7-5-4104. Control of nuisances -- exception, MCA

Montana Code Annotated 2025

TITLE 7. LOCAL GOVERNMENT

CHAPTER 5. GENERAL OPERATION AND CONDUCT OF BUSINESS

Part 41. Conduct of Municipal Government

Control Of Nuisances -- Exception

7-5-4104. Control of nuisances -- exception. (1) The city or town council has power to:

(a) define, control, and abate all conditions:

(i) that endanger health or safety;

(ii) that are offensive to the senses; or

(iii) that obstruct the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons; and

(b) enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous locations in the municipality.

(2) A condition that affects an entire committee or neighborhood or any considerable number of persons as provided in subsection (1)(a)(iii) is no less a nuisance because the extent of the annoyance or damage inflicted on individuals is unequal.

(3) The city or town council may not prohibit the placing of a "notice of violation" card on a motor vehicle illegally parked in an accessible parking space.

History: En. Subds. 33, 81, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.32, 5039.80, R.C.M. 1935; R.C.M. 1947, 11-935, 11-983; amd. Sec. 2, Ch. 406, L. 1993; amd. Sec. 3, Ch. 67, L. 1997; amd. Sec. 2, Ch. 390, L. 2021; amd. Sec. 2, Ch. 522, L. 2025.