HOUSE BILL NO. 370
INTRODUCED BY J. POMNICHOWSKI
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING UNIFORM PENALTIES FOR VIOLATIONS OF ZONING LAWS, ORDINANCES, OR REGULATIONS; PROVIDING THAT A VIOLATION OF A ZONING LAW, ORDINANCE, OR REGULATION IS AN ABSOLUTE LIABILITY OFFENSE; ALLOWING A GOVERNING BODY TO PROVIDE CIVIL PENALTIES; PROVIDING THAT EACH DAY OF VIOLATION CONSTITUTES A SEPARATE VIOLATION; AMENDING SECTIONS 76-2-211 AND 76-2-315, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Violations and penalties. (1) A violation of this part or of a resolution adopted pursuant to this part is a misdemeanor and is punishable by a fine of up to $500 or by imprisonment in the county jail for a term not exceeding 6 months, or both. The violation is an absolute liability offense as provided for in 45-2-104.
(2) The governing body may also provide civil penalties not to exceed $100 for a violation of this part or of a resolution adopted pursuant to this part. Each day of violation constitutes a separate violation.
Section 2. Section 76-2-211, MCA, is amended to read:
"76-2-211. Violations and penalties. (1) A violation of this part or any of a resolution adopted pursuant thereto to this part is a misdemeanor and shall be is punishable by a fine not exceeding of up to $500 or by imprisonment in the county jail for a term not exceeding 6 months, or both. The violation is an absolute liability offense as provided for in 45-2-104.
(2) The governing body may also provide civil penalties not to exceed $100 for a violation of this part or of a resolution adopted pursuant to this part. Each day of the violation constitutes a separate violation."
Section 3. Section 76-2-315, MCA, is amended to read:
"76-2-315. Violations and penalties. (1) A violation of this part or of such an ordinance or regulation made adopted pursuant to 76-2-308(1) is a misdemeanor, and such the city or town council or other legislative body may provide for the punishment thereof of the violation by a fine of up to $500, or by imprisonment in the county jail for a term not exceeding 6 months, or both. The violation is an absolute liability offense as provided for in 45-2-104.
(2) It is also empowered to The city or town council or other legislative body may also provide civil penalties not to exceed $100 for such a violation of this part or of an ordinance or regulation adopted pursuant to 76-2-308(1). Each day of violation constitutes a separate violation."
NEW SECTION. Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 76, chapter 2, part 1, and the provisions of Title 76, chapter 2, part 1, apply to [section 1].
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 370 (HB0370.01)
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