Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Wards
1.12 Town Seal
1 13 Places of Publications
1.16 Ordinances
1.20 General Penalty
Chapter 1.01
CODE ADOPTION
1.01.010 Code Adoption.
The ordinances and laws of the Town of Hot Springs are hereby adopted as
attached to this ordinance of recodification.
(ORD 96-04-1st read.
3-5-96-2nd read.4-2-96)
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Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Title and citation.
1.04.020 Definitions.
1.04.030 Interpretation of language.
1.04.040 Effect of headings.
1.04.050 Continuation of provisions.
1.04.060 Effect of code on past actions and
obligations.
1.04.070 Severability.
1.04.010 Title
and citation. This code shall be
known as the "Hot Springs Municipal Code," and it shall be sufficient
to refer to this code as the Hot Springs Municipal Code in any prosecution for
the violation of any provision of this code, or in any proceedings at law or
equity. (Prior code Section 1-1-0l)
1.04.020 Definitions. Unless the context otherwise requires, the
following words shall have the meanings and construction given them in this
section :
"Code" or "this
code" means the Hot Springs Municipal Code.
"Council" means the
council of the town of Hot Springs.
"MCA" is the
abbreviation for the Montana Code Annotated (2010).
"Municipal" refers to
the Town of Hot Springs.
"Municipality" means
the Town of Hot Springs.
"Person" means any
natural person, firm, association, joint venture, joint stock company,
partnership, organization, club, company, corporation, fraternal organization,
business, trust, or their manager, lessee, agent, servant, officer or employee
or any of them.
"State" means the
state of Montana.
"Town" means the town
of Hot Springs. (Ord. 1990-5 Section 1,
l990; prior code Section 1-1-03)
1.04.030 Interpretation
of language.
A. Gender. The masculine gender includes the feminine
and neuter.
B. Number. The
singular number includes the plural, and the plural number includes the
singular.
C. Tense. The
present tense includes the past and future tenses, and the future tense includes
the present tense.
D. Shall and May.
"Shall" is mandatory.
"May" is permissive.
(Prior code Section 1-1-04)
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1.04.040 Effect
of headings. Title, chapter and
section headings within this code shall not be deemed to govern, limit, modify
or in any manner affect the scope, meaning or intent of any title, chapter or
section of this code. (Prior code
Section 1-1-02)
1.04.050 Continuation
of provisions. Ordinances and
resolutions heretofore adopted by the municipality which are not contradicted
or duplicated as to subject matter by ordinances codified in this code shall
remain in full force and effect as laws of the municipality. (Prior code Section 1-1-05)
1.04.060 Effect of code on past actions and
obligations. Neither the adoption of
this code nor the consequent repeal or amendment of any ordinance shall in any
manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date of this code. (Prior code Section 1-1-06)
1.04.070 Severability. If any portion of this code is for any
reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions of this code. The council
declares that it would have adopted this code and each section, subsection,
sentence or portion thereof, whether or not any one or more sections,
subsections, sentences or portions is declared invalid or
unconstitutional. (Prior code Section
1-1-07)
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Chapter 1.08
WARDS
Sections:
1.08.010 Description of wards.
1.08.010 Description of wards. The boundary between the wards shall be on
the following traverse:
Starting at the center of
Section Three (3), running west along
the quarter section line to the quarter corner common to Sections Three
(3) and Four (4); then south along the section line to Main Street; then west
along Main Street to Demers Street; then south along Demers Street to Central
Avenue; then west along Central Avenue and Central Avenue projected west; all
in Township 21 North, Range 24 West, P.M.M., Sanders County, Montana.
All those parts of the
municipality north of described traverse are in Ward Number Two.
All those parts of the
municipality south of the described traverse are in Ward Number One.
(Prior code Section 1-7-01)
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Chapter 1.12
TOWN SEAL
Sections:
1.12.010 Description.
1.12.010 Description. The town shall have a corporate seal of
circular form, capable of making an indenture of the following
description: On the upper side of the
outer circle thereof, shall be the words "TOWN OF HOT SPRINGS" and on
the lower side of the outer circle thereof shall be the words "STATE OF
MONTANA" and across the center of the inner circle thereof, shall be the
words "CORPORATE SEAL" and the same is declared to be the seal of the
town, to be used in all cases required by law or ordinance. (Prior code Section 1-2-01)
Chapter 1.13
Sections:
1.13.010 Places of Publications.
1.13.010 Place of publications. The Town of Hot Springs will no longer
publish notices, where notice may be required in a publication and will
instead, in compliance with Montana law post such notice in four public places,
as follows:
1. Town Hall
2. Hot Springs Senior Citizens Center
3. Buck's Grocery
4. Gambles (Our Own Hardware) of Hot Springs
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Chapter 1.16
ORDINANCES
Sections:
1.16.010 Form.
1.16.020 Ordinances amending the code.
1.16.030 Ordinances limited to one subject.
1.16.040 Effective date of ordinances.
1.16.050 Posting of ordinances.
1.16.010 Form. Every ordinance or proposed ordinance shall
be written in the following form and order:
A. The ordinance number, if available;
B. The title of the ordinance;
C. The words "Be it ordained by the Town Council of the
Town of Hot Springs, Montana:";
D. A statement of the purpose of the ordinance;
E. A statement of the ordinances repealed or amended by the
ordinance, if applicable;
F. The text of the ordinance. (Prior code Section 1-6-01)
1.16.020 Ordinances amending the code. Any ordinance or proposed ordinance which
amends this code, or deals with a subject which should properly be included
within this code shall:
A. Include in the text of the ordinance a verbatim statement
of the new section or sections to appear in the code, and the title of the
section or sections;
B. Assign a section number within the code to each new
section. The section number shall be
chosen to place the new sections as close as is reasonably possible to similar
or related sections within this code.
(Prior code Section 1-6-02)
1.16.030 Ordinances limited to one subject. No ordinance shall contain more than one
subject, except ordinances for the codification and revision of this code. The subject of an ordinance shall be clearly
expressed in its title. (Prior code
Section 1-6-04)
1.16.040 Effective date of ordinances. No ordinance or resolution passed by the council shall become effective until
thirty days after its passage, except general appropriation ordinances
providing for the ordinary and current expenses of the municipality, and emergency
ordinances. In the case of emergency
measures, the nature of the emergency shall be expressed in the statement of
the purpose of the ordinance, and the measure shall receive a two-thirds vote
of all the members elected. Emergency
ordinances shall include only such measures as
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are immediately necessary for
the preservation of peace, health and
safety and shall not include a
franchise or license to a corporation or individual, nor any provisions for the
sale of real estate, nor any lease or letting of any property for a period exceeding
one year, nor the purchase or sale of personal property exceeding twenty-five
thousand dollars in value. (Prior code
Section 1-6-05)
1.16.050 Posting of ordinances. All ordinances shall be posted for five days
in three public places in town immediately subsequent to enactment. (Prior code Section 1-6-06)
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Chapter 1.20
GENERAL PENALTY
Sections:
1.20-010 Violation -- Penalty.
1.20-020 References to the general penalty.
1.20.010 Violation -- Penalty. Unless a different penalty is specifically
provided elsewhere in this code, any person who violates any of the provisions
of this code shall, upon conviction, be subject to a fine not to exceed five
hundred dollars, or imprisonment not to exceed six months, or both. Every day that a violation continues after
the first day of violation shall constitute a separate offense. (Prior code Section 1-3-01)
1.20.020 References to the general penalty. When any section of this code declares that
a violator is subject to the general penalty, that person shall be subject to
fine or imprisonment, or both, as provided in Section 1.20.010 of this chapter. (Prior code Section 1-3-02)
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