Title 1 – General Provisions

Chapters:

1.00 Charter Adoption

1.01 Powers of the City

1.02 Code Adoption

1.04 General Provisions

1.08 Corporate Seal

1.12 Corporate Limits

1.16 Wards

1.24 General Penalty

Chapter 1.00 Charter Adoption

Sections:

1.00.010 Adoption of Charter

1.00.020 Organizations of Departments

1.00.025 Departments - Administration

1.00.030 Departments - Responsibilities

1.00.032 Departments - Rules and Procedures

1.00.035 Departments - Library Board

1.00.040 Personnel Management System

1.00.050 Amendment of Charter

1.00.060 Effective date

1.00.070 Oath of Office

1.00.080 Recall

1.00.090 Public Participation in Government

1.00.100 Severability

1.00.010 Adoption of Charter There is adopted a Charter for the City of Dillon as approved by the voters in the November 1996 general election.

1.00.020 Organization of Departments The organization of city departments shall be prescribed by ordinance. The City of Dillon shall be organized into the following four departments: (1) Police Department; (2) Fire Department; (3) Library; and (4) Public Works. The Public Works Department shall include the following agencies: water and sewer utility; street and alley; animal control; cemetery and parks. (Charter 5.01)

1.00.025 Departments - Administration The departments of the City shall have the following administrators:

(1) Police Department - Police Chief

(2) Fire Department - Fire Chief

(3) Library - Library Director

(4) Public Works - Director of Operations

Each administrator shall supervise, direct, and plan the daily work activities and schedules of the department he is responsible for and generally assist the Mayor in the management of the affairs of the City. Each Administrator shall perform such other duties as may be requested by the Mayor or by state statute; city ordinance; or city resolution. (Charter 5.01)

1.00.030 Departments - Responsibilities The nature and scope of responsibilities of each department of the City shall be established from time to time by the City Council by either resolution or ordinance. (Charter 5.01)

1.00.032 Departments - Rules and Procedures The required rules and procedures for each department’s operation shall be established from time to time by the City Council by either resolution or ordinance. (Charter 5.01)

1.00.035 Departments - Library Board The Library Board shall be the governing body for the operation of the public library subject to the statutes of the State of Montana and the ordinances of the City of Dillon. (Charter 5.01)

1.00.040 Personnel Management System The City of Dillon shall recognize the Dillon Police Officers’ Association and the City of Dillon Employees’ Association as the exclusive representatives for the employees of the City for the purpose of collective bargaining. There shall be annual agreements between these two associations and the City which shall include a salary schedule; provisions for vacations; sick leaves; health insurance; other employee benefits; and a grievance procedure for employees to be heard upon their request on such matters as discipline; discharge; and/or suspension. These agreements, which must be approved annually by the membership of the associations and the City Council shall be, along with the written standard operating procedures of the City, the personnel management system of the City. (Charter 5.03)

1.00.050 Amendment of Charter The charter may be amended only as prescribed by state law. (Charter 6.01)

1.00.060 Effective date The charter shall become effective on July 1, 1997. (Charter 6.02)

1.00.070 Oath of Office Before entering upon the duties of office, all elected city officials shall take and subscribe to the oath of office as prescribed in Article III, Section 3 of the Constitution of Montana. (Charter 6.03)

1.00.080 Recall The elected officers of city government may be recalled by the qualified electors of Dillon as provided by law. No person may be recalled for performing a mandatory duty of the office he or she holds or for not performing any act that, if performed, would subject him or her to prosecution for official misconduct. (Charter 6.04)

1.00.090 Public Participation in Government (1) All meetings of the City Council must be open unless otherwise provided by law; and (2) citizens are entitled to inspect and copy public writings of the City of Dillon as provided by law. (Charter 6.05)

1.00.100 Severability If any provision of the charter is held invalid, the other provisions of this charter shall not be affected thereby. If the application of the charter, or any part of its provisions, to any person or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby. (Charter 6.06)

Chapter 1.01 Powers of the City

Sections:

1.01.010 Powers of the City

1.01.020 Interpretation of Powers

1.01.030 Restrictions

1.01.010 Powers of the City The City of Dillon shall have all powers not prohibited by the Constitution of Montana, the laws of Montana, the ordinances of the City of Dillon, or the charter of the City of Dillon, ordinance of the City of Dillon. (Charter 1.01)

1.01.020 Interpretation of Powers The powers and authority of this self-governing city shall be liberally construed. Every reasonable doubt as to the existence of a city power or authority shall be resolved in favor of the existence of that power or authority. (Charter 1.02)

1.01.030 Restrictions (1) The mill levy shall be limited to that of Montana municipal governments with general government powers, except with the prior approval of a majority of the electors voting on the question in a general or special municipal election; and (2) no change in any city license fee, user fee, permit fee or utility charge shall be made without a prior public hearing or hearings as prescribed by law. (Charter 1.03)

Chapter 1.02 Code Adoption

Sections:

1.02.010 Adoption.

1.02.020 Title—Citation—Reference.

1.02.030 General content of code.

1.02.050 Reference applies to all amendments.

1.02.060 Title, chapter and section headings.

1.02.070 Reference to specific ordinances.

1.02.080 Effect of code on past actions and obligations.

1.02.090 Effective date.

1.02.100 Constitutionality.

1.02.010 Adoption There is adopted the “Dillon Municipal Code”.

1.02.020 Title—Citation—Reference This code shall be known as the “Dillon Municipal Code” in any prosecution for the violation of any provision thereof or any proceeding at law or equity. Prosecutions for violations of Dillon, Montana’s ordinances and actions based therein shall refer to the “Dillon Municipal Code” sections. Amendments to any ordinance or portions thereof, of the City of Dillon, Montana, shall refer to the “Dillon Municipal Code” sections under which such ordinances are codified.

1.02.030 General content of code This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the City of Dillon, Montana.

1.02.050 Reference applies to all amendments Whenever a reference is made to this code as the “Dillon Municipal Code” or to any portion thereof or to any ordinance of the City, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

1.02.060 Title, chapter and section headings Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.

1.02.070 Reference to specific ordinances The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code.

1.02.080 Effect of code on past actions and obligations Neither the adoption of this code nor the repeal of amendment hereby of any ordinance or part of portion of any ordinance shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.

1.02.090 Effective date This code shall become effective on the date the ordinance adopting this code as the “Dillon Municipal Code” shall become effective.

1.02.100 Constitutionality If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.

Chapter 1.04 General Provisions

Sections:

1.04.010 Definitions

1.04.010 Definitions Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter, and the singular number includes the plural and the plural the singular. For the purpose of this code, the following words and phrases shall have the meanings given them in this section, unless the context requires otherwise.

A. “Oath” includes affirmation or declaration; and every mode of oral statement under oath or affirmation is embraced in the term “testify,” and every written one in the term “deposed.”

B. “Person” includes a corporation as well as a natural person.

C. “Signature” or “subscription” includes a mark when the person cannot write.

D. “Writing” includes printing.

Chapter 1.08 Corporate Seal

Sections:

1.08.010 Description.

1.08.010 Description The City of Dillon shall have a corporate seal of circular form, capable of making an indenture of the following device: On the upper side, in the outer circle thereof shall be the words, “City of Dillon,” and on the lower side of the outer circle thereof shall be the words, “Corporate Seal,” and in the upper half of the inside circle shall be the profile of the Beaverhead Rock, and underneath, the word, “County,” and next underneath the word, “Montana,” and underneath that, the figures, “A.D. 1885,” and the same is adopted and declared to be the corporate seal of the City of Dillon, to be kept by the Mayor of said city and used in all cases in which by the law and customs of nations it is necessary to use a seal.

Chapter 1.12 Corporate Limits

Sections:

1.12.010 Designated—Corrected survey—Filing of plat.

1.12.010 Designated—Corrected survey—Filing of plat

A. The corporate limits of the City of Dillon shall be and are declared to be those laid out and defined in the official plat of the said City of Dillon, which said plat was prepared and filed and recorded and is now on file and of record in the office of the county clerk of Beaverhead County, Montana, by virtue of and under the authority of the provisions of Ordinance 183 of said City of Dillon, which said ordinance was duly passed and approved by the City Council and the Mayor of the City on the fourth day of December, 1912, and all the territory within the limits so defined shall be within the City of Dillon.

B. Corrected Survey. The Director of Operations is ordered to make a new and correct survey and plat of the City of Dillon, showing all of the territory within the limits of the said City of Dillon, including therein all platted additions to the City and showing all located monuments and corners with courses and distances.

C. The corrected plat must follow the plans of the original surveys insofar as the same can be ascertained and followed.

D. The plat shall be filed and recorded in the office of the county clerk of Beaverhead County, Montana, and when so filed and recorded, said plat shall be the official plat of the City of Dillon.

Chapter 1.16 Wards

Sections:

1.16.010 Four wards—Description of boundaries.

1.16.020 First ward.

1.16.030 Second ward.

1.16.040 Third ward.

1.16.050 Fourth ward.

1.16.055 ______________

1.16.060 Official map.

1.16.010 Four Wards—Description of boundaries The territory embraced within the limits of the City of Dillon shall be and the same is divided into four wards, bounded and described as hereinafter set forth in this chapter.

1.16.020 First Ward of the City of Dillon is all of that portion of the city enclosed within the city limits and the following line; Beginning at the intersection of the city limits and the southeastern end of Cornell Street proceeding north west along Cornell Street to its intersection with California Street extended;

Thence Second course, northeast along California Street to its intersection with Center street;

Thence Third course, west along Center Street to its intersection with Spruce Street;

Thence Fourth course, north on Spruce Street to its intersection with Vigilante Drive;

Thence Fifth course, east along Vigilante Drive, extended, to the eastern limits of the city including the area of Vigilante Park.

1.16.030 Second Ward of the City of Dillon is all of that portion of the city lying north of Ward I and east of Ward III and enclosed within the city limits by the following line. Beginning at the intersection of the east end of Vigilante Drive extended, with the city limits;

Thence First course, west along Vigilante Drive to its intersection with Spruce Street;

Thence Second course, north on Spruce Street to its intersection with Kentucky Avenue, North Pacific, and Virginia Street;

Thence Third course, north along North Pacific Street to its intersection with North Street;

Thence Fourth course, northwesterly along North Street to its intersection with the Union Pacific railroad tracks;

Thence Fifth course, north along the Union Pacific railroad tracks to their intersection with the city limits.

1.16.040 Third Ward of the City of Dillon is all of that portion of the city lying west of Ward II and enclosed within the city limits and the following line; Beginning at the intersection of the city limits and the Union Pacific Railroad on the south western side of the City of Dillon;

Thence First course, northeasterly along the railroad tracks to the intersection with Center Street extended;

Thence Second course, southeasterly to the intersection of Center Street and Spruce Street;

Thence Third course, north along Spruce Street to the intersection of Spruce Street, Kentucky Avenue, and North Pacific Street;

Thence Fourth course, northeasterly along North Pacific Street to its intersection with Barnett Avenue and North Street;

Thence Fifth course, northwesterly along North Street to its intersection with the Union pacific railroad tracks, thence northerly along the railroad tracks to the city limits.

1.16.050 Fourth Ward of the City of Dillon is all of that portion of the city lying west of Ward I and enclosed within the city limits and the following line, Beginning at the intersection of the city limits and the eastern end of Cornell street;

Thence First course, northwesterly along Cornell Street to its intersection with California Street, extended;

Thence second course, northeast along California Street to its intersection with Center Street;

Thence Third course, west along Center Street, extended to its intersection with the Union Pacific railroad tracks;

Thence southwesterly along the railroad tracks to their intersection with the city limits.

1.16.055 Following each federal decennial census, the City Council shall cause the City to be divided into four (4) districts, as compact and equal in population as possible. (Charter 2.06)

1.16.060 Official map An official map designating the boundaries of the four wards of this City will be drafted and kept by the Director of Operations. Said map will be titled, “Official Ward Boundary Map for the City of Dillon.”

Chapter 1.24 General Penalty

Sections:

1.24.010 Designated.

1.24.010 Designated Any person violating an ordinance of the City of Dillon for which a penalty has not specifically been provided shall, upon conviction thereof, be punished by a fine or penalty not exceeding the sum of five hundred dollars, or by imprisonment not to exceed a period of six months, or by both such fine or imprisonment.