Title 7, Title 7

(1) A local government shall require that a person, unless exempt under subsection (3), appointed to receive requests for emergency services, as defined in 10-4-101, and to dispatch the appropriate emergency service units be certified by the council as a public safety communicati…

Whenever the governor issues a proclamation declaring that an emergency exists in any county requiring the relief of suffering of the inhabitants caused by famine, destitution, conflagration, or other public calamity, the board of county commissioners of the county may transfer t…

A local governing body may not by ordinance, resolution, or rule prohibit the operation of a mobile amateur radio station from a motor vehicle, including while the vehicle is in motion, that is operated by a person who holds an unrevoked and unexpired official amateur radio stati…

The city or town council has power to provide for a board of health and to prescribe its powers and duties and, when a board of health is provided, for the board of health to have jurisdiction within the city or town limits.

The city or town council has power to regulate the use and construction of irrigating ditches, drains, and flumes within or running through any city or town.

The city or town council has power to suppress and punish all fraudulent devices and practices for the purpose of obtaining money or property and to prohibit the same or exhibition of immoral publications, prints, pictures, or illustrations.

(1) A city or town may adopt a plan to control, remove, and restrict game animals, as defined in 87-2-101, within the boundaries of the city or town limits for public health and safety purposes. Upon adoption of a plan, the city or town shall notify the department of fish, wildli…

(1) The legislature declares that the control of ditchwater in inhabited areas of Montana is affected with the public interest. (2) The purpose of this part is to prevent drowning of children in ditches filled or partially filled with water within the limits of an incorporated ci…

(1) This part shall be deemed an exercise of the police power of the state in and for the protection of the welfare, health, peace, and safety of the people of Montana. This part shall be construed merely as a regulation in the public interest so that the diversion, transportatio…

Notwithstanding any provision contained in Title 85 or any law pertaining to the use of water in Montana, it is hereby declared that water which flows through the limits of an incorporated city or town in an open ditch is a public nuisance if such city or town, acting through its…

The governing body of the city or town is hereby given the power to: (1) investigate the dangerous condition of such ditches within the corporate limits and declare any such ditch a public nuisance; and (2) determine the measures necessary to remove the danger and public nuisance…

(1) When a public nuisance has been declared, as provided in this part, the city or town shall give public notice for at least 60 days to owners of the ditch and of any water rights affected that such ditch has been declared a public nuisance and that it shall be closed and fille…

(1) If a person claims that the water has not been abandoned and claims the right to use water in a ditch that the city or town has declared a public nuisance, the person shall notify the city or town before the expiration of the 60-day period that the person wishes to continue t…

(1) This part does not apply to ditches carrying water used for commercial irrigation purposes. (2) However, whenever the public interest or convenience may require, a city or town is hereby authorized and empowered to create a special improvement district for the purpose of buil…

In counties having a taxable valuation of less than $30 million, on agreement of the legislative body of a city or town with the county commissioners of the county in which it is located, there may be established a department of public safety in lieu of a police department and a …

The director of the department of public safety is the sheriff, who may be elected or may be appointed by the public safety commission if the form of county government provides for an appointed sheriff. An appointed director shall receive a majority of the votes of the public saf…

(1) The director has the powers and shall perform the duties conferred on and required of sheriffs, police officers, and chiefs of police, except in cases involving the discharge or termination of employment of subordinate employees. (2) Officers and patrol officers of the city o…

The provisions of 7-4-2503 notwithstanding, the salaries of the director and employees of the department of public safety shall be established by the public safety commission and shall be paid by the city or town with the board of county commissioners. The salary of the director …

For the purpose of serving and making return on all criminal and civil process, executing judgments, decrees, and orders of court, and making sales thereunder and returns thereof, the director shall be known and designated as "sheriff of the city and county of ...." and each poli…

"Employee" or "subordinate employee" means but is not limited to any officer or patrol officer of the city or town police department, any deputy of the county sheriff's office, or any person employed as a clerk, dispatcher, or secretary by the department of public safety or so em…

In all cases involving the discharge or the termination of employment of any subordinate employee by the director of the department of public safety, such employee is entitled to a full hearing as provided in this part, except that those employees covered under collective bargain…

(1) A director appointed by the public safety commission shall at the time of the discharge or termination of the employment of any subordinate employee provide the employee with a written statement, subscribed and sworn to by the director, setting forth the cause or causes for t…

(1) A director who is elected shall at the time of the discharge or termination of employment of any subordinate employee be required to follow the procedures of notice required of an appointed director. (2) Any employee discharged or terminated by an elected director is entitled…

If an employee prevails in an appeal to the district court, the employee is entitled to be reinstated to the same position previously held and at the same salary received prior to discharge or termination by the director.

(1) (a) A department of public safety may establish a work period other than the workweek provided in 7-32-2111 or 39-3-405 for determining when an employee may be paid overtime. (b) The aggregate of all work periods in a year, when expressed in hours, may not exceed 2,080 hours.…

(1) The department of public safety shall be under the supervision of a public safety commission. (2) The commission shall consist of three, five, or seven members. Each member of the commission shall serve a 4-year term and shall be appointed as provided in 7-32-121 through 7-32…

(1) Upon the creation of a three-member commission: (a) one member must be appointed by the legislative body of the city or town; (b) one member must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of county comm…

(1) Upon the creation of a five-member commission: (a) two members must be appointed by the legislative body of the city or town; (b) two members must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of county com…

(1) Upon the creation of a seven-member commission: (a) three members must be appointed by the legislative body of the city or town; (b) three members must be appointed by the board of county commissioners; and (c) one member must be appointed by the members of the board of count…

Each commission member shall reside at the time of appointment within the county if selected by the board of county commissioners or within the city or town by which appointed.

(1) In case of a vacancy for any cause, a new member must be appointed in the same manner as the person replaced. The appointee shall serve out the unexpired portion of the term of the person replaced. (2) The successor for a commission member whose term has expired must be appoi…

(1) Not later than 60 days after the commission is authorized, the members of the commission shall meet and organize at a time that must be set by the board of county commissioners and the legislative body of the city or town. (2) At the first meeting of the commission, the membe…

Meetings of the commission must be held upon call of the presiding officer, the vice presiding officer in the absence or inability of the presiding officer, or a majority of the commission members. Hearings in all cases involving employee discharge or termination must be held upo…

Members of a public safety commission shall receive no compensation but may receive actual and necessary travel and other expenses incurred in the performance of official duties. Such costs shall be borne by the county if the commission member is appointed by the board of county …

As used in this part, the following definitions apply: (1) "Auxiliary officer" means an unsworn, part-time, volunteer member of a law enforcement agency who may perform but is not limited to the performance of such functions as civil defense, search and rescue, office duties, cro…

(1) A reserve officer may not participate in any pension or retirement system established for full-time law enforcement officers. (2) An auxiliary officer may not participate in any pension or retirement system established for full-time law enforcement officers.

(1) Each law enforcement agency that utilizes reserve officers or special services officers shall provide full workers' compensation coverage for the officers while they are providing actual service for a law enforcement agency. The law enforcement agencies shall pay to the insur…

When the sheriff is committed under an execution or commitment for not paying over money received by virtue of the sheriff's office and remains committed for 60 days, the office is vacant.

(1) The sheriff, as soon as possible after taking office, shall, except in counties with a population of less than 750, appoint an undersheriff to serve at the pleasure of the sheriff. The undersheriff has the same powers and duties as a deputy sheriff. (2) A deputy sheriff appoi…

(1) A sheriff may not employ an individual as a deputy sheriff unless the individual: (a) is a graduate of an accredited high school or the equivalent; (b) is of good moral character; (c) has never been convicted of a felony; (d) has not within 5 years immediately preceding the d…

Any person whose term of employment as a deputy sheriff commences subsequent to March 2, 1967, shall serve a 1-year probationary period, and during this 1-year period the employment of any such deputy may be terminated by the sheriff with or without cause and without recourse to …

(1) It shall be the duty of the sheriff to cause all deputies whose term of employment commenced subsequent to March 2, 1967, to attend that academy provided for by Title 44, chapter 10, except that the sheriff may accept reasonable delays in attendance at the academy as shown by…

(1) A deputy sheriff shall continue in service until relieved of employment in the manner provided in this part and only for good cause as defined in 39-2-903. (2) Quotas for investigative stops, citations, or arrests may not be established and may not be used in evaluating deput…

When a sheriff terminates the employment of a deputy, the sheriff shall at the time of termination cause to be served upon the deputy a statement in writing setting forth the cause or causes for the discharge or termination of the deputy's employment.

(1) A deputy sheriff whose employment is terminated has a right of appeal: (a) to the district court of the county where the deputy was employed; or (b) pursuant to the terms of a grievance procedure contained in a collective bargaining agreement if the deputy sheriff is covered …

A local government may authorize reserve officers. A person who meets minimum standards for appointment as a peace officer may be appointed as a reserve officer.