Montana § 7-5-4104 Control Of Nuisances -- Exception

Montana Statutes

§ 7-5-4104 — Control Of Nuisances -- Exception

Montana § 7-5-4104

Title 7LOCAL GOVERNMENT

Ch. 5GENERAL OPERATION AND CONDUCT OF BUSINESS

Part 41Conduct of Municipal Government

This text of Montana § 7-5-4104 (Control Of Nuisances -- Exception) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 7-5-4104 (2026).

Text

7-5-4104 . Control of nuisances -- exception.

(1)The city or town council has power to:

(a)define, control, and abate all conditions:

(i)that endanger health or safety;

(ii)that are offensive to the senses; or

(iii)that obstruct the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons; and

(b)enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous locations in the municipality.

(2)A condition that affects an entire committee or neighborhood or any considerable number of persons as provided in subsection (1)(a)(iii) is no less a nuisance because the extent of the annoyance or damage inflicted on individuals is unequal.

(3)The city or to

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7-5-4104 . Control of nuisances -- exception. (1) The city or town council has power to:
(a) define, control, and abate all conditions:
(i) that endanger health or safety;
(ii) that are offensive to the senses; or
(iii) that obstruct the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons; and
(b) enforce the penalty for violations of 7-5-4113 and post copies of 7-5-4113 in conspicuous locations in the municipality.
(2) A condition that affects an entire committee or neighborhood or any considerable number of persons as provided in subsection (1)(a)(iii) is no less a nuisance because the extent of the annoyance or damage inflicted on individuals is unequal.
(3) The city or town council may not prohibit the placing of a "notice of violation" card on a motor vehicle illegally parked in an accessible parking space.

Legislative History

En. Subds. 33, 81, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.32, 5039.80, R.C.M. 1935; R.C.M. 1947, 11-935, 11-983; amd. Sec. 2, Ch. 406, L. 1993; amd. Sec. 3, Ch. 67, L. 1997; amd. Sec. 2, Ch. 390, L. 2021; amd. Sec. 2, Ch. 522, L. 2025.