Ordinance 702 - Operation of Motor Vehicles by Minors Under 18rM
APPROVED BY THE MAYOR OF SAID CITY OF KALISPELL, MONTANA, this
Third day of June, 1963.
T. R. Flynn
Mayor
ATTEST:
H. J. Hunt
City Clerk
I, H. J. Hunt,
City Clerk of
the City of Kalispell, Montana, do hereby certify
that on the
4th day of June,
1963, I posted a copy of the foregoing ordinance
In my office
and the same remained posted for a period of five days and the
foregoing is
a true and correct copy of the ordinance as passed.by the City
Council.
J)
City Clerk of the City of Kalispell, Montana
ORDINANCE NO. 702
AN ORDINANCE VES71NG TITS POLICE COURT OF THT CITY OF KALISPELL, MONTANA
idI'Cii ORIGINAL JURISDICTION IN PROCEEFTNGS CONCERNI`:G 797 UNLXWFUL OPERATION
OF MOTOR VEHICLES BY CHILDREN 'UNDIA T'L All OF EICN=N (18) YEARS;
DEFINING M07OR VEHICLES; PROVIDING 7OR -ISSUANCE OF SUMMONS; PROVIDING A.
PENALTY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF TUE CITY OF KALISPELL, MONTANA:
SECTION 1. Motor Vehicle. Every vehicle which is self-propelled and in,
upon, or by which any person or property is, or may be, transported or drawn
upon the streets, avenues, alleys and highways within the City of Kalispell,
' Montana, except devices moved by human power or used exclusively upon station-
ary rails or tracks.
SUCTION 2. Original Jurisdiction of Police Court-- Un.lawful. Operation of
Motor Vehicles by Children Under Eighteen. The Police Court of the Citv of
Kalispell, Montana is hereby vested with original jurisdiction in all proceedings
concerning the unlawful operation of motor vehicles by children under the age
of eighteen (18) years.
SECTION 3. Penalty. Whenever, after a hearing before the Police Court of
the City of Kalispell, Montana, it shall be found that a child under the age
of eighteen (18) years has unlawfully operated a motor vehicle, the said Police
Court may (a) impose a fine, not exceeding, fifty dollars ($50.00), provided
such child shall- not be imprisoned for failure to pay such fine, (b) may revoke
the driver's license of such child, or suspend the same for such time as may
be fixed by the court, and (c) may order any motor vehicle owned or operated
by such child to be impounded by the probation officer for such time, not
exceeding sixty (60) days, as shall be fixed by the court; provided, however,
that if the court shall find that the operation of such motor vehicle was
without the consent of the owner, then such vehicle shall not be impounded.
Upon nonpayment of any fine herein provided for, the court may order that any
motor vehicle owned by said child or operated by said child with the consent
of the owner shall be impounded until the fine shall be paid, or may order
that the driver's license of such child shall be taken up and held by the
probation officer until payment of said fine, or may cause both said motor
vehicle and said driver's license to be taken up and impounded until such fine
shall be paid; but no child shall be committed to or held in any detention
facility or jail by reason of nonpayment of such fine.
SECTION 4. Summons --Issuing to Child Under Eighteen, Whenever any child
under the age of eighteen (18) years shall unlawfully operate a motor vehicle
in the presence of any Officer of the Police Denartment of the City of Kalispell,
Montana, such Officer may deliver to said child a form of Summons describing the
nature of the offense, with instructions thereon to report to the Police Court
of the City of Kalispell, Nonta-,p; and. the Court shall be informed thereof by
the delivery of a copy of said'. Summons to the. Judge of said Court, and by the,
delivery of a copy of said. Summons to the Probation Officer. of. Flathead County,
Montana, who shall in turn deliver the same to the Judge of said Court.
ass
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SECTION 5. An emergency is hereby declared to exjst and this Ordinance
shall be in full force and effect upon passage and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONT'ANA, and
APPROVED BY THE MAYOR THIS FIFTH DAY OF AUGUST, 1963.
T. R. Flynn
ATTEST: Mayor
H. J. Hunt
City Clerk
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify
that on the 6th day of August, 1963, I posted a copy of the foregoing Ordinance
in my office and the same remained posted for a period of five days and the
foregoing, is a true and correct copy of the Ordinance as passed by the City
Council.
City Clerk of the City of Kalispell, Montana