Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 Council
2.08 Municipal Officers
2.12 Zoning Compliance Officer
2.20 Court
2.24 Police Department
2.28 Zoning Commission and Board of
Adjustment
2.32 Elections
2.36 Civil Rights
2.40 Personnel
Chapter 2.04
COUNCIL
Sections:
2.04.010 Qualifications of alderman/town
councilor.
2.04.020 Powers of council.
2.04.030 Meetings -- Regular and special.
2.04.040 Meetings -- Time.
2.04.050 Quorum.
2.04.060 President.
2.04.070 Order of business.
2.04.080 Rules of the council.
2.04.090 Standing committees.
2.04.100 Ordinance book maintenance.
2.04.110 Keeping of journal.
2.04.010 Qualifications of town councilor. No person is eligible for the office of town
councilor unless he is a resident for at least sixty days preceding the
election to office of the ward electing him or of an area, which has been
annexed by the town and placed in the ward.
(Ord. 1990-6 Section 1, 1990: prior code Section 2-5-01)
2.04.020 Powers of council. The town council has the power to:
A. Determine the rules of its proceedings.
B. Make and pass all ordinances, orders and resolutions not
repugnant to the Constitution of the United States or of the state, or of the
provisions of state law, necessary for the government or management of the
affairs of the municipality, for the execution of the powers vested in the body
corporate by the state;
C. Fix compensation for, and prescribe the duties of, all
officers and other employees of the municipality, subject to the limitations
set forth in the laws of Montana;
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D.
Require a report in detail from any officer of the
municipality at any time
regarding the transactions of
his office, or any matter connected therewith;
E. Make any and all contracts necessary to carry into effect
the powers granted by the laws of Montana, and to provide for the manner of
executing the same;
F. Make regulations authorizing the police of the
municipality to make arrests of persons charged with crime, within the limits
of the municipality and within five miles thereof, and along the line of the
water supply of the municipality;
G. Impose fines and penalties for the violations of any
municipal ordinance, but no fine or penalty shall exceed five hundred dollars,
and no imprisonment shall exceed six months for any one offense. (Prior code Section 2-5-02)
2.04.030 Meetings -- Regular and special.
A. The council shall hold regular meetings for the
transaction of municipal business on the first Tuesday of each month, and such
other meetings to which the council, by order, may adjourn, or which may be
called.
B. Special meetings may be called by the mayor, or at the
written request of three members of the council, filed with the town clerk, on
their requisition, giving at least three days' notice thereof, in writing, to
all members of the council present in the town. Whenever all members of the council and the mayor are present and
waive notice of the time and place of holding any special meeting, and such
waiver is noted in the journal of the council's proceedings, such special
meeting shall be valid without notice.
(Prior code Section 2-5-11)
2.04.040 Meetings -- Time.
A. The council shall convene at seven p.m. unless otherwise
ordered.
B. The mayor shall call the council to order, and the town
clerk shall proceed to call the roll, and record in the minutes the names of
all members present and note the members absent. The clerk shall then announce whether or not a quorum is present.
C. All meetings shall be held in the town hall unless
otherwise ordered. (Prior code Section
2-5-13)
2.04.050 Quorum. A majority of the members of the council
shall constitute a quorum for the transaction of business, but a lesser number
may meet and adjourn to any time stated, and may compel the attendance of
absent members under such rules and penalties as the council may
prescribe. (Prior code Section 2-5-04)
2.04.060. President. At its first meeting succeeding the
annual election, the council shall elect one of its members as president of the
council. In the absence of the mayor,
the president shall be the presiding officer of the council, and may perform
the duties of the mayor. (Prior code section
2-5-12)
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2.04.070. Order of business.
A. Unless otherwise directed by special order of the council
entered in the journal, the order of business for council meetings shall be:
1. First, reading, correcting, if necessary, and approving
the minutes of the last
meeting; approval of financial reports and warrants;
2. Second, reports of officers;
3. Third, reports of standing committees;
4. Fourth, presentation of
communications/public comment regarding agenda items;
5. Fifth, unfinished business;
6.
Sixth, new business;
7.
Seventh, communication/public comment on non-agenda items.
B. All questions relating to the priority of business shall
be decided without debate. (Prior code
Section 2-5-13)
2.04.080. Rules of the council. The proceedings of the council shall in all
cases be governed by the following rules, unless the same are suspended
temporarily by a vote of a majority of the council:
A. The mayor, or in his absence the president of the
council, shall preserve order and decorum, and shall decide all questions of
order, subject to appeal to the council.
B. Prior to speaking, every person shall address the mayor,
and shall not proceed until recognized by him.
C. Every person shall rise while addressing the council, if
requested.
D. When two or more persons address the presiding officer,
the first arising shall have precedence.
E. While a question is being put, no member shall speak or
walk across the council room or leave the room.
F. When any member is addressing the council, no other
member shall engage in private conversation or do any act to divert or
interrupt the speaker.
G. No member shall speak more than twice on the same subject
without leave of the council, nor more than once until every member desiring to
speak on the pending question has had an opportunity to do so.
H. No motion shall be debated or put unless the same is
seconded. It shall then be stated by
the presiding officer, and at the request of any member shall be reduced to
writing.
I. After a motion has been stated by the presiding officer,
it shall be deemed in possession of the council, but may be withdrawn at any
time before amendment or decision by the mover with the consent of his second.
J. If a question under consideration contains more than one
distinct proposition, any member may demand a division.
K. When a question is under debate, no motion shall be
entertained except the following motions:
1. To adjourn;
2. To lay on the table;
3. For the previous question;
4. To postpone to a certain day;
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5. To commit to a standing committee;
6. To amend;
7. To postpone indefinitely.
These motions shall take
precedence in the order in which they are stated.
L. A motion to adjourn shall always be in order, save when a
member is addressing the chair or a vote is being taken. Motions to adjourn and lay on the table
shall not be debatable.
M. Every member of the council present shall vote upon every
question submitted to the council, unless excused or unless directly
interested.
N. No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.
O. No motion for a reconsideration shall be in order unless
made at the same meeting or the meeting following that on which the decision
was made, nor shall such motion be made save by one who voted with the majority
upon the adoption.
P. In all cases the name of the member proposing a motion or
resolution shall be entered with it in the journal of the proceedings.
Q. The ayes and nays shall be called and recorded on the
final passage of any ordinance, bylaw, resolution or the making of any
contract.
R. The voting on the election or appointment of any officer
shall be done orally. A majority of the
whole number of the members elected is required to appoint or elect an
officer. Such vote shall be recorded in
the journal of the proceedings.
S. The mayor shall vote only in the case of a tie, and by
his vote, all ties shall be decided.
T. All petitions, communications, ordinances and resolutions
shall be reduced to writing before being submitted to the vote of the council.
U. In all parliamentary practice not herein provided for,
the major, with the consent of the council, shall select a standard work on
rules of order, and shall see that a copy of this work is present and available
at all meetings of the council. (Prior
code Section 2-5-21)
2.04.090 Standing committees. The mayor may appoint any standing
committees that he deems necessary for the orderly processing of business of
the town. (Prior code Section 2-5-15)
2.04.100 Ordinance book maintenance. All ordinances, bylaws and resolutions
passed by the council and approved by the mayor, or the person acting in his
stead, shall be recorded in a book kept by the clerk called "the ordinance
book," and numbered in the order in which they are passed. (Prior code Section 2-5-31) The Ordinance Book shall be reviewed by
mayor and council or by committee every five years.
2.04.110 Keeping of journal. The council shall cause a journal to be kept
of its proceedings, which shall be open to inspection. (Prior code Section 2-5-03)
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Chapter 2.08
MUNICIPAL OFFICERS
Sections:
2.08.010 Qualifications for
Mayor
2.08.010 Qualifications for mayor.
A. No person is eligible for the office of mayor unless s/he is at least twenty-one years of age, has been a resident of the State of Montana for at least three years, and has been a resident of the Town or an area that has been annexed by the Town for at least two years preceding the election to office.
B. The office of mayor is considered vacant if the individual elected as mayor ceases to be a resident of the town. (Ord. 1990-9 Section 1, 1990: prior code Section 2-8-01)
2.08.020 Procedure for
Electing Mayor
The mayor shall be elected at large by a majority of votes. Elections for the mayor’s office shall be held every four years in even numbered years.
2.08.030 Duties of the Mayor
A.
The
mayor shall:
1.
Enforce
laws, ordinances, and resolutions;
2.
Perform
duties required of him or her by law, ordinance, or resolution;
3.
Administer
affairs of the local government;
4.
Carry
out policies established by the council;
5.
Recommend
measures to the council;
6.
Report
to the council on the affairs and financial condition of the local government;
7.
Executes
bonds, notes, contracts and written obligations of the council, subject to
approval by the council;
8.
Report
to the council, as the council may require;
9.
Attend
council meetings and may take part in discussions;
10.
Execute
the budget adopted by the council; and
11.
Appoint,
with the consent of the council, all members of boards; except the mayor may
appoint without consent of the council temporary advisory committees
established by the mayor.
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2.08.031 Structural Characteristics of the
Local Government
In addition to the duties of the mayor set forth in Sections 2.08.020, as well as the duties of the council set forth in 2.04.020 and the duties of the municipal officers set forth in Section 2.12, the following structural characteristics of the local government are as follows:
2.08.032 Administrative Assistants
The mayor may appoint one or more administrative assistants to assist him or her in the supervision and operation of the local government, and such administrative assistant(s) shall be answerable solely to the executive.
2.08.033 Supervision
of Personnel
The mayor may appoint and remove all employees of the local government.
2.08.034 Veto
Power
The mayor may veto ordinances and resolutions, subject to override by a two-thirds vote of the council.
2.08.035 Preparation
of the Budget
The mayor shall prepare the budget in consultation with the council and departments heads.
2.08.036 Administrative
Supervision and Control
The mayor shall exercise control and supervision of all departments and boards to the degree authorized by ordinance of the Council.
2.08.037 Financial Officer
A financial officer, or treasurer may, at the discretion of the council, be selected as provided by ordinance.
2.08.038 Selection of Council Members
The council shall be elected by Wards in which candidates must reside and are apportioned by population.
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2.08.039 Chairman of the Council
The council shall have a chairman who shall be elected by the members of the council from their own number for a term established by ordinance. The Chairman shall be considered to be the presiding officer of the council, who may vote as other members of the council.
2.08.040 Terms
of Council Members
Council members shall be elected for concurrent terms of office. Council members’ terms may not exceed 4 years.
2.08.041 Size of Council
The Council may not have less than three members.
2.08.42
Form of Government
The local government of Hot Springs Montana is a “Mayor-Council” Form of
Government which consists of an elected council and an elected mayor.
(Ref. MCA §7-3-201).
2.08.42
Nature of
Government
The local government of Hot Springs Montana operates under general
government powers.(Ref. MCA §7-3-202).
2-12.10
Appointment.
The Zoning Compliance
Officer shall be appointed by the mayor, subject to confirmation by the town
council.
2.12.020 Duties. The Zoning Compliance Officer shall, under
the direction of the town council, enforce the provisions of the zoning
ordinances contained in this code and he shall carry out the duties of the
zoning Compliance Officer as set forth in these ordinances.
2-12-030 Powers. The
Zoning Compliance Officer shall have the power to issue compliance permits in
the name of the Town, to inspect all proposed or existing improvements for
compliance with the zoning codes, to examine all real property for compliance
with this code, and issue citations in the name of the town for violation of
those regulations which he has a duty to enforce.
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Chapter 2.20
COURT
Sections:
2.20.010 Town court established.
2.20.020 Concurrent jurisdiction.
2.20.030 Exclusive jurisdiction.
2.20.040 Exceptions to civil jurisdiction.
2.20.050 Prosecutor.
2.20.060 Naming of plaintiff.
2.20.070 Contempt--Jurisdiction of town
judge.
2.20.010 Town court established.
A. A town court is established in the town.
B. The town judge shall establish regular sessions of the
court.
C. On judicial days, the court shall be open for all
business, civil and criminal. On
non-judicial days, as defined in MCA 3-1-302, the court may transact criminal
business only.
D. Police court is renamed town court, and all references to
police court or police judges in this code shall be considered amended to read
town court or town judge. (Ord. 1990-2
Section 1 (part), 1990)
2.20.020 Concurrent jurisdiction.
A. The town court has concurrent jurisdiction with the
justice's court of all misdemeanors and proceedings mentioned and provided for
under MCA Title 3, Chapter 10, Part 3.
B. Applications for search warrants and complaints charging
the commission of a felony may be filed in the town court. When they are filed, the town judge has the
same jurisdiction and responsibility as a justice of the peace, including the
holding of a preliminary hearing. The
town attorney may file an application for a search warrant or a complaint
charging the commission of a felony when the offense was committed within the
town limits. The county attorney,
however, must handle any action after a defendant is bound over to district
court. (Ord. 1990-2 Section 1 (part),
1990)
2.20.030 Exclusive jurisdiction. Except as provided in MCA 3-11-104, the town
court has exclusive jurisdiction of:
A. Proceedings for the violation of an
ordinance of the town, both civil and criminal;
B. When the amount of the taxes or
assessments sought does not exceed two thousand five hundred dollars, actions
for the collection of taxes or assessments levied for any of the following
purposes, except that no lien on the property taxes or
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assessed for the nonpayment of
the taxes or assessments may be foreclosed in any such action:
1. Town purposes,
2. The erection or improvement of public buildings,
3. The laying out, opening or improving of a public street, sidewalk,
alley or bridge,
4. The acquisition or improvement of any public grounds; and
5. Public improvements made or ordered by the town within its
limits;
C. Actions for the collection of money due
to the town or from the town to any person when the amount sought, exclusive of
interest and costs, does not exceed two thousand five hundred dollars;
D. When the amount claimed, exclusive of
costs, does not exceed two thousand five hundred dollars, actions for:
1. The breach of an official bond given by a town officer,
2. The breach of any contract when the
town is a party or is in any way interested,
3. Damages when the town is a party or is in any way
interested,
4. The enforcement of forfeited
recognizance’s given to, for the benefit, or on behalf of the town, and
5. Collection on bonds given upon an appeal taken from the judgment
of the court in any action mentioned in subdivisions 1 through 4 of this subsection;
E. Actions for the recovery of personal
property belonging to the town when the value of the property, exclusive of the
damages for the taking or detention, does not exceed two thousand five hundred
dollars; and
F. Actions for the collection of a license
fee required by an ordinance of the town.
(Ord. 1990-2 Section 1 (part), 1990)
2.20.040 Exceptions to civil jurisdiction. Town courts do not have jurisdiction in
civil actions that might result in a judgment against the state for the payment
of money. (Ord. 1990-2 Section 1
(part), 1990)
2.20.050 Prosecutor. Except as provided in MCA 46-17-203, the
town attorney must prosecute all cases for the violation of any ordinance and
prosecute, conduct and control all proceedings in cases mentioned in Section
2.20.030 of this chapter, both in the town court and on appeal from the town
court to the district court. (Ord.
1990-2 Section 1 (part), 1990)
2.20.060 Naming
of plaintiff.
A. A criminal action brought for violation
of a town ordinance must be brought in the name of the town as the plaintiff
and against the accused as the defendant.
B. A criminal action brought for violation
of a state law within the town may be brought either in the name of the state
as the plaintiff or in the name of the town as the plaintiff and must be
brought against the accused as the defendant.
B.
A criminal action brought for violation of a state law
within the county and
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C.
within its concurrent jurisdiction with the justice's
court must be brought in the name of the state as the plaintiff and against the
accused as the defendant.
D. A civil action brought in the town court
must be prosecuted or defended in the same manner as a civil action in
justices' courts under the Montana Justice Courts Rules of Civil Procedure, MCA
Title 25, Chapter 22. (Ord. 1990-2
Section 1 (part), 1990)
2.20.070 Contempt -- Jurisdiction of town
judge. A town judge may
punish for contempt persons guilty of the following acts and no others:
A. Disorderly, contemptuous or insolent
behavior toward the judge while holding the court tending to interrupt the due
course of a trial or other judicial proceeding;
B. A breach of the peace, boisterous
conduct or violent disturbance in the presence of the judge or in the immediate
vicinity of the court held by him tending to interrupt the due course of a
trial or other judicial proceeding;
C. Disobedience or resistance to the
execution of a lawful order or process made or issued by the judge;
D. Disobedience to a subpoena duly served
or refusal to be sworn or to answer as a witness;
D.
Rescuing any person or property in the custody of an
officer by virtue of an order or process of the court. (Ord. 1990-2 Section 1 (part), 1990)
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Chapter 2.24
POLICE DEPARTMENT
Sections:
2.24.010 Designated.
2.24.020 Departmental supervision.
2.24.030 Appointment of members.
2.24.040 Chief of police -- Duties.
2.24.050 Chief of police -- Powers.
2.24.060 Chief of police -- Animal records
maintenance.
2.24.070 Chief of police -- Traffic
violations records maintenance.
2.24.080 Chief of police -- Promulgation of
regulations.
2.24.090 Officers -- Duties.
2.24.100 Officers -- Powers.
2.24.110 Officers -- Direction of traffic.
2.24.120 Special officers.
2.24.130 Disposition of unclaimed property.
2.24.010 Designated. The chief of police, together with any peace
officers subordinate to him, and the administrative personnel of his office,
shall be known as the police department.
(Prior code Section 2-3-01)
2.24.020 Departmental supervision. The mayor shall have charge of and
supervision over the police department.
He shall enforce the observance of all ordinances that regulate the
management and discipline of the police department. (Prior code Section 2-3-02)
2.24.030 Appointment of members. The mayor shall nominate, and with the
consent of the council, appoint one chief of police and such subordinate
officers of the police force as may be required. (Prior code Section 2-3-03)
2.24.040 Chief of police -- Duties. It is the duty of the chief of police to:
A. Execute and return all process
issued by the police judge, or directed to him by any legal authority, and to
attend upon the police court regularly;
B. Arrest all persons guilty of a
breach of the peace or for the violation
of any municipal ordinance;
C. Have charge and control of all
policemen, subject to such rules as may be prescribed by ordinance, and to
report to the council all delinquencies or neglect of duty or official misconduct
of policemen for action of the council;
D. Enforce the traffic and public peace
ordinances;
E. Investigate accidents;
F. Enforce the town regulations
governing animals;
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G. Keep good and clear records of all
the transactions of his office;
H. Perform such other duties as the
council may prescribed;
I. Attend all regular meetings of the
city council and such other meetings as the mayor may require. (Prior code Section 2-3-11)
2.24.050 Chief
of police -- Powers. The chief
of police shall have power to:
A. Execute process for the town;
B. Make arrests for violations of the
ordinances or codes of the municipality;
C. Have charge and control over all
policemen;
D. Enforce the ordinances of the town,
unless another officer of the town is given the authority to enforce them. The chief of police shall have the same
powers as a constable in the discharge of his duties, but he shall not serve a
process in any civil action or proceeding except within the municipality as a
party. (Prior code Section 2-3-12)
2.24.060 Chief of police -- Animal records
maintenance. The chief of
police shall maintain the dog registry, and shall maintain records of the
disposition of any animals which have been impounded. These records shall be kept for a period of five years and shall
be open to the public upon request.
(Prior code Section 2-3-13)
2.24.070 Chief
of police -- Traffic violations records maintenance.
A. The chief of police shall keep a
record of all violations of the traffic ordinances of the town, together with a
record of the final disposition of all such alleged offenses. Such record shall be maintained as to show
all types of violations and the total of each.
Each record shall accumulate during a five-year period, and shall be
preserved by the chief of police for an additional five-year period.
B. All forms for records of violations
and notices of violations shall be serially numbered.
C. For each month and year a written
record will be kept available to the public showing the disposal of all such
forms.
D. All records and reports shall be
made public records. (Prior code
Section 2-3-14)
2.24.080 Chief of police -- Promulgation
of regulations. The
chief of police with the approval of the mayor may make regulations necessary
to provide for emergencies or special conditions. No such temporary or experimental regulation shall remain in
effect for more than ninety days.
(Prior code Section 2-3-15)
2.24.90
Officers -- Duties. The
police officers of the municipality shall carry out the orders of their
superior officers and observe the rules and regulations prescribed for the
discipline of the police force. Within
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the
limits prescribed by law, they shall do all things necessary for the
prevention and detection of
crime in the municipality. (Prior code
Section 2-3-21)
2.24.100 Officers
-- Powers.
A. The authority of the police of the
town shall include the power to arrest persons charged with a crime:
1. Within the limits of the city or
town;
2. Within five miles thereof; and
3. Along the line of water supply of
the town.
B. The police of the town shall have
the power to prevent and punish intoxication, fights, riots, loud noises,
disorderly conduct, obscenity and acts or conduct calculated to disturb the
public peace or which are offensive to public morals, within three miles of the
limits.
C. Nothing in this section shall be
construed to limit powers previously granted or had by the council or the
police, but shall be in addition thereof.
(Ord. 175 Sections 1--4, 1982)
2.24.110 Officers -- Direction of traffic. Officers of the police department are
authorized to direct all traffic by voice, hand or signal in conformance with
the town ordinances; provided, however, that officers of the police department
may direct traffic as conditions require in the event of fire or other
emergency. Officers of the fire
department, when at the scene of a fire, may direct or assist the police in
directing traffic in the immediate vicinity of the fire. (Prior code Section 2-3-22)
2.24.120 Special officers. Whenever the mayor considers it necessary to
increase the police force, he may employ suitable persons as special policemen,
subject to the consent of the council.
(Prior code Section 2-3-23)
2.24.130 Disposition
of unclaimed property.
A. Any article of personal property acquired by
the police department in the course of its law enforcement activities shall be
held by the department for thirty days, unless claimed by the owner before
then. If unclaimed after thirty days, the
property may be sold by the chief of police at public auction for cash to the
highest bidder, or may be disposed of as provided for in subsection E of this
section.
B.
The chief of police shall give notice of the time and
place of the sale of unclaimed personal property by publishing a notice thereof
in a newspaper of general circulation published within the municipality, or, if
none exists, in a newspaper of general circulation in the county. If any property to be sold is of the value
of one hundred dollars or more, the notice shall contain a general description
of such property with the name of the owner thereof, if known.
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C.
The chief of police shall make a list, in duplicate, of
the property sold,
giving as far as possible, a general
description of each piece of
property sold and the name of
the owner, if known, and the amount
of money derived from the sale of
the property. One copy of the list
shall be retained by the chief of police and the other delivered to the
municipal clerk.
D.
All moneys derived from sales of unclaimed personal
property shall be deposited in the general fund of the municipality.
E.
When
any unclaimed article of personal property is of a value less than fifty
dollars, the chief of police may authorize it to be given to any organization
which will use such property for public or charitable purposes. If an unclaimed article of personal property
is clearly of no worth whatsoever, the chief of police may authorize it to be
destroyed. For all such property given
away, the chief of police shall obtain a receipt, and he shall file a list of
all property given away or destroyed with the town clerk, showing the estimated
value of each article. (Prior code
Sections 3-31--2-3-35)
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Chapter 2.28
ZONING COMMISSION AND BOARD OF ADJUSTMENT
Sections:
2.28.010 Appointment.
2.28.020 Powers.
2.28.010 Appointment. The
zoning commission and board of adjustment, hereinafter called "the commission," shall consist of
five members to be appointed by the mayor subject to confirmation by the town
council. The members shall serve for
terms of three years each, and shall be removable for cause. (Prior code Section 2-9-01)
2.28.020 Powers. The commission shall have the following
powers:
A. To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of zoning regulations;
B. To hear and decide special
exceptions to zoning regulations;
C. To authorize upon appeal in specific
cases such variance from the zoning regulations as will not be contrary to the
public interest where, owing to special conditions, a literal enforcement of
the provisions of the regulations will result in unnecessary hardship, and so
that the spirit of them shall be observed and substantial justice done;
D. The commission shall have the power
to recommend to the town council such changes in the district boundaries or
regulations as it deems necessary or desirable;
E. The commission may from time to time
adopt such rules and regulations as may be deemed necessary to carry into
effect the provisions of the zoning regulations;
F. The commission shall recommend to
the town council the use, height and area districts in which each part of any
annexation to the town shall be placed;
G. The commission shall fix a
reasonable time for the hearing of the appeal, give public notice thereof, as
well as due notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing, any
party may appear in person or by attorney.
(Prior code Section 2-9-02)
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Chapter 2.32
ELECTIONS AND OFFICERS
Sections:
2.32.010 Held when -- Terms of office.
2.32.080 Polling place.
2.32.090 Interference with electors or
ballots.
2.32.100 Vacancies in office.
2.32.010 Held when -- Terms of office.
A. All elections shall be held in
accordance with Montana State law, at which the qualified electors of the
municipality shall elect the officers of the municipality whose terms of office
will expire, with aldermen to be voted for by the wards they respectively
represent.
B. The mayor shall hold office for the
term of four years, and until the qualification of his successor.
C. Each alderman/town councilor shall hold
office for four years, but the terms of aldermen shall be staggered, so that
one alderman from each ward will be elected every two years. (Prior code Section 1-5-01)
2.32.080 Polling place.
A. There shall be one polling place:
l. Town
Hall or Hot Springs Senior Center;
2.
Elections may be held by mail ballot.
B. The use of the polling place shall
be determined by the council not less than ninety days preceding any
election. (Prior code Section 1-5-11)
2.32.090 Interference with electors or
ballots. No person shall, by
bribery or other improper means or device, directly or indirectly attempt to
influence any elector in the casting of any ballot or interfere or hinder any
voter in the full and free exercise of his right to suffrage. (Prior code Section 1-5-31)
2.32.100 Vacancies in office. When a vacancy occurs in an office of a
candidate before the printing of the ballot for the general election, or if a
candidate declines the nomination, as provided in this chapter, or if any
certificate of nomination is or becomes insufficient from any cause, the
vacancy or vacancies thus occasioned may be filled in the manner required for
the original nomination, except that certificates of nomination need not be
filed within thirty days previous to the day of the election. (Prior code Section 1-5-27)
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Chapter 2.36
CIVIL RIGHTS
Sections:
2.36.010 Compliance -- Required.
2.36.020 Compliance -- Recordkeeping.
2.36.030 Compliance -- Hiring procedures.
2.36.040 Posting of rights -- Violation
reports.
2.36.010 Compliance -- Required. The town will comply with Title VI of the
Civil Rights Act of 1964 (42 USC 2000d et seq.) and the regulations issued
pursuant thereto (24 CFR Part 1), which provides that no person in the United
States shall on the grounds of race, creed or color, or national origin, be
excluded from participation in, be denied in the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the town
received federal financial assistance and will immediately take any measures
necessary to effectuate this assurance.
All employees of the town are ordered to so comply. (Ord. 3.88 Section 1, 1988)
2.36.020 Compliance -- Recordkeeping. The clerk shall establish a file for each
town employee and for each program or activity referred to in Section 2.36.010
of this chapter in which all records relating to the compliance required in
this chapter shall be maintained. (Ord.
3-88 Section 2, 1988)
2.36.030 Compliance -- Hiring procedures. On the occasion of the next hiring by the
town following the enactment of the ordinance codified in this chapter, the
clerk, in conjunction with the town attorney, shall develop a procedure by
which civil rights compliance may be assured in the hiring process. (Ord. 3-88 Section 3, 1988)
2.36.040 Posting of rights -- Violation
reports. The clerk shall post a
copy of this chapter in a conspicuous location in each building where town
employees are employed, and the clerk shall be responsible to report
allegations of violations of the civil rights to the mayor, whose
responsibility it shall be to act thereon.
(Ord. 3-88 Section 4, 1988)
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Chapter 2.40
PERSONNEL
Sections:
ARTICLE I. POLITICAL ACTIVITY
2.40.010 Political activity.
ARTICLE II. SICK LEAVE-Deleted per ordinance 003-03/3-4-03
2.40.020 Accruing sick leave.
2.40.030 Eligibility.
2.40.040 Leave in excess of three days.
2.40.050 Part-time and seasonal employees.
2.40.060 Lump sum payment upon termination.
2.40.070 Fraudulent claims.
2.40.080 Probationary employees.
2.40.090 Payment upon retirement.
ARTICLE III. VACATION Deleted per ordinance 003-03/3-4-03
2.40.100 Annual vacation leave.
2.40.110 Illness -- Not chargeable.
2.40.120 Entitlement upon retirement.
2.40.130 Payment for unused vacation.
2.40.140 Date of annual vacation.
2.40.150 Pay after separation.
ARTICLE I. POLITICAL ACTIVITY
2.40.010 Political activity.
A. The town will comply with MCA
13-35-226, 1987, and with USC Title 5, Chapter 15, and will immediately take
any measures necessary to effectuate this compliance. All employees of the town are ordered to so comply.
B. The clerk shall post a notice in a
conspicuous location in each building where town employees are employed stating:
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As an employee of the Town of
Hot Springs, you are required to comply with Section 13-35-226 M.C.A. (l987) and Title 5, Chapter 15 U.S. Code
which control certain types of political activity by public employees. Copies of those laws may be obtained from
the Town Clerk.
C. The clerk shall establish a file for
each town employee in which all records relating to the compliance required in
this chapter shall be maintained.
D. At the conclusion of each local,
county, state or national election, the mayor shall survey the town's employees
to determine whether violations have occurred.
The records of the survey shall be placed in the files established in
subsection C of this section. (Ord.
1-88 Sections 1--4, 1988)
ARTICLE II, SICK LEAVE
Deleted per ordinance
003-03 3-4-03
ARTICLE III. VACATION
Deleted per ordinance
003-03 3-4-03
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