Title 9 - Public Peace, Morals and Welfare
Chapters:
9.40. Offenses Against Public Peace Open Container
9.42 Harassment of a Police Dog
9.52 Offenses Against Property – Billposting
9.62 Consumer Protection – Solicitors
9.68 Offenses By Or Against Minors
- Curfew
9.78 Weapons - Fireworks and Bows
Chapter 9.40 Offenses Against Public Peace - Open
Container
Sections:
9.40.010 General Provisions.
9.40.020 Definitions.
9.40.030 Public Drinking or Public Display or Exhibition of Beer or
Liquor.
9.40.040 Application.
9.40.050 Penalties.
9.40.010 General Provisions. An ordinance prohibiting public drinking of
beer or liquor; prohibiting public display or exhibition of beer or liquor
containers, or of beer, or of liquor in certain public places and in all
vehicles in the City of Dillon; prohibiting public display or exhibition of
beer or liquor in all vehicles in the City of Dillon; defining the words
liquor, beer, public places, and public display or exhibition; describing
penalties for the violation of this ordinance; repealing all ordinances and
parts of ordinances in conflict herewith, and declaring an emergency.
9.40.020 Definitions. The following words and phrases used in this
ordinance shall be defined as follows:
A. “Liquor”
shall mean any alcoholic spirituous, vinous, fermented malt or other liquor
which contains more than one percent (1%) of alcohol by weight.
B. “Beer”
shall mean any beverage obtained by alcoholic fermentation of an infusion or
decoction of barley, malt, hops, or any similar products, containing not more
than four percent (4%) of alcohol by weight.
C. “Public
Places” means all vehicles, streets and alleys, sidewalks, parks, playgrounds,
athletic fields, public recreational areas, and all places of business not
licensed for the on premises consumption of liquor or beer in the City of
Dillon. “Public places” does not include
premises licensed for the on premises sales of liquor or beer at retail by the
Montana Liquor Control Board whether such license be temporary or permanent.
D. “Public
display or exhibition of beer or liquor” shall mean and include the carrying
and exhibiting of open cans or bottles of beer or liquor or the carrying and exhibition
of glasses or other types of containers for beer or liquor, to, in, on, or
within any vehicles or upon or in public places within the City of Dillon, but
does not include carrying or transporting such beer or liquor from retail
liquor or beer establishments licensed for the sale of liquor or beer at retail
by the Montana Liquor Control Board when such carrying or transporting of beer
or liquor occurs in sacks, cases, boxes, cartons, or other similar containers
with unbroken seals or when no display or exhibition is made.
E. “Public
Drinking” includes the drinking or consuming of beer or liquor in, on, within,
or upon any vehicle or any public place in the City of
F. “Vehicle”
means every device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway.
9.40.030 Public Drinking or Public Display or
Exhibition of Beer or Liquor as defined herein is hereby prohibited, and it
shall be unlawful for any person to engage in public drinking, public display
or exhibition of beer or liquor within the City of
9.40.040 Application. No person shall possess any open container or
“go cups” of an alcoholic beverage in public places within the City of
9.40.050 Penalties. Any person convicted of a violation of this
ordinance shall be guilty of a misdemeanor and be fined not less than ten (10)
dollars or more than twenty-five (25) dollars or serve two (2) days in jail, or
be subject to both a fine and a jail sentence, in the discretion of the court.
Chapter 9.42 Harassment of a
Police Dog
Sections:
9.42.010 Police Dog Harassment.
9.42.030 Definition.
9.42.040 Penalty.
9.42.010 Police Dog Harassment. A person commits the offense of Harassing a
Police Dog if the person purposely or knowingly annoys, teases, torments or
otherwise harasses a police dog while it is confined in a vehicle that is being
used in the performance of the duties of a Police Officer or authorized
representative of a Criminal Justice Agency.
9.42.030 Definition. For the purpose of this ordinance, a Police
dog is defined as any dog that is specifically trained for Law Enforcement
work; including, but not limited to, detection by scent of bombs, explosives,
narcotics, or accelerants, or the location of missing or escaped persons.
9.42.040 Penalty.
Any person violating any provisions of this chapter shall be deemed
guilty of a misdemeanor by a fine not to exceed five hundred dollars or six
months in jail or both.
Chapter 9.52 Offenses Against
Property – Billposting
9.52.010 Council consent required—Penalty for
violation. No person or persons,
company or association of persons shall, without the consent of the city
council, use or cause to be used any telegraph, telephone or electric light
pole within the limits of the City of Dillon, for the purpose of tacking,
pasting, posting, displaying or otherwise attaching thereto any bills, posters,
signs, advertisements, notices or in any manner or way to render said poles
unsightly; provided, that this shall not be construed so as to prevent any
state, county or city officer from posting legal notices. Anyone violating this section shall be fined
in a sum not exceeding ten dollars.
Chapter 9.62 Consumer
Protection – Solicitors
Sections:
9.62.010 Policy.
9.62.020 License Required.
9.62.030 Application and Review.
9.62.040 Expiration and Payment of Fees.
9.62.050 Fee Schedule.
9.62.060 Exemptions.
9.62.070 Violation—Penalty.
9.62.010 Policy.
In recognition of its citizens’ rights of peaceful enjoyment and privacy
it is the policy of the City of
9.62.020 License Required. Any person or entity engaged in the practice
of going into private residences in the City of Dillon, not having been
requested or invited to do so by the owner or owners, occupant or occupants of
private residences within the City of Dillon, for the purpose of soliciting
orders for the sale of goods, wares and merchandise and/or for the purpose of
disposing of and/or peddling or hawking same shall first obtain a valid license
from the City of Dillon.
9.62.030 Application and Review. Application for a City solicitors license
shall be made at City Hall. Application
shall be accompanied by the necessary fee.
Upon receipt of said application and fee, the Chief of Police shall
review said application and determine whether inspection or investigation is
necessary by any of the City Departments.
In the event such investigation is deemed necessary, the Chief of Police
will await the specific report requested and thereafter act upon said
application. If no investigation is
deemed necessary, the Chief of Police shall deny or grant the business license
applied for.
9.62.040 Expiration and Payment of Fees. All license fees shall be payable yearly, in
advance, on or before January 1 of each year.
All fees for licenses shall be payable yearly, in advance on or before
the date of expiration of the license which shall be December 31.
9.62.050 Fee Schedule. All licensee shall pay a license fee of Fifty
Dollars ($50.00) per year.
9.62.060 Exemptions. All non-profit persons or entities shall be
exempt from the licensing requirement.
9.62.070 Violation—Penalty. Any person or entities guilty of violating
this ordinance shall, upon conviction thereof, be fined in a sum not less than
twenty-five dollars, or not more than one hundred dollars. (Prior code §447)
Chapter 9.68 Offenses By Or
Against Minors - Curfew
Sections:
9.68.010 Designated.
9.68.020 Hours.
9.68.030 Responsibility of parent or guardian.
9.68.040 Punishment.
9.68.010 Designated. It is unlawful for any minor under the age of
eighteen years to remain away from his home at late and unusual hours of the
nighttime. It is recognized that what is
a late and unusual hour of the nighttime may vary with the circumstances and
from time to time, and in determining whether a minor has violated the
provisions of this chapter, the law enforcement officers and the courts shall
take into account all the surrounding circumstances, such as: whether gainfully
employed, and whether such employment requires said minor to be away from his
home at times which would otherwise be considered late and unusual; whether
such minor is attending or en route home from legitimate places of recreation,
entertainment, education and worship, including sport events, moving picture
theaters, youth centers, and church services, and finally, the amount of time
which should reasonably be spent to effect a return home from such places and
functions. (Ord. 288 §1, 1985)
9.68.020 Hours.
Subject to the provisions of Section 9.68.010 and to serve as a guide
for parents and minors in observing this chapter, the following hours shall be
presumed late and unreasonable and any arrest based thereon shall be lawful:
A. For
all minors under the age of fourteen years of age:
1. The period of time between nine-thirty
p.m. and five a.m. of the day following a Sunday, Monday, Tuesday, Wednesday
and Thursday,
2. The period of time between ten p.m. and
five a.m. of the day following on Friday and Saturday and any day preceding a
legal holiday;
B. For
all minors the age of fifteen years of age:
1. The period of time between ten p.m. and
five a.m. of the day following on Sunday, Monday, Tuesday, Wednesday and
Thursday,
2. The period of time between eleven p.m.
and five a.m. of the day following on Friday and Saturday and any day preceding
a legal holiday;
C. For
all minors the age of sixteen to eighteen years of age:
1. The period of time between ten p.m. and
five a.m. of the day following on Sunday, Monday, Tuesday, Wednesday and
Thursday.
2. The period of time between twelve a.m.
and five a.m. of the day following on Friday and Saturday and any day preceding
a legal holiday.
9.68.030 Responsibility of parent or guardian. It is unlawful for a parent or guardian or
other adult person having the care and custody of a minor under the age of
eighteen years to allow said minor to remain away from his home at late and
unusual hours of the nighttime unless said minor is accompanied by said parent
or guardian or custodian. Any parent or
guardian or other adult person whose ward has been found guilty by the proper
court of a violation of this chapter is guilty of a misdemeanor. In any prosecution under this chapter, it
shall not constitute a defense that said parent or guardian or adult person did
not have knowledge that his ward did remain away from his home at late and
unusual hours of the nighttime, nor shall it be a defense that he gave his
consent thereto. (Ord. 288 §3, 1965)
9.68.040 Punishment. Any minor under the age of eighteen years who
is apprehended for a violation of this chapter shall be dealt with in
accordance with the provisions of the Montana Youth Court Act.
Chapter 9.78 Weapons -
Fireworks and Bows
Sections:
9.78.010 Firing Bows.
9.78.020 Discharge of fireworks prohibited within city—exceptions.
9.78.030 Violation—Penalty.
9.78.010 Firing Bows.
(1)
Except as provided in subsections
(2), it is unlawful to willfully shoot, discharge or fire off a bow or crossbow
or any other device used to propel missiles through the air, within the City
limits.
(2)
Bow or crossbows may be
discharged at an indoor or outdoor shooting range within the City limits if the
shooting range is approved by the Chief of Police.
9.78.020 Discharge of fireworks prohibited within city
- exceptions. It is unlawful for any
person or persons to explode, burn, ignite or fire off any rockets,
firecrackers, roman candles, torpedoes or any other kind or species of
fireworks or pyrotechnic display containing any substance of any explosive
nature, within the limits of the City of
9.78.030 Violation - Penalty. Anyone found guilty of violation of this
chapter, on conviction, be fined in any sum not less than $25.00, nor more than
$200.00 for each offense.