12.60.050 Enforcement.
- Violations.
- Written Warning Required. For a first violation of any provision of Chapter
12.60, a violator will be given a written warning identifying the provisions of
Chapter 12.60 that were violated. Where possible, the written warning should
provide suggested remedies that may correct the violation as well as a timeframe
to correct the violation. The written warning and associated municipal infraction
under this Section must occur no less than 24 hours apart.
- Violations to Be Enforced as a Municipal Infraction; Criminal Charges not
Authorized. A second or subsequent violation of Chapter 12.60, after a prior
written warning or after a prior judgment as a municipal infraction under this
Subsection within the previous year, may be enforced as a municipal infraction
under Chapter 12.01 of the Missoula Municipal Code. If the City or private party
incurs costs to remediate the area around an individual’s camp structure due to
violations of the Time, Place, and Manner requirements above, those costs may be
imposed as restitution in lieu of the civil penalty provided by Section 7-1-4150,
MCA.
- Violations to Be Enforced as Community Service Suggestion to the Municipal Courts. If a violator did not remedy the violations within the allotted timeframe and is receiving a second or subsequent violation of Chapter 12.60, this violation may be enforced as a community service directive by the municipal court.
- Penalty Authorized. No violation of this Chapter shall be considered a criminal
offense; violations of this Chapter shall only be enforced as a municipal civil
infraction. Further, the City desires to impose required community service and/or
restitution in lieu of civil penalties; however, where the interests of justice are
furthered by the imposition of a civil penalty, the state law defined penalties for
municipal infractions are authorized (Section 7-1-4150, MCA). Jail time is not an
authorized penalty under this Chapter.