enforce a municipal code or regulation may issue a civil citation to a person who commits a municipal infraction.

   B.   The citation may be served on the alleged violator by any one of the following methods:

      1.   Personal service; or

      2.   By certified mail addressed to the defendant at the defendant's last known mailing address, return receipt requested; or

      3.   By publication, in the manner described in rule 4D(5) of the Montana rules of civil procedure.

   C.   A copy of the citation must be retained by the issuing officer and one copy be sent to or filed with the clerk of the Whitefish municipal court.

   D.   The citation shall serve 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 issuing the citation;

      3.   The location and time of the infraction;

      4.   The amount of the civil penalty to be assessed or the alternative 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; and

      7.   The penalty for failure to appear in court. (Ord. 09-20, 10-19-2009)

1-4-6: COURT PROCEEDINGS:

   A.   If the total amount of civil penalties does not exceed three thousand dollars ($3,000.00), the matter shall be tried before the municipal court judge in the same manner as a small claim. If the total amount of civil penalties assessed exceeds three thousand dollars ($3,000.00), the matter must be tried before a district court judge.

   B.   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.

   C.   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 produce evidence or witnesses on the defendant's behalf.

   D.   The defendant may be represented by counsel of the defendant's own choosing and at the defendant's own expense.

   E.   The defendant may answer by admitting or denying the infraction.

   F.   If a municipal infraction is proven, the court shall enter judgment against the defendant. If the infraction is not proven, the court shall dismiss the charges.

   G.   If the person named in the citation is shown to have been served with the civil citation in the proper manner and, without good cause, fails to appear in response to the citation, judgment shall be entered against the person by the court. (Ord. 09-20, 10-19-2009)