Montana Code Annotated 2017



Part 1. Conduct Disruptive of Public Order

Action To Abate Public Nuisance

45-8-112. Action to abate public nuisance. (1) A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the 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 the action, the judge may issue a temporary injunction.

(3) In an 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 must be entered as part of the judgment in the case. The judge issuing the order may:

(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 must remain in the custody of the court;

(c) allow the premises to be opened upon posting bond sufficient in amount to ensure compliance with the order of abatement. The bond must be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond is as provided in 46-9-502 and 46-9-503.

(d) impose any combination of subsections (4)(a) through (4)(c).

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); amd. Sec. 1698, Ch. 56, L. 2009.