Title 9

 

PUBLIC PEACE, MORALS AND WELFARE

 

Chapters:

 

9.01            Adoption of Criminal Codes by Reference

9.08            Offenses By or Against Minors

9.12           Curfew

9.14           Open Container

9.16           Fireworks           

 

Chapter 9.0l

 

ADOPTION OF CRIMINAL CODES BY REFERENCE

 

Sections:

 

9.01            Adoption of Criminal Codes by Reference

9.08            Offenses by or against minors

9.12           Curfew

9.14             Open Container

9.16             Fireworks

 

9.01            Adoption of Criminal Codes by Reference.  The town of Hot Springs hereby adopts by reference all applicable acts of criminal conduct as found in Title 45 of the Montana Codes Annotated and grants to its police officers and city court lawful jurisdiction of such offenses not otherwise prohibited by State Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Chapter 9.08

 

OFFENSES BY OR AGAINST MINORS

 

Sections:

 

9.08.010            Possession of intoxicating substances.

9.08.020            Possession of consumption of tobacco.

 

9.08.010            Possession of intoxicating substances.

 

A.            A person under the age of twenty-one commits the offense of possession of an intoxicating substance if he knowingly has in his possession an alcoholic beverage, except that he does not commit the offense when in the course of his employment it is necessary to possess alcoholic beverages.  (Ord. 1990-18 Section 1, 1990)

 

 

B.            A person under the age of eighteen years commits the offense of possession of an intoxicating substance if he knowingly has in his possession an intoxicating substance other than an alcoholic beverage.

 

9.08.020            Possession or consumption of tobacco.  A person under 18 years of age who knowingly possesses or consumes a tobacco product, as defined in 16-11-302, MCA, commits the offense of possession or consumption of a tobacco product and shall be punished as set forth at 45-5-637, MCA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Chapter 9.12

 

CURFEW

 

Sections:

 

9.12.010            Curfew.

9.12.020            Curfew Hours

9.12.030            Application

9.12.040            Obligation of Parent of Guardian.

 

9.12.010            Curfew.  A curfew is established for the town in compliance with the curfew established by the board of county commissioners, as such curfew may from time to time be amended.  (Ord. 1988-5 Section 2, 1988).

 

9.12.020          Curfew Hours.  It shall be unlawful for minors under the age of eighteen years to be in or upon or to loiter upon or frequent the streets, alleys and public places within the Town, after 10:00 p.m., except on the days of Friday and Saturday and the night before a federal holiday, when the time shall be extended to midnight.

 

9.12.030            Application.   The provisions of this ordinance shall not apply to any minor going to or returning from his or her place of employment nor to any minor accompanied by his or her parents, guardian or other adult person having the care or custody of such minor, or where such minor is engaged upon an errand or business directed by his or her parent, guardian or adult person having his or her care or custody, provided, however, that and such minor embraced within the provisions of this ordinance shall not unnecessarily linger or loiter at any time while engaged or occupied as in this section provided.

 

9.12.031          Upon notice to the Hot Springs Police Department from the Hot Springs School District #14J, the curfew hours provided for herein may be extended to one-half hour past the end of specific school sanctioned functions.  Variances for other local or community functions may be given by the Town Council upon petition to the Town Council at a Town meeting scheduled prior to the function.

 

9.12.040            Obligation of parent or guardian.  The parent or parents or legal guardian of any minor who shall violate any of the provisions of this ordinance shall

be deemed guilty of a misdemeanor and upon conviction thereafter shall be punished by a fine not to exceed the sum of One Hundred Dollars ($100.00) or by incarceration in the county jail not to exceed Thirty (30) days or by both such fine and incarceration.

 

 

 

 

 

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Chapter 9.14

 

OPEN CONTAINER

 

Sections:

 

9.14.010          Open Container

 

9.14.010          Open Container.  No person shall knowingly or purposely consume or have in his possession opened cans, bottles or other containers of beer or other intoxicating liquor while upon the public streets or alleys of the town, or in any public or private premise within the town limits against the will and consent of the owner, occupant, or governing body, or while in an automobile or other motor vehicle parked or being operated within the town.  The town council, upon proper application, may waive the enforcement of this ordinance at such times and conditions as it may deem advisable.  In the event of waiver, it shall be a condition upon such permit, that the permittee shall not allow glass bottles or containers to be utilized by persons covered by the permit.  (Ord. 92-03; 4-4-92)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Chapter 9.16

 

FIREWORKS

 

Sections:

 

9.16.010            Fireworks Sale and Use.

 

9.16.10                        Fireworks Sale and Use.  The sale of fireworks, as defined by the State of Montana and the fire code of the Town of Hot Springs, is hereby prohibited within the Town limits of Hot Springs.  No fireworks may be exploded or ignited within the Town, except on July 4th and December 31, of any year.  Such fireworks shall not be exploded or ignited prior to 8:00 a.m. on such days nor after 12:30 a.m. of the following morning.  Public displays, licensed by the State of Montana, may be approved upon application to the Town Council.  (95.03; 10-7-94)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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