7-4-4111. Determination of vacancy in municipal office. An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent:
     (1) the death of the incumbent;
     (2) a determination pursuant to Title 53, chapter 21, part 1, that he is mentally ill;
     (3) his resignation;
     (4) his removal from office;
     (5) his absence from the city or town continuously for 10 days without the consent of the council;
     (6) his open neglect or refusal to discharge his duties;
     (7) his ceasing to be a resident of the city or town or, in the case of an alderman, his ceasing to be a resident of his ward;
     (8) his ceasing to discharge the duty of his office for a period of 3 consecutive months, except when prevented by illness or when absent from the city or town by permission of the governing body;
     (9) his conviction of a felony or of any offense involving moral turpitude or a violation of his official duties;
     (10) his refusal or neglect to file his official bond within the time prescribed;
     (11) the decision of a competent tribunal declaring void his election or appointment.

     History: En. Sec. 4758, Pol. C. 1895; re-en. Sec. 3234, Rev. C. 1907; re-en. Sec. 5013, R.C.M. 1921; re-en. Sec. 5013, R.C.M. 1935; amd. Sec. 1, Ch. 7, L. 1973; R.C.M. 1947, 11-719(part); amd. Sec. 1, Ch. 233, L. 1981.