Chapter 8.16

WEEDS

Sections:

8.16.010 Nuisance weeds.

8.16.020 Noxious weeds.

8.16.030 Duty to control.

8.16.040 ViolationB Penalty.

8.16.010 Nuisance weeds. All weeds, uncontrolled grass, and other unattended vegetation growing to a height in excess of eight (8) inches on premises located within the town are declared to be nuisance weeds, pursuant to Mont. Code Ann. '7-22-4101. (Prior code section 8.16.010, Amended 01/03).

8.16.020 Noxious weeds. All exotic plant species established or that may be

introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses that may harm native plant communities are considered noxious weeds. Pursuant to Mont. Code Ann. ''7-22-2101 through 7-22-2103, the State of Montana Department of Agriculture and the Sanders County Weed Management District, may classify which plant species are considered noxious weeds. Sanders County, through its Weed Management District, has exclusive jurisdiction regarding the control of noxious weeds. Noxious weeds in Sanders County include the following:

Category One Noxious Weeds:

(A) Canada Thistle

(B) Field Bindweed

(D) Leafy Spurge

(E) Russian Knapweed

(F) Spotted Knapweed

(G) Diffuse Knapweed

(H) Dalmatian Toadflax

(I) Yellow Toadflax

(J) St. Johnswort

(K) Sulfer Cinquefoil

(L) Houndstongue

(M) Common Tansy

(N) Oxeye Daisy

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Category Two Noxious Weeds: (A) Dyers Woad

(B) Purple Loosestrife

(D) Meadow Hawkweed complex

(E) Orange Hawkweed

(F) Saltcedar

(G) Tall Buttercup

(H) Perennial Pepperweed

Category Three Noxious Weeds: (A) Rush Skeletonweed

(B) Yellow Starthistle

(D) Yellowflag Iris

(E) Eurasian Watermilfoil

(F) Blue Weed

Pursuant to the Sanders County Weed Management Program, private landowners may receive assistance from the County to control noxious weeds.

8.16.030 Duty to control. The Town of Hot Springs has the authority to declare what constitutes a nuisance weed pursuant to Mont. Code Ann. '7-22-4101 and to impose a duty on all owners of property within Town limits to exterminate nuisance weeds. Therefore, the owner of any property within the Town limits is required to exterminate or remove all nuisance weeds within the boundaries of their property. Regarding nuisance weeds existing beyond the private property boundaries of a citizen of the Town of Hot Springs, it shall be the duty of the Town to exterminate or otherwise control said nuisance weeds. The Town’s duty to control all nuisance weeds, applies to all areas outside of the individual property owner’s property boundaries, including alleyways, boulevards, and any other areas designated public property and/or land.

8.16.040 Violation B Penalty. In the event that a property owner fails to

control nuisance weeds on his/her property, limited to the boundaries of his/her property, written notice of the violation shall be served on him/her and the owner shall have seven (7) days to cut and remove the nuisance weeds. If the owner fails to comply with the written notice within seven (7) days from the receipt of notice, s/he shall be subject to the general penalty provided in this code. In addition, an official of the Town may cause the nuisance weeds to be removed from the owner’s property, limited to the boundaries of his/her property. The cost of this removal is provided in the Table of Fees, and shall be assessed as a special tax against the owner’s property (Prior code section 8.16.030, Amended 02/04).

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ORDINANCE 2006-05

8.17 Noise

8.17.01: Purpose

This ordinance is enacted to protect, preserve, and promote the health, safety, welfare, peace and quiet for the citizens of the Town of Hot Springs, through the reduction, control and prevention of noise. The intent of this ordinance is to establish standards which will eliminate and reduce unnecessary noises which are physically harmful or otherwise detrimental to the enjoyment of life, property and maintenance of business.

8.17.02 Definitions

“Plainly audible” means any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction devise, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound.

8.17.03: The following acts are declared to be loud, objectionable, and unnecessary noises, are therefore, a public nuisance, and are prohibited by this ordinance, between the hours of 10PM and 7AM, except when law enforcement receives 2 or more complaints, by 2 different citizens, within a 24 hour period on a related incident:

A. Defect in Vehicle or Operation of a Vehicle. The operation of an automobile or motorcycle, which creates squealing, squealing of tires, loud and unnecessary grating, grinding, exploding type, or other noises.

B. Loud Speakers, Amplifiers for Advertising. The use, operation, or permitting the use or operation of any radio receiving set, musical instrument, phonograph, loud speaker, amplifier, or other device for the production or reproduction of sound which is cast upon the public streets.

C. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle, except as a danger warning, the creation, by means of other signaling device, or unreasonable loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable periods of time.

D. Radios, Phonographs, Stereos, CD Players, DVD Players etc. The use, operation or permitting the use or operation of any radio or television receiving set, musical instrument, phonograph, stereo, CD player, DVD player, or other machine or device for the production or reproduction of sounds in such a manner as to disturb the peace, quiet, and comfort of the

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neighboring inhabitants at any time with louder volume than is necessary for the convenient hearing for the person or persons who are in the room, vehicle, or chamber in which such a machine or device is operated and who are voluntary listeners thereto.

E. Dogs, Cats, and Other Animals. The keeping of any dog, cat or other animal which shall become a nuisance to another person in the vicinity where such dog, cat or other animal is kept, by frequent or continued barking, howling, yelping, or screaming. Barking dogs must be inside by 10:00 PM.

F. Vocal Disturbances. Yelling, shouting, or making any other loud vocal disturbances so as to disturb, destroy, or endanger the peace of persons in the immediate vicinity of the noise or disturbance Construction Noise. Noises emanating from the excavation, demolition, alteration or repair of building, structures, property or highways between the hours of 10:00 PM and 7:00 AM, except for emergency repairs necessary to protect people or property.

G. Parties and Other Social Events. Loud or offensive noises caused by a person attending and/or caused or permitted by a person in charge of a party or social event, which are plainly audible from another property or from the street. A person shall be deemed to be in charge of a party or social event when the event occurs on private property and the person is present at the party or social event, resides at the premises involved and has authorized the use of the premises for the party or social event. There may be more than one person in charge for the purposes of this ordinance. Loud noise from these parties or social events must be terminated and/or moved indoors after 10:00 PM, 11:00 PM during the months of June, July and August.

8.17.04: Exceptions. This ordinance shall not be construed to prohibit the following:

A. A vocal disturbance, whether or not it is electronically amplified, by spectator or participants in an athletic event or assembly sponsored by a public entity or private school between the hours or 5:00 AM and 10:00 PM.

B. A public address system being operated to request medical or vehicular assistance or to warn of a hazardous road condition.

C. An emergency or public safety device operating in its official capacity.

D. Any device owned and operated by the Town or a gas, electric, communications or water utility company operating in its official capacity.

E. Any person, organization, group or business that has obtained a prior written waiver, from the mayor or Town Council, which must be produced when requested.

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8.17.05 Enforcement

Law enforcement may respond to any complaint; however, upon receiving 2 separate complaints, by 2 different citizens, within a 24 hour period on a related incident, law enforcement shall respond to the complained location to enforce this ordinance.

8.17.06: Penalty

A warning, either written or verbal, may be given prior to a citation being issued for the first offense. A penalty of $100.00 may be imposed for the initial violation of this ordinance. The penalty for a second offense within a 6 month period shall be $200.00, and the penalty for subsequent offenses within the 6 month period shall be $500.00. Each day that the violation continues will constitute a separate violation of this ordinance.

8.17.07: Severability

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.

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