Bridger

Title 1 GENERAL PROVISIONS

 

Chapters:

1.01 Code Adoption

1.04 General Provisions

1.08 Town Seal

1.12 Elections

1.16 Ordinances

1.20 Right of Entry

1.24 General Penalty

 

 

 

Chapter 1.01
 

CODE ADOPTION

 

 

(Reserved)

 

Chapter 1.04

 

GENERAL PROVISIONS

 

Sections:

1.04.010 Definitions.

1.04.020 Construction.

1.04.030 Acts by agents.

1.04.040 Prohibited acts include causing and permitting.

1.04.050 Computation of time.

1.04.060 Repeal shall not revive any ordinances.

 

1.04.010 Definitions.

The following words and phrases, whenever used in the ordinances and code of the town of Bridger, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

“Council” means the town council of the town of Bridger. “All its members” or “all council members” means the total number of councilmembers holding office.

“County” means the county of Carbon.

“Law” denotes applicable federal law, the Constitution and statutes of the state of Montana, the ordinances of the town, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

“May” is permissive.

“Month” means a calendar month.

“Must” and “shall” are each mandatory.

“Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

“Owner,” applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, of the whole or a part of such building or land.

“Person” means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

“Personal property” means and includes money, goods, chattels, things in action and evidences of debt.

“Preceding” and “following” mean next before and next after, respectively.

“Property” means and includes real and personal property.

“Real property” means and includes lands, tenements and hereditaments.

“Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

“State” means the state of Montana.

“Street” means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.

“Tenant” and “occupant,” applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

“Town” means the town of Bridger, or the area within the territorial limits of the town, and such territory outside the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.

“Written” means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

“Year” means a calendar year. (Ord. 38 § 1 (part), 2001: prior code § 1-1-03)

 

1.04.020 Construction.

A. The provisions of the ordinances and code of the town, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.

B. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

C. The following grammatical rules shall apply in the ordinances and code of the town unless it is apparent from the context that a different construction is intended:

1. Gender. Each gender includes the masculine, feminine and neuter genders.

2. Singular and Plural. The singular number includes the plural and the plural includes the singular.

3. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 38 § 1 (part), 2001: prior code § 1-1-04 (part))

 

1.04.030 Acts by agents.

When an act is required by an ordinance or this code, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 38 § 1 (part), 2001: prior code § 1-1-04 (part))

 

1.04.040 Prohibited acts include causing and permitting.

Whenever in the ordinances or code of the town any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 38 § 1 (part), 2001: prior code § 1-1-04 (part))

 

1.04.050 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 38 § 1 (part), 2001: prior code § 1-1-04 (part))

 

1.04.060 Repeal shall not revive any ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 38 § 1 (part), 2001: prior code § 1-1-04 (part))

 

Chapter 1.08

 

TOWN SEAL

 

Sections:

1.08.010 Town seal.

 

1.08.010 Town seal.

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 BRIDGER” and on the lower side of the outer 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 § 1-2-01)

 

Chapter 1.12

 

ELECTIONS

 

Sections:

1.12.010 Elections and terms of office.

1.12.020 Polling place.

 

1.12.010 Elections and terms of office.

On the first Tuesday of November of every second year an election shall be held at which the qualified electors of the town shall elect the officers whose terms of office will be expiring. The mayor shall hold office for a term of two years, and until the qualification of his or her successor. Each councilperson shall hold office for four years, but the terms of councilpersons shall be staggered, so that two will be elected every two years. (Ord. 38 § 1 (part), 2001: prior code § 1-4-01)

 

1.12.020 Polling place.

There shall be one polling place in the town which shall be in the elementary school building. (Ord. 38 § 1 (part), 2001: prior code § 1-4-02)

 

Chapter 1.16

 

ORDINANCES

 

Sections:

1.16.010 Style of ordinances.

1.16.020 Ordinances amending this code.

1.16.030 Ordinances to have one subject.

1.16.040 Effective date of ordinances.

1.16.050 Posting of ordinances.

 

1.16.010 Style of ordinances.

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 Bridger, Montana:”;

D. A statement of the ordinances repealed or amended by this ordinance;

E. A statement of the purpose of the ordinance;

F. The text of the ordinance. (Prior code § 1-5-01)

 

1.16.020 Ordinances amending this 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 this code, and the title of the section or sections.

B. Assign a section number within this code to each new section. The section number shall be chosen to place the new section as close as is reasonably possible to similar or related sections within this code. (Prior code § 1-5-02)

 

1.16.030 Ordinances to have 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 § 1-5-04)

 

1.16.040 Effective date of ordinances.

Ordinances shall become effective in accordance with the laws of the state for ordinances of the kind and type which are passed by the council. Emergency ordinances may be passed, but shall be effective only in accordance with the laws of the state. (Prior code § 1-5-05)

 

1.16.050 Posting of ordinances.

Every ordinance shall be posted in three of the most public places of the town for thirty (30) days prior to passage. (Prior code § 1-5-06)

 

Chapter 1.20

 

RIGHT OF ENTRY

 

(Reserved)

 

Chapter 1.24

 

GENERAL PENALTY

 

Sections:

1.24.010 General penalty.

1.24.020 Imprisonment in lieu of fine.

 

1.24.010 General penalty.

A. Unless a different penalty is specifically provided elsewhere in this code, any person who shall violate any of the provisions of this code shall be guilty of a misdemeanor, and any person convicted of a misdemeanor under this code or any ordinance of the town, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code or any ordinance of the town is committed, continued or permitted by any such person, and he or she shall be punished accordingly.

B. In addition to the above penalty, the town may abate any condition which is in violation of this code. (Prior code § 1-3-01)

 

1.24.020 Imprisonment in lieu of fine.

To the extent permitted by law, upon the rendition of judgment against any defendant for violation of any ordinance of the town, the town judge, or any other appropriate judicial officer, shall make an order and enter the same upon the docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, the defendant shall be confined in the town jail or other place of confinement provided for that purpose, for a term to be determined by the town judge. (Prior code § 1-3-02)