Title 9
PUBLIC PEACE, MORALS
AND WELFARE
Chapters:
9.04 Obstructing
City Officers
9.36 Solicitation and
Aggressive Solicitation as Acts of Disorderly Conduct
9.54 Minors
Prohibited From Certain Places
9.56 Possession of
Liquor or Tobacco by Minors
9.58 Social Host
and Rental Space Gatherings Involving Consumption of Alcohol by Minor Persons
ARTICLE I. OFFENSES BY
OR AGAINST
PUBLIC OFFICERS AND GOVERNMENT
IMPERSONATING POLICEMEN
Sections:
9.02.010 Declared unlawful. Every person who, without lawful authority,
knowingly represents himself, holds himself out to be, or impersonates, a
policeman or other police officer of the city, shall be guilty of a misdemeanor.
(Ord. 2042 §3, 1979; prior code §21‑12).
Chapter
9.04
OBSTRUCTING CITY OFFICERS
Sections:
9.04.020 Interfering
with firemen.
9.04.010 Declared unlawful.
Every person who knowingly resists, obstructs, interferes with or
molests any police officer, or other officer of the city, in the performance or
discharge of any duty whatsoever, shall be guilty of a misdemeanor. (Ord. 2042
§2, 1979; prior code §21‑12) .
9.04.020
Interfering with firemen. Every person who disobeys the lawful
orders of any public officer or fireman, or offers any resistance to, or
interferes with, the lawful efforts of any fireman or any company of firemen to
extinguish any fire, or engages in any conduct calculated to prevent any
fireman or any company of firemen from assisting to extinguish any fire, is
guilty of a misdemeanor. (Prior code §11‑9.7).
Chapter
9.06
FALSE FIRE ALARMS
Sections:
9.06.010 Declared
unlawful‑‑Exception.
9.06.020 Interference
with fire alarm system.
9.06.030 Production
or possession of signal box keys.
9.06.010 Declared unlawful‑‑Exception.
No person, willfully or designedly, shall give, assist in giving, countenance
or request or cause to be given, any false alarm of fire in any manner within
the city limits; provided, however, that this section shall not apply to
members of the fire department in making tests or repairs under the direction
of the property authorities. (Prior code §11‑7).
9.06.020 Interference with fire alarm system.
No person shall tamper, meddle or in any way interfere with any station or
signal box or any fire alarm telegraph system or any auxiliary appliances, or
willfully break, injure, deface, remove or make any connection or communication
with the poles, wires, boxes or other parts or fixtures of the fire alarm
system of the city, so as to interrupt or interfere with the proper working of
the same, or mutilate, injure or destroy any notices that may be legally posted
relating to the same. (Prior code §11‑8).
9.06.030 Production or possession of signal box keys.
No person shall make or cause to be made or used, or have in his possession,
any key, impression or duplicate of any signal box of the fire alarm telegraph
of the city, without the written permission of the fire chief, or, in his
absence, the assistant fire chief. (Prior code §11‑9).
ARTICLE II. OFFENSES
AGAINST THE PERSON
Chapter
9.12
FAIR HOUSING LAW
Sections:
9.12.010
Housing discrimination declared unlawful.
A.
It
is unlawful for any person, owner, manager, employee, or any entity whose
business includes engaging in any residential real estate related transactions
including but not limited to the sale, lease or rental of any housing
accommodation or property to discriminate against any person because of actual
or perceived (9.64.020) sex, age, race, physical or mental disability, creed,
religion, color, national origin, ancestry, marital or familial status, sexual
orientation, or gender identity or expression, when making available such
housing accommodations for sale, lease or rental. The rental of sleeping rooms
in a private residence designed as a single dwelling unit in which the owner
also resides is excluded from this section provided that the owner rents no
more than three sleeping rooms within the residence.
B. As used in this section, the
terms set forth in this subsection shall have the meanings set forth in the
Federal 1988 Fair Housing Amendments Act and shall include the following:
(1) "Discrimination"
means and includes:
a. A refusal to permit, at the expense of the disabled person, reasonable
modification of existing premises occupied or to be occupied by such person if
such modifications may be necessary to afford such person full enjoyment of the
premises;
b. A refusal to make reasonable accommodations in rules, policies,
practices, or services when such accommodations may be necessary to afford such
person equal opportunity to use and enjoy a dwelling; or
c. In connection with the design and construction of covered multifamily
dwellings for first occupancy after the date that is thirty months after the
date of enactment of the Fair Housing Amendments Act of 1988, a failure to
design and construct those dwellings in such a manner that:
i. The public use and common use portions of
such dwellings are readily accessible to and usable to disabled persons,
ii. All the doors designed to allow passage
into and within all premises within such dwellings are sufficiently wide to
allow passage by disabled persons in wheelchairs, and
iii. All premises within such dwelling contain
the following features of adaptive design:
An accessible route into and through the dwelling,
Light switches, electrical outlets, thermostats, and
other environmental controls in accessible locations,
Reinforcements in bathroom walls to allow later
installation of grab bars, and
Usable kitchens and bathrooms such that an
individual in a wheelchair can maneuver about the space;
(2) "Familial status" means having a
child or children who live or will live with a person. A distinction based on
familial status includes one that is based on the age of a child or children
who live or will live with a person.
(3) "Disability discrimination" means
and includes:
a. To discriminate in the sale or rental, or to
otherwise make unavailable or deny, a dwelling to any buyer or renter because
of a disability of:
i. That buyer
or renter,
ii. A
person residing in or intending to reside in that dwelling after it is sold,
rented, or made available, or
iii. Any
person associated with buyer or renter,
b. To discriminate against any person in the
terms, conditions, or privileges of sale or rental of a dwelling, or in the
provision of services or facilities in connection with such dwelling, because
of a disability of:
i. That person,
or
ii. A
person residing in or intending to reside in that dwelling after it is so sold,
rented, or made available, or
iii. Any
person associated with that person;
(4) For purposes of this subsection
"residential real estate related transaction" means any of the
following:
a. The making or purchasing of loans or
providing other financial assistance:
i. For
purchasing, constructing, improving, repairing, or maintaining a dwelling, or
ii. Secured by
residential real estate,
b. The
selling, brokering, or appraising of residential real property.
(Ord. 3428 §12, 2010; Ord. 2765 §1,
1991).
ARTICLE III. OFFENSES
AGAINST PUBLIC DECENCY
Chapter
9.18
PEEPING PERSONS
Sections:
9.18.010 Defined. The
term "peeping person" means one who peeps through windows or doors or
other like places on the premises of another for the purpose of spying upon or
invading the privacy of the person spied upon, and the doing of any other act
of a similar nature which invades the privacy of such persons. (Ord. 1986 §2,
1979).
9.18.020 Declared unlawful.
It is unlawful for any person to be a peeping person on the premises of
another, or to go upon the premises of another for the purpose of becoming a
peeping person. (Ord. 1986 §1, 1979).
ARTICLE IV. OFFENSES AGAINST PUBLIC
PEACE
DISTURBING THE PEACE*
Sections:
9.24.010 Disturbances. A
person commits a violation of this chapter if he knowingly commits one of the
following acts:
* For statutory
provisions granting cities power to prevent and punish conduct calculated to
disturb the peace, see MCA §7‑32‑4302; for provisions on public
intoxication, see MCA §53‑24‑106.
A. Quarrelling,
challenging to fight or fighting;
B. Making loud or unusual noises;
C. Using threatening, profane, obscene or abusive
language;
D. Discharging firearms
E. Rendering vehicular or pedestrian traffic
impassable;
F. Rendering the free ingress or egress to public
or private places impassable;
G. Disturbing or disrupting any lawful assembly
or public meeting;
H. Transmitting
a false report or warning of a fire, impending explosion, or other catastrophe
in such a place that its occurrence would endanger human life; or
I. Creating
a hazardous or physically offensive condition by act that serves no legitimate
purpose. (Ord. 2042 §1(part), 1979: prior code §21‑7(part)).
9.24.020 Violation‑‑Penalty.
A person convicted of a violation of this chapter shall be sentenced according
to the provisions of Chapter 1.20. (Ord. 2042 §1 (part), 1979: prior code §21‑7(part)).
PUBLIC DRINKING
Sections:
9.26.020 Unlawful
within city limits.
9.26.010 Definitions. For
the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
A. "Alcohol" means ethyl alcohol, also
called ethanol, or the hydrated oxide of ethyl.
B. "Alcoholic beverage" means a
compound produced and sold for human consumption as a drink that contains more
than one‑half percent of alcohol by volume.
C ."Beer" means a malt beverage
containing not more than seven percent of alcohol by weight.
D. "Liquor" means an alcoholic beverage
except beer and table wine.
E. "Malt beverage" means an alcoholic
beverage made by the fermentation of an infusion or decoction, or a combination
of both, in potable brewing water, of malted barley with or without hops or
their parts or their products and
with or without
other malted cereals and with or without the addition of unmalted
or prepared cereals, other carbohydrates, or products prepared therefrom and
with or without other wholesome products suitable for human food consumption.
F. "Public display or exhibition of beer,
wine, or liquor" means the carrying and exhibiting of open cans or bottles
of beer or the carrying and exhibition of glasses or other types of containers
for beer, wine or liquor, even though empty, on or within any public place as
defined herein or within any vehicle that is upon a public place as defined
herein. This definition does not include carrying or transporting beer, wine or
liquor from retail or wholesale liquor or beer establishments in sacks, cases,
boxes, cartons or other similar containers if the seal for the alcoholic
beverage container is unbroken: nor does this definition include those
situations wherein the alcoholic beverage container is being transported or
carried to a recycling center or garbage disposal site; nor does this
definition include transportation of alcoholic containers in a compartment of
a vehicle that is outside the passenger area of the vehicle and which area is
not accessible to the driver and passenger of the vehicle from the passenger
area while the vehicle is in operation.
G. "Public drinking" means the drinking
or consuming of beer, wine or liquor within or upon any vehicle that is upon a
public place as defined herein or upon any public place in the city.
H. "Public places" means all vehicles,
streets, avenues, alleys, publicly owned parking lots and privately owned
parking lots open to the public for parking in the city, except the parking
lots on the University of Montana campus which has its own university law
enforcement staff and which makes its own regulations pertaining to alcohol
consumption in parking lots. This definition does not include the premises
licensed for the sale of liquor or beer at retail by the Liquor Division of the
Montana Department of Revenue. For purposes of this definition, the term
"premises" shall have the same meaning attributed to that term by the
Department of Revenue pursuant to its administrative regulations, which term
is defined as follows: the building or any specific portion of any building in
which the liquor and/or beer business is conducted and those areas in which the
licensee operates a sidewalk cafe, open air restaurant or tavern outside of
and adjacent to the licensed building and to which patrons are permitted free
access from the building.
I. "Table wine" means wine as defined
below which contains not more than sixteen percent alcohol by volume.
J. "Vehicle" means every device in,
upon or by which any person or property is or may be transported or drawn upon
a public highway.
K. "Wine" means an alcoholic beverage
made from the normal alcoholic fermentation of the juice of sound, ripe fruit
or other agricultural products without addition or abstraction, except as may
occur in the usual cellar treatment of clarifying and aging, and that contains
more than one‑half percent but not more than twenty‑four percent of
alcohol by volume. Other alcoholic beverages made in the manner of wine and
labeled and sold as wine in accordance with federal regulations are also wine.
(Ord. 2751 §1, 1990; Ord. 2567 §1, 1987; Ord. 2149 §1 (part), 1980: prior code
§3‑13).
9.26.020 Unlawful
within city limits. Public drinking and public display and exhibition of beer,
wine or liquor as defined in this chapter are prohibited, and it is unlawful
for any person to engage in public drinking, public display or exhibition of
beer or liquor within the city limits. Any organization desiring to serve beer,
wine or liquor upon a public place as defined in this chapter as part of a
promotion celebration or other organized activity may obtain a permit from the
mayor's office to use the public place for one day. Issuance of this permit
shall occur only after the use of the public place has been approved by the
fire chief, police chief, and whichever of the following is affected:
Development Services Director, parking commission or owner or lessee of any
parking lot open to the public. Any applicant for a permit shall post a damage
and litter deposit or bond pursuant to Chapter 12.42 of this code which will be
refundable if after the use has occurred all litter associated with the
permitted use has been picked up and there has been no damage to the public
place as a result of the permitted use. (Ord. 3492, 2013; Ord. 2751 §2, 1990;
Ord. 2567 §2, 1987; Ord. 2149 §1(part), 1980: prior code §3‑14).
Chapter
9.28
GLUE SNIFFING (Repealed, Ord. 3381, 2008)
Sections:
9.28.010 Repealed. (Ord. 3381, 2008; Prior code §21‑11.1
(part)).
9.28.020 Repealed. (Ord. 3381, 2008; Prior code §21‑11.1 (part)).
9.28.030 Repealed. (Ord. 3381, 2008; Prior code §21‑11.1 (part)).
NOISE CONTROL
Sections:
9.30.010 Declaration of policy.
9.30.030 Creating excessive noise prohibited.
9.30.035 Jake brakes prohibited.
9.30.040 Maximum permissible noise levels.
9.30.050 Measurements of noise.
9.30.060 Action to abate nuisance.
9.30.070 Permit for relief from noise level.
9.30.010 Declaration
of policy. It is declared to be the public policy
of the city to regulate the ambient noise levels in the city so as to preserve,
protect and promote the public health, safety and welfare, and the peace and
quiet of the inhabitants of the city. It is the public policy of the city that
every person is entitled to live in an environment where ambient noise levels
are not detrimental of life, health and enjoyment of his property and
community. It is declared that the making, creation and maintenance of excessive
and unnecessary noises within the city level and a reference sound pressure
level is twenty times the logarithm of their ratio (i.e., SPL(dB) = 20 log
Pa/Po e.g. an increase of 6 decibels (dB) represents a doubling of the sound
pressure level, and a decrease of 6 dB represents a halving of the sound
pressure level (SPL).)
9.30.020 Definitions. For the purposes of this chapter,
the following words and phrases shall have the meanings set out below:
A. “Commercial
zone” means all those areas designated as commercial districts according to the
city zoning laws and including those areas zoned “C-1,” “C,” “C-II,” and “SC”
Shopping Center.
B. “dB(A)” means
sound level in decibels measured on the “A” scale of a standard level meter
having characteristics defined by the American National Standards Institute in
their applicable standards.
C. “Decibel”
means a unit used to express the magnitude of the change in sound intensity or
some pressure level. The difference in
decibels between a measured sound pressure level and a reference sound pressure
level is twenty times the logarithm of their ratio (i.e., SPL(dB) = 20 log
Pa/Po e.g. an increase of 6 decibels (dB) represents a doubling of the sound
pressure level, and a decrease of 6 dB represents a halving of the sound pressure
level (SPL).)
D. "Health" means an optimal state of physical, mental and
emotional well-being, and not merely the absence of disease.
E. "Industrial zone"
means all those areas designated as Industrial districts according to the city
zoning laws and including those areas zoned "I‑11."
F. "Light industrial
zone" means all those areas designated as Light Industrial districts
according to Title 19 and including those areas zoned "D" and "I‑1."
G. "Open Space and Public Lands
zone" means all those areas designated as Open Space and Public Lands
districts according to the city zoning laws and including those areas zoned
"P‑I" and "P‑II."
H.
"Residential zone" means all those areas
designated as essentially residential districts according to the city zoning
laws and including those areas zoned "A," "B,"
"BN," "BC," "RH, '' “R-1,” “R-II,” “R-III,” "R‑IV,
" "R‑V,” “R‑VI," "RR‑I," and
"PUD." (Prior code §20A‑2).
I. “Emergency Backup
Generator” means electrical generating equipment used for a short term secondary
power supply. (Ord. 3321, 2006; Prior code §20A‑2).
9.30.030 Creating excessive noise prohibited.
A.
The making and creating of an excessive or unusually loud noise within the city
as heard without measurement or as measured in the manner prescribed in Section
9.30.050, is declared to be unlawful, except when made under and in compliance
with a permit issued pursuant to Section 9.30.070, or except when made by an
emergency backup generator as defined in Section 9.30.020.I.
B.
No person shall operate any vehicle, machine or device or carry on any other
activity in such a manner as violates this chapter. (Ord. 3321, 2006; Prior
code §20A‑3).
9.30.035 Jake brakes prohibited. No person operating a motor vehicle shall use jake brakes (engine compression brakes) to slow a vehicle
except in emergency stopping situations
within the city limits as well as certain other locations within five miles of
the city limits. The locations outside the city limits shall be determined
jointly by the city engineer and the county surveyor upon request and approval
by the county commissioners.
This section
may not be enforced against an operator of a motor vehicle until such time as
appropriate signs in the proper position with the appropriate legend informing
the motorist are placed. (Ord. 2914, 1994).
9.30.040 Maximum permissible noise levels.
A.
Sound levels of noise radiating to a distance of twenty‑five feet or more
from a source within the public right‑of‑way or from a private or
public property line in excess of the dB(A) levels established for the time
periods and zones listed in this section shall constitute prima facie evidence
the noise is a public nuisance and a violation of this chapter.
SOUND PRESSURE LEVEL LIMITS (in dB (A))
Day Evening Night
7:00 a.m.
7:00 p.m. 10:00 P.M.
to to to
Zone 7:00
p.m. 10:00 p.m. 7:00 a.m.
Residential 60 55 50
Commercial 65 60 55
Light industrial 70 65 60
Heavy industrial 80 75 70
7:00
p.m. 11:00 P.M.
to to
11:00 P.M. 7:00 a.m.
Commercial 65 55
Special event
The decibel
noise level with respect to special events shall be measured at the closest
point of complaint as requested by the complainant. For purposes of the noise
ordinance a "special event" shall have the same meaning as that term
is defined in Section 12.58.020.
When a noise
source can be identified and its noise measured in more than one zone, the
sound pressure level limits of the most restrictive zone shall apply, at the
zone boundary.
B. In the hours between seven a.m. and the next
seven p.m., the noise levels permitted in subsection (A) of this section may be
increased by ten dB(A) for a period not to exceed fifteen minutes in any one‑hour
period.
C. Construction projects shall be subject to the
maximum permissible noise levels specified for industrial zones for the period
within which construction is to be completed pursuant to any applicable
construction permit issued by proper authority. If no time limitation is
imposed, then for a reasonable period for completion of project.
D. All railroad rights‑of‑way shall be
considered as industrial zones for the purposes of this chapter, and the
operation of trains shall be subject to the maximum permissible noise levels
specified for such zone.
E. This chapter is applicable to the use of property
for purposes of conducting speed or endurance events involving motor or other
vehicles, except during the specific period or periods of time within which
such use of the property is authorized by the jurisdictional authorities.
F. Except for such vehicles as are designed exclusively
for racing purposes, no person shall sell or offer for sale a new motor vehicle
or any self‑propelled vehicle designed for off‑highway use which
produces a maximum noise exceeding the following noise limits as measured at a
distance of twenty‑five feet from the center of the lane of travel or
twenty‑five feet from such vehicle designed for off‑highway use,
under test procedures established by the city council or its designee. All
motorcycles operated in the streets and highways of the city shall be equipped
at all times with noise suppression devices, including an exhaust muffler, in
good working order and in constant operation. The permissible noise levels for
motor vehicles or refrigeration units on public rights‑of‑way and
other places are as follows:
1. Any motorcycle, including motor‑driven
cycle............................................................. 80dB(A)
2. Any motor vehicle with gross vehicle rating of
10,000 pounds or more ....................... 86dB(A)
3. Any other motor vehicle............................................................................................ 80dB(A)
4. Any motor vehicle designed and operating off the
public right‑of‑way......................... 80dB(A)
G. The requirements, prohibitions and terms of
this chapter shall not apply to warning signal devices of any authorized
emergency vehicle acting in time of emergency. Nor shall these terms apply to
activities of a temporary duration permitted by law and for which a license or
permit has been granted by the city, including, but not limited to, parades and
fireworks displays.
H. Operating or permitting to be operated, any
loudspeaker or other source of amplified sound in such a manner as to violate
the permissible noise exposures of the U.S. Occupational Safety and Health Act
(OSHA) for any employees in any enclosed place of public entertainment shall be
a violation of this chapter. (Ord. 2902 §1, 1994; Ord. 2622 §1, 1988: prior
code §20A‑4).
9.30.050 Measurements of noise. For the purpose of determining and classifying any noise
as excessive or unusually loud, as prohibited by this chapter, the following
test measurements and requirements may be applied; but a violation of Section
9.30.030 may occur without the following measurements:
A. The noise shall be measured on a sound level
meter meeting current American National Standard Institute standards, operated
on the "A" weighted scale.
B. In all sound level measurements, ambient noise
shall be at least 10 dB(A) below the specific noise source being measured.
C. In all sound level measurements, consideration
shall be given to the effect of the ambient noise level created by the
encompassing noise of the environment from all sources at the time of such
sound level measurements. (Prior code §20A‑5)
9.30.060 Action to abate nuisance. Whenever there is reason to believe a nuisance exists as
defined in Section 9.30.040, any resident of the city may maintain in action in
equity in the district court to abate and prevent such nuisance and to
perpetually enjoin the person conducting or maintaining the same, and the
owner, lessee or agent of the building or place in or upon which the nuisance
exists, from directly or indirectly maintaining or permitting the nuisance. The
court may stay the effect of any order issued under this section for such time
as is reasonably necessary for the defendant to come into compliance with the
provisions of this chapter. (Prior code §20A‑6)
9.30.070 Permit for
relief from noise level. Applications for a permit for relief
from the noise level designated in this chapter, on the basis of undue
hardship, may be made to the city council or its duly authorized
representative. Any permit so granted shall contain all conditions upon which
it has been granted and shall specify a reasonable time that the permit shall
be effective. The city council, or its duly authorized representative, may
grant the relief as applied for if it finds:
A. That additional time is necessary for
applicant to alter or modify his activity or operation to comply with this
chapter; or
B.
The activity, operation or noise source will be of temporary duration and
cannot be done in a manner complying with Section 9.30.040(A); and
C. That no other reasonable alternative is
available to applicant; and
D. The city council may prescribe any conditions
or requirements it deems necessary to minimize adverse effects upon the
community or the surrounding neighborhood. (Prior code §20A‑7).
A.
Any person, partnership, association or corporation violating the provisions
of this chapter shall be fined not more than three hundred dollars, and each
offense or violation of this chapter shall be deemed a separate and distinct
offense.
B. Any person selling or offering for sale a
vehicle in violation of Section 9.30.040(A) shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished by a fine of not less than fifty
dollars nor more than three hundred dollars. (Prior code §20A‑8).
SOUND DEVICES
Sections:
9.32.010 Transportation
of sound devices through city.
9.32.010 Transportation
of sound devices through city. The construction, maintenance,
operation, moving, carrying or transportation beside, along or upon any street,
alley or public highway within the city of any radio, phonograph or other
musical instrument, or other sound producing device, while same is producing,
or reproducing sound, song, speech or music is declared to be a nuisance and is
prohibited, except as provided in Section 9.32.020. (Prior code §21‑28).
A.
The
chief of police, upon application, has the power to issue a permit to any
person to use or operate a radio, phonograph or other sound producing device
beside, along or upon any public highway within the city. Any person to whom a
permit is issued under this section shall operate all sound producing devices
in compliance with Chapter 9.30 relating to noise control.
B. Upon receipt of evidence that the permit‑holder
is not operating in compliance with Chapter 9.30, the chief of police may
suspend the permit. In the event that the permit is suspended, the permit holder may seek removal of the suspension from the city council
at the next regular meeting thereof. At such meeting the council may revoke the
permit, reinstate the permit, or reinstate the permit subject to conditions.
(Ord. 2042 §4, 1979: prior code §2129) .
Chapter
9.34
PEDESTRIAN INTERFERENCE
Sections:
9.34.010 Title. This
chapter shall be known as the city of Missoula Pedestrian Interference Act. (Ord.
3521, 2014; Ord. 2861 §1, 1993; Ord. 2853 §1, 1993).
9.34.020 Purposes. The purpose of this chapter is to protect the health,
safety and welfare of the citizens of and visitors to the city by prohibiting
acts of aggression or interference towards pedestrians. This includes prohibiting actions that
intentionally obstruct pedestrian passage on public bridges, streets,
sidewalks, parks and other publicly held or owned lands. The city council declares
that such prohibitions are necessary and desirable for the following reasons:
A. The city deems it
necessary to find solutions to make it easier for the city’s diverse residents
and visitors to share public areas.
B. The city deems it
necessary to find solutions to encourage courteous behavior of people in order
to promote greater tolerance and civility towards each other while narrowly
defining unacceptable behaviors.
C. Records kept by the Downtown Business
Improvement District of Missoula (BID) show there has been an increase in the number
of persons interfering with, obstructing, harassing, threatening and
intimidating other pedestrians on city streets in recent years, many of whom
are wearing or carrying weapons or who are more aggressive or intimidating in
their conduct. This conduct has been either related to obstruction of
pedestrian passage or soliciting of pedestrians;
D. The police department and other city
offices have received complaints from citizens complaining that they are afraid
to walk, or as business people, are afraid to allow their customers to
walk on downtown city streets and riverfront walkways as a result of the
aggressive, intimidating conduct of persons soliciting and/or conduct of
persons harassing, intimidating, interfering with, obstructing or
accosting pedestrians or people in public places;
E. The city deems it necessary to protect the
rights of its citizens and visitors to move openly and freely on the city
streets, sidewalks, walkways, parks and other public places without fear of
being harassed, interfered with, obstructed, accosted, intimidated, injured or
robbed by aggressive individuals interfering with their passage; and
F. The city deems it necessary to protect
pedestrians, in public places on public property from obstruction,
interference, intimidation, harassment, damage or injury caused or partially
attributable to being accosted, harassed, interfered with or obstructed by any
person, especially someone with a weapon.
(Ord. 3521, 2014; Ord. 3411 §1, 2009; Ord.
2861 §2, 1993; Ord. 2853 §2, 1993).
9.34.030 Definitions. The
following definitions shall apply to the provisions of this chapter.
A.
"Accost"
means physically approaching or, when in close proximity to an individual,
speaking to that individual in such a manner as would cause a reasonable person
to fear imminent bodily harm or fear endangerment that the commission of a
criminal act upon his or her person, or upon property in his or her immediate
possession, may be about to be committed by the accoster. "Accost"
does not include passive, nonobstructive speech or
conduct while standing or sitting along the side of a sidewalk or walkway if it
does not physically obstruct pedestrians.
B. “Harass” means
words, conduct, or actions directed toward another which would reasonably be
expected to annoy, alarm, or cause emotional distress. Repeated or persistent
harassment of individuals in a similar circumstance infers intent to harass the
individual subjected to the behavior described.
C. “Intimidate”
means to engage in conduct which would make a reasonable person fearful of
imminent harm to his person or property or feel threatened.
D. "Knowingly"
means a person acts knowingly with respect to conduct or to a circumstance
described by an ordinance defining an offense when he is aware of his conduct
or that the circumstance exists. A person acts knowingly with respect to the
result of conduct described by an ordinance defining an offence when he is
aware that it is highly probable that such result will be caused by his
conduct. When knowledge of the existence of a particular fact is an element of
an offense, such knowledge is established if a person is aware of a high
probability of its existence. Equivalent terms such as "knowing" or
"with knowledge" have the same meaning.
E. "Obstruct"
means to walk, stand, sit, lie or place an object in such a manner as to
impair, hinder or block passage by another person or to require another person
to take evasive action to avoid physical contact. Acts authorized as an
exercise of one's constitutional right to picket or to legally protest shall
not constitute obstruction of or interference with pedestrian traffic.
F. “Public
Place” means a place to which the public or a substantial group of people has
access.
G. "Purposely"
means a person acts purposely with respect to a result or to conduct described
by an ordinance defining an offense if it is his conscious object to engage in
that conduct or to cause that result. When a particular purpose is an element
of an offense, the element is established although such purpose is conditional,
unless the condition negates the harm or evil sought to be prevented by the law
defining the offense. Equivalent terms such as "purpose" and
"with the purpose" have the same meaning.
H. “Sit” means to
be in a position in which your bottom is resting on a chair, the ground, etc.
with your back upright.
I. "Weapon" means any firearm,
knife, sword, club or any other object used as a weapon by the offender when
violating the provisions of this chapter.
(Ord.
3521, 2014; Ord. 3411 §2, 2009, 2009Ord. 2861 §3, 1993; Ord. 2853 §3, 1993).
9.34.040 Prohibited conduct. The following conduct or action is prohibited pursuant to
the city of Missoula "Pedestrian Interference Act" and is considered
to be a violation of this chapter.
A.
It
is unlawful for any person to sit, lie or sleep on a sidewalk within ten(10) feet of a public entrance to a
commercial building, in the City of
Missoula’s Central Business District.
B.
It
is unlawful for any person to sit, lie or sleep upon any street or alley within
the city limits of Missoula.
C. It is unlawful
for any person to lie or sleep on a public sidewalk, or upon a blanket, chair,
stool, or any other object placed upon a public sidewalk during the hours
between 6:00 am and 11:00 pm in the City of Missoula’s Central Business
District:
D. It is unlawful
for any person to sit, lie or sleep on or within ten (10) feet of any
entrance/exit to, any pedestrian foot bridge, including but not limited to the
Van Buren Street, Madison Street, California Street and North Side pedestrian
foot bridges.;
E. t
is unlawful for any person to walk, stand, sit or place an object in such a
manner which obstructs or hinders passage of pedestrians on any street
crosswalk, sidewalk or other public right-of-way by leaving less than six
contiguous feet (6’) of clear right-of-way for pedestrian passage for sidewalks
that are twelve feet or wider in width, and no less than fifty percent (50%) of
the sidewalk width for clear right-of-way for pedestrian passage on sidewalks
within the city limits
F. It is unlawful
for any person on a public bridge, sidewalk, walkway, park or any other
publicly held or owned land to purposely or knowingly harass or intimidate
another person as defined herein.
G. Exceptions. The prohibition in Section 9.34.040(A and C) shall
not apply to any person:
1. Sitting
or lying down on a public sidewalk due to a medical emergency;
2. Who,
as the result of a disability, utilizes a wheelchair, walker, or similar device
to move about the public sidewalk;
3. Operating
or patronizing a business which has permission to occupy the sidewalk; or a
person participating in or attending a parade, festival, performance, rally,
demonstration, meeting, or similar event conducted on the public sidewalk
pursuant to special event or other permit;
4. Sitting
on a chair or bench located on the public sidewalk which is supplied by a
public agency or by the abutting private property owner;
5. Sitting
on a public sidewalk within a bus stop zoned while waiting for public or
private transportation.
6. Engaging in constitutionally protected
expressive activities which would otherwise be unreasonably restricted by the
limitations in Subsections A, C, of this
section.
(Ord. 3411 §3,
2009; Ord. 2861 §4, 1993; Ord. 2853 §4, 1993).
9.34.050 Violation‑‑Penalty. A person shall not be cited under Section 9.34.040 unless
the person continues to engage in conduct prohibited by Section 9.34.040 after
having been notified at the time of the incident by a law enforcement officer
that the conduct violates section 9.34.040. A person convicted of a
violation of this chapter shall be guilty of a misdemeanor and shall be fined
not to exceed one hundred dollars.
(Ord. 3521,
2014; Ord. 3411 §4, 2009; Ord. 2861 §5, 1993; Ord. 2861 §5, 1993).
SOLICITATION
AND AGGRESSIVE SOLICITATION AS ACTS OF DISORDERLY CONDUCT
Sections:
9.36.040 Aggressive Soliciting
9.36.050 Soliciting in Certain Places
9.36.060 False or Misleading Soliciting
9.36.010 Title. This chapter shall be known as the City of Missoula
Solicitation and Aggressive Solicitation as Acts of Disorderly Conduct Act. (Ord.
3522, 2014; Ord. 3404, 2009)
9.36.020 Purposes. The purpose of this chapter is to protect the health,
safety and welfare of the citizens of and visitors to the city by prohibiting
acts of aggression or interference towards pedestrians as allowed by Section
7-32-4304 of the Montana Code Annotated.
This includes prohibiting aggressive soliciting actions that threaten,
harass, intimidate or cause fear of bodily injury in pedestrians; general
soliciting in places where pedestrians and citizens are more open to threats of
aggression or harm; general soliciting that poses a threat of harm to
pedestrians and vehicle traffic; and false or misleading soliciting actions.
The city council declares that such prohibitions are necessary and desirable
for the following reasons:
A. The city deems
it necessary to find solutions which make it easier for people to remain in
public places peacefully rather than be excluded from them in order to make it
easier for the city’s diverse residents and visitors to share public areas with
less conflict.
B. The city deems
it necessary to find solutions to encourage courteous behavior of people in
order to promote greater tolerance and civility towards each other while
narrowly defining unacceptable behaviors.
C. There has been
an increase in the number of persons
aggressively soliciting, or while soliciting, interfering with, obstructing,
harassing, threatening and intimidating other pedestrians, or impeding vehicles
and pedestrians in traffic on city streets in recent years. This conduct has been either related to
obstruction of pedestrian passage or soliciting of pedestrians;
D. The police
department and other city offices have received complaints from citizens
complaining that they are afraid to walk, or as business people are afraid to
allow their customers to walk, on downtown city streets and riverfront walkways
as a result of the aggressive, intimidating conduct of persons soliciting
and/or conduct of persons harassing, intimidating, interfering with,
obstructing or accosting pedestrians or people in public places;
E. The city deems
it necessary to protect the rights of its citizens and visitors to move openly
and freely on the city streets, sidewalks, walkways, parks and other public
places without fear of being aggressively solicited, harassed, interfered with,
obstructed, accosted, intimidated, injured or robbed by aggressive
individuals soliciting them or interfering with their passage; and
F. The city deems
it necessary to protect pedestrians, in public places on public property from
obstruction, interference, intimidation, harassment, damage or injury caused or
partially attributable to being aggressively solicited, accosted, harassed,
interfered with or obstructed by any person, especially someone with a weapon.
G. The city deems
it necessary to protect citizens in vehicles from solicitation in general to
protect and preserve the welfare and safety of citizens in vehicles and
pedestrians on city streets.
(Ord. 3522, 2014;
Ord. 3404, 2009)
9.36.030 Definitions. The following definitions shall apply to the provisions
of this chapter.
A.
“Aggressive Manner” shall mean:
1. Approaching or speaking to a person, or
following a person before, during or after soliciting if that conduct is
intended or is likely to cause a reasonable person to fear bodily harm to
oneself or to another, or damage to or loss of property or otherwise be
intimidated into giving money or other things of value;
2. Continuing to solicit from a person after
the person has given a negative response to such soliciting;
3. Intentionally touching or causing physical
contact with another person without that person’s consent in the course of
soliciting;
4. Intentionally blocking or interfering with
the safe or free passage of a pedestrian or vehicle by any means, including
unreasonably causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact;
5. Using violent or threatening gestures
towards a person solicited;
6. Using profane or abusive language which is
likely to provoke an immediate violent reaction from the person being
solicited;
7. Following the person being solicited, with
the intent of asking that person for money or things of value.
B.
“Harass”
means words, conduct, or actions directed toward another which would reasonably
be expected to annoy, alarm, or cause emotional distress.
C.
“Intimidate”
means to engage in conduct which would make a reasonable person fearful of
imminent harm to his person or property or feel threatened.
D.
"Knowingly"
means a person acts knowingly with respect to conduct or to a circumstance
described by an ordinance defining an offense when he is aware of his conduct
or that the circumstance exists. A person acts knowingly with respect to the
result of conduct described by an ordinance defining an offence when he is
aware that it is highly probable that such result will be caused by his
conduct. When knowledge of the existence of a particular fact is an element of
an offense, such knowledge is established if a person is aware of a high
probability of its existence. Equivalent terms such as "knowing" or
"with knowledge" have the same meaning.
E.
“Public Place” means a place to which the
public or a substantial group of people has access.
F.
"Purposely"
means a person acts purposely with respect to a result or to conduct described
by an ordinance defining an offense if it is his conscious object to engage in
that conduct or to cause that result. When a particular purpose is an element
of an offense, the element is established although such purpose is conditional,
unless the condition negates the harm or evil sought to be prevented by the law
defining the offense. Equivalent terms such as "purpose" and
"with the purpose" have the same meaning.
G.
“Soliciting”
shall mean asking for money or objects of value, with the intention that the
money or object be transferred at that time and at that place. Soliciting shall include using the spoken,
written or printed word, bodily gestures, signs or other means for the purpose
of urging, requesting, commanding or obtaining an immediate donation of money
or other thing of value or soliciting the sale of goods or services.
(Ord. 3522, 2014;
Ord. 3404, 2009)
9.36.040 Aggressive Soliciting.
No person shall solicit
in an aggressive manner in any public place. (Ord. 3522, 2014; Ord. 3404, 2009)
9.36.050 Soliciting in Certain Places. It
shall be unlawful for any person to solicit in the following places:
A.
Banks
and ATM’s. No person shall solicit
within twenty (20) feet of any entrance
or exit of any check cashing business or bank, or within twenty feet of any
automated teller machine. Provided,
however, that when an automated teller machine is located within a building or
facility, such distance shall be measured from the entrance or exit of the
facility;
B.
Motor
Vehicles and Parking Lots. No person shall solicit in any public transportation
vehicle, within ten (10) feet of any bus or bus station or stop, in any public
or private parking lot or structure, or within ten (10) feet of any parking lot
pay box.
C.
No
person shall solicit within ten (10) feet of a public entrance to a commercial
building in the City of Missoula’s Central Business District.
D.
No
person shall solicit within ten (10) feet of any outdoor patio or sidewalk café
where food or drink is served.
E.
No
person shall solicit within ten (10) feet of any vendor’s location when the
vendor has a valid permit.
F.
No
person shall solicit within ten (10)
feet of any pay telephone.
G.
No
person shall solicit within ten (10) feet of the entrance to or exit from any
public toilet facility, which includes any temporary use site (port-a-toilet).
H.
No
personal shall solicit on, or within ten (10) of any entrance/exit to, any
pedestrian foot bridge or pedestrian tunnel, including but not limited to the
Van Buren Street, Madison Street, California Street and North Side pedestrian
foot bridges and the Orange Street and Reserve Street pedestrian tunnels.
I.
No
person shall solicit on private or residential property after having been asked
to leave or asked to refrain from soliciting by the owner or other person
lawfully in possession of such property.
J.
Exemption. A validly obtained Special Events Permit may
provide an exemption to the provisions of this section. A Special Events
permit may be obtained pursuant to Title 12, Chapter 58 of the Missoula
Municipal Code.
(Ord. 3522, 2014; Ord. 3404, 2009)
9.36.060 False or Misleading Soliciting. It shall be unlawful for any person to knowingly make any
false or misleading representation in the course of soliciting a donation. False or misleading representations include,
but are not limited to, the following:
A. Stating that the solicitor is from out of town
and stranded when such is not true;
B. Stating or suggesting falsely that the
solicitor is either a present or former member of the armed service;
C. Wearing or displaying an indication of physical
disability, when the solicitor does not suffer the disability indicated;
D. Stating the solicitor is homeless, when he
or she is not.
(Ord. 3522, 2014;
Ord. 3404, 2009)
9.36.070
Violation‑‑Penalty. A person shall not
be cited under Section 9.36.050 unless the person continues to engage in
conduct prohibited by section 9.36.050 after having been notified at the time
of the incident by a law enforcement officer that the conduct violates section
9.36.050. A person convicted of a violation
of this chapter shall be guilty of a misdemeanor and shall be fined not to
exceed one hundred dollars. (Ord. 3522, 2014; Ord. 3404, 2009)
ARTICLE V. OFFENSES
AGAINST PROPERTY
BILLPOSTING
Sections:
A.
It is unlawful for any person to paint, print, post, paste, attach or in any
way affix any bill, poster, dodger, card or other advertising matter of any
kind upon any post, hydrant, curb, sidewalk or other public improvement in any
public ground or street, or upon any bridge or part of the same, or upon any
public building, structure or erection of any kind belonging to the city, or
upon any mast or pole in any street, avenue or alley erected or used for
supporting or carrying any wire or cable or incidental thereto, or upon' any
lamppost in the city, whether permission therefor has been granted by the owner
or owners, or otherwise.
B. It is unlawful for any person, firm or
corporation to tack, nail or otherwise attach (or cause to tack, nail or
otherwise attach) any placard, poster, picture, printed matter or any type of
literature or advertising to any property without first obtaining the permission of the property
owner. (Ord. 2139 §1, 1980: prior code §21‑3).
Chapter
9.40
OFFICIAL NOTICES
Sections:
9.40.010 Unauthorized
removal or destruction declared unlawful.
9.40.010 Unauthorized
removal or destruction declared unlawful.
Every person who tears down or removes from any building, fence, post, pole, bulletin board or other
structure or destroys, effaces or in any way mutilates any official notice of
the city, within the limits of the city, unless authorized to do so, is guilty
of a misdemeanor. (Prior code §21‑16).
GARDENS AND ORCHARDS
Sections:
9.42.010 Unlawful removal of fruits, vegetables or
plants.
9.42.020 Unlawful destruction of plants.
9.42.010 Unlawful removal
of fruits, vegetables or plants. No person shall take or carry away from any garden of any
kind or from any kind of orchard, without the permission of the owner thereof,
any plant, flower, vegetable, bush or fruits that may be growing therein. (Prior
code §21‑10).
9.42.020 Unlawful
destruction of plants. No person shall put up, knock down,
destroy in any manner or do anything that would tend to retard the growth of
any plant, flower, bush, vegetable or tree in any garden or orchard in the city
without the permission of the owner thereof. (Prior code §21‑11).
ARTICLE VI. CONSUMER PROTECTION
(Reserved)
ARTICLE
VII. OFFENSES BY OR AGAINST MINORS
CURFEW
Sections:
9.52.020 Curfew for minors established.
9.52.030 Parental responsibility.
9.52.040 Arrest and procedure upon first violation.
9.52.050 Procedure
upon second or subsequent violation ‑‑Penalty.
9.52.010 Purpose. This minor curfew ordinance codified in this chapter has
as its purpose the regulation and prohibition of minors remaining in public
places during certain hours of the night for the good of minors in order to
protect youth, to reduce nocturnal juvenile crime and juvenile delinquency, and
for the furtherance of family responsibility by promoting parental control over
their children all in the interests of the public preservation of the peace,
health, safety and welfare of the community. (Ord. 2394 §1, 1984).
9.52.020 Curfew for
minors established.
A.
It is unlawful for any person less than eighteen years of age to loiter or
remain in any public place within the city at night during the following time
periods:
1. 10:30
p.m. to 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday evenings
if there is school the day following the commencement of the evening identified
in this section;
2. 11:30
p.m. to 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday evenings if there is no school day following the commencement of the
evening identified in this section;
3. 1:00 a.m. to 6:00 a.m. on Friday and Saturday evenings.
B. The following circumstances shall constitute
an exception to the curfew regulations established in this section:
1. When the minor is accompanied by a
parent, legal guardian or adult acting with or by the express authority of the
parent or legal guardian;
2. When
the minor is directly engaged in performing in errand for a parent, legal
guardian or adult acting with or by the express authority of the parent or
legal guardian;
3. When
the minor is engaged in legal employment or Ls traveling directly to or from
his legal employment;
4. When
the minor is attending religious or school activities, meetings or events;
5. When the minor is attending entertainment
events such as youth dances (excluding dances in bars, taverns and nightclubs
where beer or liquor is sold for on‑premises consumption), theater,
concert or sporting events;
6. When
the minor is directly engaged in traveling through the city on a trip;
7. When
returning home or to his motel, hotel or other place of rest and repose by a
direct route from any activity, meeting, event or legal employment identified
in :his section, the person shall be allowed thirty minutes after departing the
activity identified in this section to ‑each his destination.
C. For purposes of this chapter "public
place" is intended to mean publicly owned or controlled properties, including
buildings, streets, alleys, sidewalks, boulevards, parks, parking lots and
private property generally open to the general public, including buildings
abutting lands and parking lots as well as vacant lots and other unsupervised
areas within the city limits. Sidewalks and boulevards immediately abutting a
person's residence or place of rest and repose for the evening are excluded
from this definition. (Ord. 2394 §2, 1984).
9.52.030 Parental
responsibility. It is unlawful for a parent, legal
guardian or person acting with or by authority of a parent or legal guardian
with respect to a minor to permit either knowingly or by inefficient control or
supervision to allow a minor to be or remain upon any public place during
minor curfew hours under circumstances that violate this chapter and do not
constitute an identified exception to the provisions of this chapter. Parents,
legal guardians or persons acting with or by authority of the parent or legal
guardian shall be responsible for violations of this section upon a prima facie
showing that they were the adult with authority at the time of the violation
and lack of knowledge of the minor's violation or of this chapter shall not
constitute a defense for the adult in authority's violation of this section.
(Ord 2394 §3, 1984).
9.52.040 Arrest and
procedure upon first violation. In order that parents and others in
parental positions shall have timely forewarning of violations of Sections
9.52.020 and 9.52.030 and opportunity to set a good example and to correct
violations in the privacy of the home, the police officers of the city shall
immediately take all children found in apparent first violation of Section
9.52.020 to the police station and summon their parents, legal guardians or
other persons in loco parentis to the police station and upon their arrival,
the child in apparent violation of Section 9.52.020 shall be remanded to the
custody of the parent, legal guardian or other persons in loco parentis, or
youth court personnel or release the person on their own recognizance in
circumstances that warrant such release and the office shall make a report to
the chief of police of all children apprehended under this chapter, their
residences, their parents and others, if any, charged with their custody. If
the parent, guardian or other persons in loco parentis cannot be located, the
child found in apparent violation of Section 9.52.020 shall remain in the
custody of the police department, or be turned over to juvenile authorities,
as the chief of police may see fit, for custody until the parent, guardian or
other person can be located and so summoned. (Ord. 2394 §4, 1984).
9.52.050 Procedure
upon second or subsequent violation—Penalty. Any child found in
apparent second or subsequent violation of Section 9.52.020 shall be delivered
to the juvenile authorities for disposal as the youth court shall decree. (Ord.
2394 §5, 1984).
A.
Any minor found guilty of a violation of this chapter in youth court by a
district court judge may be fined up to fifty dollars and/or be otherwise
sentenced by the district court youth court as authorized by state law.
B. A person, legal guardian or other person
acting with or by authority of a parent or legal guardian who is found guilty
of a violation of this chapter may be fined up to five hundred dollars.
C. A penalty of imprisonment may not be imposed
as a penalty for a violation of any provision of this chapter. (Ord. 2394 §6,
1984) .
MINORS
PROHIBITED FROM CERTAIN PLACES
Sections:
9.54.010 Establishment of legal drinking age‑‑Duties
of seller of alcoholic beverages.
9.54.020 Permitting minor in tavern or bar declared
unlawful.
9.54.010 Establishment
of legal drinking age‑‑Duties of seller of alcoholic beverages.
A.
Pursuant to Montana state law, the legal drinking age in Montana for the
consumption of alcoholic beverages shall be twenty‑one. It is unlawful
for any one possessing a license authorizing them to sell alcoholic beverages
or his or her employee or employees, or any other person to sell, deliver or
give away or cause or permit to be sold, delivered or given away an alcoholic
beverage to:
1. Any person under twenty‑one years
of age;
2. Any intoxicated person or any person
actually, apparently or obviously intoxicated.
B. Except in the case of an alcoholic beverage
given to a person under twenty‑one years of age by his parent or guardian
for beverage or medicinal purposes or administered to him by his physician or
dentist for medicinal purposes or sold to him by a vendor or druggist upon the
prescription of a physician, no person shall sell, give or otherwise supply an
alcoholic beverage to any person under twenty‑one years of age or permit
any person under that age to consume an alcoholic beverage.
C.
Any
person shall be guilty of a misdemeanor who:
1. Invites
a person under the age of twenty‑one into a public place where an
alcoholic beverage is sold and treats, gives, or purchases an alcoholic
beverage for such person;
2. Permits
such person in a public place where an alcoholic beverage is sold to treat,
give or purchase liquor for him; or
3. Holds
out such person to be twenty‑one years of age or older to the owner of
the establishment or his or her employee or employees. (Ord. 2565 §1, 1987;
Ord. 2497 §1, 1986: prior code §19‑7)
9.54.020 Permitting
minor in tavern or bar declared unlawful.
It is unlawful for any person owning or operating a bar, tavern or any other
establishment where beer or liquor is sold for on‑premises consumption,
or his or her agent, employee or employees to permit any person under the age
of twenty‑one years to enter or visit such establishment, or to be
loitering about or remain therein, unless such person is accompanied by a
parent, spouse or legal guardian or other adult who is at least twenty‑one
years of age and who has indicated that they are responsible for the
supervision of the minor. This section does not apply to employees less than
twenty‑one years old while actually at work, and whose employment
requires them to be at such a premises during the course and scope and as a
part of their employment. (Ord. 2566 §1, 1987; Ord. 2497 §2, 1986: prior code
§19‑8)
9.54.030 Exceptions. Section 9.54.020 shall not apply to any of the following
establishments where beer or liquor is sold for on‑premises consumption:
fraternal organizations, veterans organizations, grocery stores, bowling alleys
and restaurants; provided, however, that in such excepted organizations and
establishments, any person under the age. of twenty‑one years shall not
be permitted to loiter about or remain at the bar or portion of the premises
wherein beer or liquor is dispensed. (Ord. 2566 §2, 1987; Ord. 2497 53, 1986:
prior code 519‑9)
POSSESSION
OF LIQUOR OR TOBACCO BY MINORS*
Sections:
9.56.040 Minor purchasing tobacco.
9.56.050 Selling tobacco to minors.
9.56.060 Possession of beer or liquor by minors.
9.56.040 Minor
purchasing tobacco. It is unlawful for any minor under the
age of eighteen years to purchase, procure, obtain, receive or to have in his
possession any tobacco, cigars, cigarettes or cigarette papers, and every such
minor violating this section shall, upon conviction thereof, be fined in any
sum not exceeding fifty dollars. (Prior code §19‑13).
9.56.050 Selling
tobacco to minors. It is unlawful for any person to sell,
give away or deliver to any minor under the age of eighteen years any cigars,
cigarettes or tobacco in any form, and the fact that any minor shall present
an order signed by his parents or any other individual over the age of eighteen
years shall not justify the sale, giving away or delivery of any cigars,
cigarettes or tobacco in any form to any such minor. (Ord. 2752 §4, 1990: prior
code §19‑14).
9.56.060 Possession
of beer or liquor by minors. Any person who has not reached the age
of twenty‑one years and who has in his or her possession beer or liquor,
unless the possession is authorized pursuant to Montana state law, is guilty of
a misdemeanor. (Ord. 2752 §5, 1990; Ord. 2375 §3, 1984: prior code §3‑15).
* For
statutory provisions forbidding sale of alcoholic beverages to minors, see MCA
§16‑3‑301.
SOCIAL
HOST AND RENTAL SPACE GATHERINGS
INVOLVING
CONSUMPTION OF ALCOHOL BY MINOR PERSONS
Sections:
A.
Consumption of alcoholic beverages by minor persons presents numerous problems
for the Missoula community, minor persons, and law enforcement. Specifically:
1. Underage consumption and possession of alcohol are ongoing problems
in the Missoula community;
2. Reportedly Montana teens have one of the highest binge drinking
(heavy episodic – defined as 5 or more drinks in one sitting) rates in the
nation;
3. Provision of alcohol to individuals less than 21 years of age is
generally unlawful and generates problems for law enforcement;
4. Law enforcement has expended countless man-hours and countless
resources on enforcement of underage drinking laws which has detracted from
their ability to tend to violent crime and other necessary law enforcement
activities;
5. Parties and gatherings at locations where unlawful alcohol related
offenses occur are significant problems for Missoula law enforcement; and
6. Alcohol abuse is also linked to numerous other health and life
issues for our youth, including, but certainly not limited to, injuries and
death due to vehicle crashes as a result of impaired driving, sexual assault,
teenage and pre-teen sexual activity, and pregnancy, sexually transmitted
diseases, physical assault, and academic difficulties.
B.
The Missoula City Council finds and declares that the purpose of this ordinance
includes:
1. Providing accountability to those persons responsible for unlawful
alcohol related conduct at parties and gatherings;
2. Protecting public health, safety, and general welfare;
3. Enforcing laws prohibiting the consumption of alcohol by minor
persons; and
4. Pursuant to Mont. Code Ann. §§ 7-1-4123, 7-1-4124, and 7-32-4302,
the City of Missoula has the legislative power, subject to the provisions of
state law, to adopt, amend, and repeal ordinances and resolutions required to:
a. Preserve the peace and order and secure freedom from dangerous and
noxious activities;
b. Secure and promote the general public health and welfare; and
c. Prevent and punish minor persons' intoxication, loud noises,
disorderly conduct, and acts or conduct calculated to disturb the public peace
or which are offensive to public morals within its limits.
A. "Alcohol"
means the same as defined in Mont. Code Ann. § 16-1-106.
B. "Alcoholic
Beverage" means the same as defined in Mont. Code Ann. § 16-1-106.
C. "Gathering"
means a party or event where a group of three or more persons has assembled or
is assembling for a social occasion or social activity.
D. "Knowingly"
a person acts knowingly with respect to conduct or to a circumstance described
by a statute defining an offense when the person is aware of the person's own
conduct or that the circumstance exists. A person acts knowingly with respect
to the result of conduct described by a statute defining an offense when the
person is aware that it is highly probable that the result will be caused by
the person's conduct. When knowledge of the existence of a particular fact is
an element of an offense, knowledge is established if a person is aware of a
high probability of its existence. Equivalent terms, such as
"knowing" or "with knowledge", have the same meaning.
E. ”Minor
Person" means any person under the age of 18.
F. "Parent"
means any person having legal custody of a juvenile, including a natural
parent, adoptive parent, stepparent, legal guardian, person to whom a court
order has given temporary or permanent legal custody.
G. "Premises"
means any home, yard, farm, field, land, apartment, condominium, hotel or motel
room, fraternity or sorority or other dwelling unit, hall or meeting room,
park, pavilion, or any other place of assembly, public or private, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party, gathering, or other social function, and whether
owned, leased, rented, or used with or without permission or compensation.
H. "Purposely"--a
person acts purposely with respect to a result or to conduct described by a
statute defining an offense if it is the person's conscious object to engage in
that conduct or to cause that result. When a particular purpose is an element
of an offense, the element is established although the purpose is conditional,
unless the condition negates the harm or evil sought to be prevented by the law
defining the offense. Equivalent terms, such as "purpose" and
"with the purpose", have the same meaning.
I. "Social Host"
means any person of any age who facilitates, encourages, conducts, allows,
organizes, supervises, controls, permits or aids another in conducting,
allowing, organizing, supervising, controlling, or permitting a party, event,
or gathering at which consumption of alcohol by minor persons is occurring. The
term shall include, but is not limited to the following:
1. Any person or persons who owns, rents, leases, or otherwise
controls the premises where an event, a gathering, activity, or party takes
place;
2. The person or persons in charge of or responsible for the
premises;
3. The person or persons who organized the activity, event,
gathering, or party.
The
term shall not include a property owner, property manager, lessee or parent who
does not knowingly or purposely facilitate or encourage any activity, event,
gathering, or party, whether or not the activity, event, gathering, or party
was permitted or allowed, that resulted in minor persons unlawfully being in
possession of or unlawfully consuming an alcoholic beverage.
A. A person violates this chapter when, as a social host for a
gathering, that person knowingly or purposely facilitates or encourages minor
persons in consuming an alcoholic beverage on a premises within the City and
fails to take reasonable steps to prevent the consumption by minor persons. The
social host does not have to be present or on the premises at the time the
prohibited act occurs. Except as otherwise provided in subsection 9.58.020 (I),
absence of the social host from the premises may not be used as a defense.
B. Nothing in this chapter shall be construed to supersede the
prohibitions or exceptions set forth in Mont. Code Ann. § 16-6-305 pertaining
to regulating the “age limit for sale or provision of alcoholic beverages –
liability of provider.”
A. A person convicted of violating this chapter shall be guilty of a
misdemeanor and shall be punished as follows:
1. For the first
offense, a 100 fine, which may not be suspended, plus court costs;
2. For the
second or subsequent offense, a minimum fine of $500.
B. A person under the age of 18 at the time of being charged with a
violation of the social host ordinance arising out of any incident occurring
while the person was under the age of 18 shall be cited into District Court
Youth Court and punished as deemed appropriate by the Youth Court.”
(Ord. 3455, 2011)
FIREARM SALES
9.60.030 Background checks
required for sales and transfers
9.60.040 Background check by
dealer
9.60.050 Exceptions from the
background check requirement
9.60.060 Violation – Penalties
This ordinance is adopted pursuant to the statutory powers
explicitly granted to Montana local governments pursuant to subsection
45-8-351(2) MCA for public safety purposes to prevent and suppress the
possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors in order to ensure that
background checks generally occur with respect to firearm ownership transfers
as a prevention mechanism to serve as a deterrent to convicted felons,
adjudicated mental incompetents illegal aliens and
minors unlawfully obtaining possession of firearms.
It is the intent of the City of Missoula that no sale or
transfer of a firearm shall take place within the city limits unless and until
the person purchasing or otherwise receiving the firearm
passes a national instant criminal background check. There is broad consensus
that felons, minors, and people adjudicated as mentally ill by a court should
not possess firearms. In fact, federal law has long prohibited these people
from possessing firearms. However, no federal or
state law requires background checks for sales and transfers made by persons
who are not licensed firearms dealers—meaning that criminals, minors, and
people adjudicated as mentally ill are able to purchase and receive firearms despite their legal prohibition.
Furthermore, the City of Missoula recognizes the
opportunity that all Federal firearm licensees (FFLs) have to enhance public
safety and assist law enforcement by facilitating transfers of firearms between
private individuals through their businesses, as
noted in a 2013 “Open Letter to All Federal Firearms Licensees” from the U.S.
Dept. of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives that
states the following:
"As background, millions of transactions involving the private sale of firearms between the residents of
the same state occur each year in the United States at gun shows, and through
classified and online advertisements. These private sellers, who are not
Federal firearms licensees, do not have the ability
to use the National Instant Criminal Background Check System (NICS) to conduct
background checks on prospective private purchasers and, consequently, have no
comprehensive way to confirm whether or not the private individual to whom they
are selling a firearm is prohibited from possessing a
firearm.
Many FFLs throughout the United States have routinely
facilitated firearms transfers between private individuals, and FFLs may charge
administrative fees to do so consistent with any state law requirements. ATF encourages FFLs to facilitate firearms sales between
private individuals through FFL businesses. This service provides both
customers and the community assurance that individuals who want to purchase
firearms undergo a comprehensive background check.
FFL facilitation of private firearm transfers will also improve law
enforcement's ability to trace firearms if they are later recovered in a
crime."
Background checks shall not be required for transfers
between immediate family members, for transfers of curio
and relic firearms between collectors or for transfers of antique firearms, for
temporary transfers while hunting or target-shooting or for competitions, or
for temporary transfers for emergency self-defense or while in the presence of
the transferee.
Parties to a transfer made by any person who is not a
licensed firearm dealer will meet with a licensed dealer, where the buyer or
transferee will pass a background check before the sale or transfer may be
completed.
In particular in enacting this ordinance, the City of Missoula relies on the statutory authority
for local governments for public safety purposes to prevent possession of
firearms by certain ineligible persons as authorized in MCA 45-8-351(2)(a)
which provides in part that: “A county, city, town,
consolidated local government, or other local government unit has power to
prevent and suppress the carrying of concealed or unconcealed weapons to a
public assembly, publicly owned building, park under its jurisdiction, or
school, and the possession of firearms by convicted
felons, adjudicated mental incompetents, illegal aliens, and minors.” The background checks required by this
ordinance are adopted as the means to prevent and suppress the possession of
firearms by certain ineligible persons as provided by
MCA 45-8-351(2)(a). (Ord. 3581, 2016)
A. “Dealer” means a person who holds a federal firearms license under 18 United
States Code 923(a).
B. “Firearm” shall have the same meaning attributed to that term under 18 United
States Code 921(a)(3).
C. “Gun show or event” shall have the same meaning attributed
to that term under 27 Code of Federal Regulations 478.100(b)
D “Immediate family members” means spouses, domestic partners, parents, children,
siblings, grandparents, grandchildren, nieces, nephews,
aunts, uncles, and first cousins. The relationships referred to include
relationships by half blood, by adoption, or by step-relation.
E. “Transfer” means any delivery or receipt of a firearm, regardless of
whether the firearm is purchased with consideration
or payment or else is delivered or received as a gift, a loan, or otherwise
without consideration or payment.
F. “Transferee” means
a person who receives or intends to receive a firearm, regardless of whether
the person purchases the firearm with consideration
or payment or else whether the person receives the firearm as a gift, a loan,
or otherwise without consideration or payment.
G. “Transferor” means a person who delivers or intends to deliver a
firearm, regardless of whether the person sells the
firearm with consideration or payment or else whether the person delivers the
firearm as a gift, a loan, or otherwise without consideration or payment. (Ord. 3581, 2016)
9.60.030 Background checks required for sales and
transfers.
A. Except as otherwise provided in this chapter, every firearm transfer between a transferor and a
transferee, in whole or in part in the City of Missoula, shall be subject to a
background check. Except as otherwise provided in this chapter, no person shall
transfer a firearm, and no person shall receive a
firearm, without complying with this chapter, including that the parties must
comply with the process described in section 9.60.040.
B. The transferor and transferee must each complete, sign, and
submit all federal, state, and local forms necessary
to process the background check and otherwise complete the transfer.
C. It shall be unlawful for any transferor
or transferee to knowingly make any material false oral or written statement or
to furnish or exhibit any false identification likely to deceive a dealer or law enforcement officer concerning
information necessary to perform a background check. (Ord. 3581, 2016)
9.60.040 Background check by dealer.
A. All steps detailed in this section are intended to be
consistent with the U.S. Department of Justice Bureau of
Alcohol, Tobacco, Firearms and Explosives ATF Procedure 2013-1 which sets forth
the record keeping and National Instant Criminal Background Check System (NICS)
procedures for Federal firearm licensees (FFLs) who facilitate the transfer of
firearms between private unlicensed individuals.
B. The transferor and transferee shall meet jointly with a
dealer and request that the dealer facilitate the transfer. A dealer who agrees
to facilitate a firearms transfer under this section shall process the transfer
as though the dealer is transferring the firearm from
its own inventory to the transferee, complying with all requirements of federal
and state law that would apply if it were making such a transfer.
C. The transferor may remove the firearm from the premises of
the dealer or gun show or event while a background
check is being conducted, but the transferor must subsequently deliver the
firearm to the dealer to complete the transfer.
D. Neither the dealer nor the transferor may deliver any
firearm to the transferee if the results of the background check indicate that the transferee may not possess the
firearm. If the results of the background check indicate that the transferee
may not possess a firearm, the transferor may remove the firearm from the
premises of the dealer or gun show or event.
E. A dealer who agrees to facilitate
a transfer pursuant to this section may charge a reasonable fee to cover costs
for services rendered. (Ord.
3581, 2016)
9.60.050 Exceptions from the background check requirement.
The provisions of Section 9.60.030 do
not apply if:
A. Either the transferee or
transferor is a dealer; or
B. The transfer is between immediate family members; or
C. The transfer is of a curio or relic, as defined in 27 Code
of Federal Regulations 478.11, and is between collectors of firearms as curios
or relics as defined by 18 United States Code
921(a)(13) who each have in their possession a valid Collector of Curios and
Relics License issued by the Bureau of Alcohol, Tobacco, Firearms &
Explosives; or
D. The transfer is of an antique firearm, as defined in 18
United States Code 921(a)(16); or
E. The transfer is temporary and is necessary to prevent
imminent death or great bodily harm to the transferee, and
1. The transfer lasts only as long as necessary to prevent
such threat; and
2. The transferor has no reason to
believe that the transferee is prohibited from possessing firearms under state
or federal law and has no reason to believe that the transferee intends to use
the firearm in the commission of a crime; or
F. Either the transferor or the transferee is a law enforcement or corrections agency or is, to the extent the
person is acting within the course of their employment or official duties, a
peace officer, a law enforcement or corrections officer, a member of the armed
forces of the United States or the national guard, a
private security guard who possesses a firearm in performance of their duties,
or any officer of the United States government; or
G. The transfer is temporary, the transferor has no reason to
believe that the transferee intends to use the firearm in the
commission of a crime, and the transferee’s possession of the firearm takes place
exclusively:
1. At an established shooting range authorized by the
governing body of the jurisdiction in which such range is located; or
2. At a lawful organized
competition involving the use of a firearm, or while participating in or
practicing for a performance by an organized group that uses firearms as a part
of the performance; or
3. While en route to and from hunting or
trapping where the transferee possesses the firearm
and the transferee holds any license or permit required for the hunting or trapping activity;
or
4. In the actual presence of the transferor; provided that
any transfer allowed by this subsection is permitted only if the transferor has
no reason to believe that the transferee is
prohibited from possessing firearms under state or federal law or, if the
transferee is under eighteen years of age and is receiving the firearm under
direct supervision and control of an adult, that the transferor has no reason to believe such adult is prohibited from
possessing firearms under state or federal law; or
H. The transfer occurs by operation of law upon the death of a
person for whom the transferee is an executor, administrator, trustee, or
personal representative of an estate or a trust
created in a will.
I. The transferee holds either a valid Montana concealed
weapons permit or a valid concealed weapons permit from a state recognized
under Montana law as determined by Montana’s Attorney General, and the transferee presents the permit to the transferor prior to
the transaction. (Ord.
3581, 2016)
9.60.060 Violation – Penalties.
Any transferee or transferor who
transfers a firearm in violation of this chapter shall be guilty of a
misdemeanor punishable by a fine of up to five hundred
dollars on the first offense, and thereafter for subsequent violations by a
fine of up to five hundred dollars or by imprisonment for not more than six
months, or by both such fine and imprisonment. (Ord. 3581, 2016)
DISCHARGING
WEAPONS
Sections:
9.62.010 Declaration
of nuisance.
9.62.020 Discharge
of firearms within city declared unlawful‑‑Exception.
9.62.040 Approval and design of shooting ranges.
9.62.050 Bow and arrow restrictions.
9.62.010 Declaration
of nuisance. The discharge of firearms within the
city limits as well as certain designated areas within five miles of the city
limits is hereby declared to be a nuisance per se to both the health and safety
of individuals and, therefore, it is in the public interest to regulate the
discharge of firearms in these areas. (Ord. 2342 §1, 1983: prior code §21‑31).
9.62.020 Discharge of
firearms within city declared unlawful‑‑Exception. No person shall shoot or discharge any pistol, rifle or
other firearm within the city, except when done in the lawful defense of the
person, property or family, or by a law enforcement officer in the necessary
enforcement of the law, or in a regularly organized and supervised firing
range. No person shall, under any circumstances, fire or discharge a spring or
air rifle, air pistol or pellet gun within the city, except a law enforcement
officer in the necessary enforcement of the law. No person shall, under any
circumstances, shoot, fire, release or discharge any slingshot or similar
device within the city. (Ord. 2342 §2, 1983).
A.
A person commits the offense of disorderly conduct if he knowingly disturbs the
peace pursuant to the discharging of a firearm if he shoots or discharges any
pistol, rifle or other firearm within or near residentially or commercially
developed areas within three miles of the city limits in areas that have been
expressly designated herein by the city council pursuant to written request of
the county commissioners to the mayor and city council as areas where the
discharge of firearms would be objectionable except when done in the
justifiable use of force in lawful defense of the person, property or family,
or by a law enforcement officer in the
necessary enforcement of the law, or in a regularly organized and supervised
firing range that has been approved by a local governing body as required by 45‑8‑343(2),
MCA.
B. For purposes of this section, the term
"knowingly" is defined as follows: A person acts knowingly with
respect to conduct or to a circumstance described by a statute defining an
offense when he is aware of his conduct or that the circumstance exists. A
person acts knowingly with respect to the result of conduct described by a
statute defining an offense when he is aware that it is highly probable that
such result will be caused by his conduct. When knowledge of the existence of a
particular fact is an element of an offense, such knowledge is established if a
person is aware of a high probability of its existence. Equivalent terms such
as "knowing" or "with knowledge" have the same meaning.
C. The areas designated pursuant to this chapter
as areas where the discharge of firearms within three miles of the city limits
shall be objectionable and shall constitute disorderly conduct shall be as
follows:
1. Portions
of Mt. Jumbo lying within one mile of city limits (Map #1).
2. Portions
of Hellgate Canyon lying within five hundred yards of city limits (Map #2).
3. Portions of the Larchmont Golf Course, Fort
Missoula, McCauley Butte, Maclay Flats, Big Flat
Ditch, KYSS Radio tower, KGVO Radio towers, Maclay
Bridge, and Buckhouse Bridge land areas as shown on
the attached map, all lands being within three miles of the city limits (Map
No. 3); except that the Montana Fish, Wildlife and Parks may conduct special
shotgun deer hunts for deer damaging crops and on Montana Fish, Wildlife and
Parks property as shown on Map No. 3.
Deletions or
additions may be made from time to time by ordinance passed by the city council
pursuant to written request of the county commissioners as herein provided.
Each ordinance shall include a map showing the specific area in which this
restriction applies.
D. A fine of up to five hundred dollars may be
imposed for a violation of this section. Imprisonment shall not be available as
punishment for a violation of this section. (Ord. 2801 §2, 1992; Ord. 2546 §1,
1987; Ord. 2469 §1, 1985; Ord. 2458 §1, 1985; Ord. 2342 §3, 1983).
9.62.040 Approval and design of shooting ranges. Firearms may be discharged at an indoor or outdoor rifle,
pistol or shotgun shooting range located within the limits of the city or in a
private dwelling if the shooting range is approved by the city council. The
city public works director and city building inspector shall be the city staff
members responsible for reviewing requests for approval of shooting ranges and
advising the city council with respect to their review. The design suggestions
for shooting ranges that are printed and distributed by the National Rifle
Association shall be followed to the extent feasible and applicable whenever a
shooting range is constructed in the city. (Ord. 2359 §1, 1983).
9.62.050 Bow and arrow restrictions.
A. No person shall shoot, fire,
or otherwise discharge any arrow or projectile through the use of a bow or
other device within the city limits, except when done in the lawful defense of
the person, property or family; or when done on public or private land that has
been approved by the landowner and Montana Fish, Wildlife & Parks (FWP) for
a FWP managed bow hunting location; or when done either at an organized and
established public or private archery shooting range or gallery; or when done
at an archery shooting target area on private grounds or premises under
circumstances and in such a manner where any shooting, firing or other
discharge of an arrow or projectile can be and is being performed in a manner
so as not to endanger person, property, animal or fowl, and also performed in
such a manner so as to prevent any arrow or projectile from traversing any
grounds or air space outside the established boundaries or limits of any
archery shooting range gallery or archery shooting target area on private
grounds or premises.
B. No person who is less than
fifteen years of age shall shoot, fire, or otherwise discharge any arrow or
projectile through the use of a bow or other device except when done in the
lawful defense of the person, property or family; or when done while being
supervised by an adult as that term is defined in Montana state law. (Ord. 3449; 2010; Ord. 2431 §1, 1985) .
Illegal Discrimination
Sections:
9.64.030 Employment discrimination prohibited
9.64.040 Discrimination in public accommodations prohibited
9.64.050 Housing discrimination prohibited
9.64.060 Discrimination in educational institutions prohibited
9.64.070 Retaliation prohibited
9.64.090 Violation – Penalty and Civil Remedy
9.64.010
Purpose and Intent. It is the intent of the City of Missoula that no
person shall be denied his or her civil rights or be discriminated against
based upon his or her actual or perceived race, color, national origin,
ancestry, religion, creed, sex, age, marital or familial status, physical or
mental disability, sexual orientation, gender identity or expression. The city council declares that such
discrimination prohibitions are necessary and desirable for the following
reasons:
A. The city deems it necessary consistent
with Montana’s illegal discrimination law to identify, protect and safeguard
the right and opportunity of all persons to be free from discrimination as
identified in Montana’s illegal discrimination laws as well as to address and
make it illegal to discriminate on the basis of sexual orientation, gender
identity or expression.
B. The city finds that discrimination in the
areas of employment, public accommodations and housing is a serious threat to
the health, safety, and general welfare of the community. Discrimination creates strife and unrest and
deprives the city of its full capacity for economic development by decreasing
productivity and increasing demand for city services.
C. The city has received public testimony and
written complaints from citizens reporting instances of discrimination. The city finds that existing state and
federal laws regarding discrimination do not adequately address all
discriminatory acts reported by the city’s diverse residents. The city deems it necessary to adopt local
regulations adapted to the needs of its citizens.
D. Nothing in this chapter is intended to
alter or abridge other rights, protections, or privileges secured by state or
federal law, including state and federal constitutional protections of freedom
of speech and exercise of religion.
(Ord. 3428 §1,
2010)
9.64.020
Definitions. As
used in this chapter , unless the context requires otherwise, the following
definitions apply:
(1)
“Age” means the length of time from the date of
birth.
(2)
“Discrimination,” “discriminate” or “discriminatory”
means any act, policy, or practice that has the effect of unfavorably
subjecting any person to different or separate treatment on the basis of their
actual or perceived race, color, national origin, ancestry, religion, creed,
sex, age, marital or familial status, physical or mental disability, sexual
orientation, gender identity or expression, or because of their association
with a person or group of people so identified.
Discrimination based on physical or mental disability includes the
failure to make reasonable accommodations that are required by an otherwise
qualified person who has a physical or mental disability. An accommodation that would require an undue
hardship or that would endanger the health or safety of any person is not a
reasonable accommodation.
(3)
"Educational institution" means a public
or private institution and includes an academy; college; elementary or
secondary school; extension course; kindergarten; nursery; school system;
university; business, nursing, professional, secretarial, technical, or
vocational school; or agent of an educational institution.
(4)
“Employee” means an individual employed by an
employer.
(5)
“Employer” means an employer of one or more persons
or an agent of the employer but does not include a fraternal, charitable, or
religious association or corporation if the association or corporation is not
organized either for private profit or to provide accommodations or services
that are available on a nonmembership basis.
(6)
"Employment agency" means a person
undertaking to procure employees or opportunities to work.
(7)
“Familial status” means having a child or children
who live or will live with a person. A distinction based on familial status
includes one that is based on the age of a child or children who live or will
live with a person.
(8)
“Gender identity or expression” means a
gender-related identity expression, or behavior, regardless of the individual’s
sex at birth.
(9)
“Housing accommodation” means a building or portion
of a building, whether constructed or to be constructed, that is or will be
used as the home, domicile, residence, or sleeping quarters of its occupants.
(10)
“Labor organization” means an organization or an
agent of an organization organized for the purpose, in whole or in part, of
collective bargaining, of dealing with employers concerning grievances or terms
or conditions of employment, or of other mutual aid and protection of
employees.
(11)
“Marital status” means being married, never married,
divorced, or widowed.
(12)
“Perceived” refers to the perception of the actor,
and not to the perception of the person for or against whom the action is
taken.
(13)
"Person" means one or more individuals,
labor unions, partnerships, associations, corporations, legal representatives,
mutual companies, joint-stock companies, trusts, unincorporated employees'
associations, employers, employment agencies, organizations, or labor
organizations.
(14)
(a)
"Physical or mental disability" means:
(i) a
physical or mental impairment that substantially limits one or more of a
person's major life activities;
(ii) a record of such an impairment;
or
(iii) a condition regarded as such an impairment.
(b) Discrimination based on,
because of, on the basis of, or on the grounds of physical or mental disability
includes the failure to make reasonable accommodations that are required by an
otherwise qualified person who has a physical or mental disability. An
accommodation that would require an undue hardship or that would endanger the
health or safety of any person is not a reasonable accommodation.
(15)
(a)
"Public accommodation" means a place that caters or offers its
services, goods, or facilities to the general public subject only to the
conditions and limitations established by law and applicable to all persons. It
includes without limitation a public inn, restaurant, eating house, hotel,
roadhouse, place where food or alcoholic beverages or malt liquors are sold for
consumption, motel, soda fountain, soft drink parlor, tavern, nightclub,
trailer park, resort, campground, barbering, cosmetology, electrology,
esthetics, or manicuring salon or shop, bathroom, resthouse,
theater, swimming pool, skating rink, golf course, cafe, ice cream parlor,
transportation company, or hospital and all other public amusement and business
establishments.
(b) Public accommodation does not
include an institution, club, or place of accommodation that proves that it is
by its nature distinctly private. An institution, club, or place of
accommodation may not be considered by its nature distinctly private if it has
more than 100 members, provides regular meal service, and regularly receives
payment for dues, fees, use of space, facilities, services, meals, or
beverages, directly or indirectly, from or on behalf of nonmembers, for the
furtherance of trade or business. For the purposes of this subsection (20), any
lodge of a recognized national fraternal organization is considered by its
nature distinctly private.
(16)
“Sexual orientation” means heterosexuality,
bisexuality, or homosexuality.
(Ord. 3428 §2,
2010)
9.64.030
Employment discrimination prohibited.
A. No employer shall discriminate in the
employment, failure to hire, refusal to hire, compensation, work
classification, terms, conditions, or privileges of employment, including
promotion, demotion, or termination of employment.
B. No employer shall fail or refuse to refer
for employment, or give negative information to a potential employer of an
individual, in such a manner that would deprive or limit an individual’s
employment opportunities or that would otherwise adversely affect an
individual’s status as an applicant or prospective employee, for a
discriminatory reason.
C. No labor organization shall discriminate
in limiting membership, conditions of membership, or termination of membership
of any person in any labor union or apprenticeship program.
D. No employment agency shall discriminate in
the procurement or recruitment of any person for possible employment with an
employer.
(Ord. 3428 §3,
2010)
9.64.040
Discrimination in public accommodations prohibited. It shall be
unlawful for a place of public accommodation to deny, directly or indirectly,
any person the full and equal access enjoyment of the goods, services,
activities, facilities, privileges, advantages, and accommodations for a
discriminatory reason. (Ord. 3428 §4, 2010)
9.64.050
Housing discrimination prohibited.
It is unlawful
for any person, owner, manager, employee, or any entity whose business includes
engaging in any residential real estate related transactions to discriminate in
the sale, lease or rental of any housing facility, or to otherwise discriminate
in the terms, conditions, maintenance, improvement or repair of any housing
facility. The rental of sleeping rooms
in a private residence designed as a single dwelling unit in which the owner
also resides is excluded from this section provided that the owner rents no
more than three sleeping rooms within the residence. (Ord. 3428 §5, 2010)
9.64.060
Discrimination in educational institutions prohibited. It shall be
unlawful for any educational institution to deny, restrict, abridge or condition
the use of, or access to, any educational facilities or services to any person
for a discriminatory reason. (Ord. 3428 §6, 2010)
9.64.070
Retaliation prohibited. No person
shall coerce, threaten, discharge, expel, blacklist, or otherwise retaliate
against another person for opposing any practices prohibited by this chapter,
making a complaint, or assisting in an investigation or proceeding regarding an
alleged violation of this chapter; nor shall any person require, request
conspire with, assist, or coerce another person to retaliate against a person
for making a complaint or assisting in an investigation or proceeding. (Ord.
3428 §7, 2010)
9.64.080
Posting of notices. Every
employer, business, or entity subject to this chapter shall post in a conspicuous
location a notice stating, “Discrimination on the basis of actual or perceived
race, color, national origin, ancestry, religion, creed, sex, age, marital or
familial status, physical or mental disability, sexual orientation, gender
identity or expression is prohibited by the Missoula Municipal Code.” Entities subject to this chapter may provide
the notice by posting it where employee notices are customarily placed. (Ord.
3428 §8, 2010)
9.64.090
Violation – Penalty and Civil Remedy.
A. Any illegal discrimination specifically
addressed by Montana State law shall be submitted to the Montana Department of
Labor pursuant to Title 49, Chapters 2 and 3, Montana Code Annotated for
processing by the State of Montana. Pursuant
to sections 3-6-103 and 3-11-103 Montana Code Annotated it is intended that
violations of sections 9.64.010 through 9.64.080 Missoula Municipal Code not
specifically addressed by Montana State law are to be civil municipal ordinance
violations intended to be enforceable solely by the complaining person claiming
a violation of these sections or their authorized representative through a
civil proceeding within the exclusive jurisdiction of the City of Missoula
Municipal Court. The Montana Rules of Civil Procedure shall apply, except and
unless the City of Missoula Municipal Court establishes alternative rules of
civil procedure for matters within the exclusive jurisdiction of the City of
Missoula Municipal Court.
B. Any person claiming a violation of this
chapter may seek remedies, injunctive relief, or other equitable relief by
petition to the municipal court, or any other court of competent jurisdiction.
Any person claiming a violation of this ordinance must seek such relief within:
(1) 180 days of the last alleged violation,
(2) 180 days of the conclusion of a grievance
proceeding initiated by the complainant in accordance with a procedure as
established by a contract, written rule or policy, or collective bargaining
agreement, or
(3) 300 days of the last alleged violation if a
grievance proceeding initiated by the complainant in accordance with a
procedure as established by a contract, written rule or policy, or collective
bargaining agreement has not been completed within 120 days of initiation of
the proceeding.
The initiation of or the granting of relief under a
grievance procedure shall not preclude or limit any other claims or remedies
available under this chapter. Defendants shall not collect attorney’s fees
unless the claim is clearly frivolous, unreasonable, or factually groundless,
or the claimant continued to litigate after the claim clearly became so.
C. In
instances where the City of Missoula Municipal Court has found that the
defendant in any civil proceeding pursuant to this chapter has violated a
section of the chapter three or more times within a twelve (12) month time
period, any Fourth and subsequent violations during any twelve (12) month time
period may also be charged and prosecuted as a misdemeanor violation. and
may be fined up to five hundred dollars for each violation. There shall be no imprisonment as a penalty
for a violation of this chapter
(Ord. 3428 §9, 2010)