Montana Code Annotated 1997

MCA ContentsSearchPart Contents

     45-8-112. Action to abate a public nuisance. (1) Every public nuisance may be abated and the persons maintaining such nuisance and the possessor of the premises who permits the same to be maintained may be enjoined from such conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.
     (2) Upon the filing of the complaint in such action, the judge may issue a temporary injunction.
     (3) In such action evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.
     (4) If the existence of the nuisance is established, an order of abatement shall be entered as part of the judgment in the case. The judge issuing the order may, in his discretion:
     (a) confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the county general fund, destroy them, or return them to their rightful ownership;
     (b) close the premises for any period not to exceed 1 year, during which period the premises shall remain in the custody of the court;
     (c) allow the premises to be opened upon posting bond sufficient in amount to assure compliance with the order of abatement. The bond shall be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond shall be as provided in 46-9-502 and 46-9-503; or
     (d) any combination of the above.

     History: En. 94-8-107 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 30, Ch. 359, L. 1977; R.C.M. 1947, 94-8-107(5).

Previous SectionHelpNext Section
Provided by Montana Legislative Services