61-12-401. Taking vehicle into custody. (1) The following law enforcement agencies may take into custody any motor vehicle found abandoned for a period of 48 hours or more on any public highway, or for a period of 5 days or more on any city street, public property, or private property:
     (a) the Montana highway patrol if the vehicle is upon the right-of-way of any public highway other than a county road;
     (b) the sheriff of the county if the vehicle is upon the right-of-way of any county road within the county;
     (c) the city police if the vehicle is upon a city street within the city.
     (2) The Montana highway patrol, sheriff of the county, or the city police may use its or his personnel, equipment, and facilities for the removal and storage of the vehicle, or may hire other personnel, equipment, and facilities for those purposes.
     (3) At the request of the owner or person in lawful possession or control of the private property, the sheriff of the county in which the vehicle is located or the city police of the city in which the vehicle is located may remove and hold it in the manner and upon the conditions provided in subsections (1) and (2).

     History: En. Sec. 2, Ch. 288, L. 1967; amd. Sec. 2, Ch. 169, L. 1969; R.C.M. 1947, 53-902; amd. Sec. 1, Ch. 445, L. 1979; amd. Sec. 6, Ch. 88, L. 1987.