The birthplace of Montana

City of Fort Benton

Municipal Codes

If you are looking for a specific City Ordinance, please contact City Hall at 406-622-5494.

The ordinances listed below are the ordinances that are commonly requested.

Common Codes of Interest:


Business License

5.04.020 License—Required.

A. A license shall be obtained in the manner proscribed herein by any person or entity who transacts any business, trade, occupation or other profession in the city. It is unlawful for any person or entity to transact any business, trade, occupation or profession in the city without such license first being procured and kept in effect at all such times as required by this chapter.

B. For purposes of this chapter, all businesses requiring licensing shall be determined to be a home occupation business, a resident commercial business or a nonresident delivery business as defined below:

Home Occupation. See definition and requirements provided in Section 17.12.380 and Section 17.16.060 of the Municipal Code of Fort Benton.

"Resident commercial business" means a person, firm or corporation with a fixed premises or legal address within the city or county which sells goods, services, or other articles of trade directly to the consumer or for resale by others.

"Nonresident delivery business" means a person, firm, or corporation with no fixed premises or legal address within the city or county which engages in business at temporary premises (includes transient peddlers).

C. Exemptions. Businesses exempt from the terms of this chapter are:

1. Nonprofit organizations,

2. Governmental entities,

3. Businesses or professions exempted by state law,

4. Persons or entities with no base of operations in the Fort Benton City limits who exclusively deal with wholesale sales and contact businesses in the city only by salesmen, telephone, or mail. (Ord. 1-99 §§1, 2; Ord. 2-98 §1(part)).


Bonfires and Fireworks

8.24.010 Permit required.

Except as provided for in subsections A. through D. of this section, a person shall obtain a special permit from the chief of police to build, set or cause a bonfire, or discharge fireworks, firearms or cannons, on any lot, street, alley, park or other public place in the city without having first obtained a special permit from the chief of police.

A. A person may display fireworks two days prior to the Fourth of July and one day after the Fourth of July ending at 10:30 p.m. each day.

B. A person may display fireworks until 12:00 midnight on the Fourth of July.

C. A person may display fireworks on New Year's Eve until 1:00 a.m.

D. A person must obtain a permit from the chief of police for all fireworks displays on public property. (Ord. 40-79 §1: prior code §6-511). (Ord. No. 2012-02, §§ 1, 2, 8-20-2012)


Dogs:

Section 1. Section 6.01.010(N) of Title 6, Chapter 6.01 of the Fort Benton Municipal Code is hereby amended to read as follows (additions bolded):

Service Animal” means a dog or miniature horse that is individually trained to do work or perform tasks for the benefit of a person with a disability.  The task(s) performed by the dog or miniature horse must be directly related to the person’s disability.

6.02.020 Running at large prohibited.

It is unlawful for any person who owns or harbors a pet, or the parents or guardians of a person under the age of eighteen, to allow such pet to run at large within the city limits. All pets not confined within a secure enclosure (as defined in Chapter 6.01) shall be kept on a leash (as defined in Chapter 6.01) not more than ten feet long. Cats are not required to be on a leash, but they must be confined to the owner's property or be under the physical control of the owner or the owner's agent. A service animal, as described in Chapter 6.01, who has been duly and properly trained, must be harnessed, leashed, or tethered while in public places unless these devices interfere with the service animal’s work or the person’s disability prevents use of these devices. In that case, the person must use voice, signal, or other effective means to maintain control of the animal.

6.06.010 Number of dogs.

Residents of the City of Fort Benton may not own or possess more than two dogs that are over four months of age per household. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.020 Duty to register.

Any person owning, keeping, harboring, or having custody of any dog over four months of age within the city limits must register their dog annually with the city clerk. Application for licensing must be made within thirty days after obtaining a dog over four months of age. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.030 Application process and requirements.

Owners shall submit to the city clerk a written application for licensing on a form provided by the clerk, which shall include the name and address of the owner, and a description of the dog. At the time of the submission of the application for licensing, the owner must present evidence of a current rabies inoculation certified by a licensed veterinarian. The owner shall also pay a license fee of ten dollars at the time of registry. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.040 Tag—collar.

A. Upon acceptance of the licensing application and fee, the city clerk shall issue a tag with an identifying number. Tags shall be designed so that they may be conveniently fastened or riveted to the dog's collar or harness. B. Dogs must wear the identification tag at all times when off the premises of the owner. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.050 Dogs in city parks and levees

Dogs are permitted in parks and levees only if they are on a leash not more than ten feet in length. All solid excrement must be picked up and disposed of by the person in control of the dog. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.060 Prohibitions during Summer Celebration.

It is unlawful for any person to have a dog in Old Fort Park or Veteran's Park in the City of Fort Benton from 6:00 a.m. on Friday until 6:00 p.m. on Sunday of the annual Summer Celebration weekend. This prohibition shall be posted in conspicuous places in and around Old Fort Park and Veteran's Park prior to and during the Summer Celebration weekend. (Ord. No. 2017-01, § 2, 4-3-2017)

6.06.070 Violations—Penalty.

A violation of this chapter is a municipal infraction punishable by a maximum fine of three hundred dollars for each violation or five hundred dollars for each repeat violation. (Ord. No. 2017-01, § 2, 4-3-2017)


Noise:

17.52.040 Noise.

Noise emanating from any use may not be of such volume or frequency as to be unreasonably offensive at or beyond the property line. Unreasonably offensive noises due to intermittence, beat frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses. (Ord. 1978-2 Art. IV §10(4)).


Parking:

10.16.110 Parking for purposes of sale, repair, or storage.

A.   No person shall park any vehicle or motor vehicle, upon any street, roadway, or thoroughfare or on and in any other public place for the purpose of:

      1.  Displaying such vehicle or motor vehicle for sale;

      2.   Washing, greasing or repairing such vehicle except repairs necessitated by an emergency; or

      3.  Displaying advertising; provided, however, that, upon application made to the city council by any group, organization or person, the city council may, in its discretion, waive, for a temporary stated period of time, the enforcement of this section as it applies to the applicant.

 B.  No person shall park or leave any vehicle or motor vehicle upon any street, roadway, or thoroughfare for more than fourteen (14) consecutive days without moving it.

C.  From November 1st through April 30th, [n]o person shall park or leave any major recreational equipment or any trailers, including agricultural or car trailers, upon any street, roadway, or thoroughfare for more than twenty-four (24) hours.  However, major recreational equipment or trailers may be parked on a street, roadway, or thoroughfare for a period not exceeding twenty-four (24) hours for loading or unloading so long as it is parked in a manner that does not interfere with traffic.  From May 1st through October 31st, no person shall park or leave any major recreational equipment or any trailers, including agricultural or car trailers, upon any street, roadway, or thoroughfare for more than seventy-two (72) hours.  However, major recreational equipment or trailers may be parked on a street, roadway, or thoroughfare for a period not exceeding seventy-two (72) hours for loading or unloading so long as it is parked in a manner that does not interfere with traffic.  

D.  For purposes of this Section, the term “major recreational equipment” means the definition for the same provided in Section 17.48.060 of Title 17, Chapter 48 of the Fort Benton Municipal Code.


Sidewalks

12.16.050 Owners to keep clear of snow, ice, and other impediments.

It is the duty of the owner and tenant of any premises, within the limits of the city, to keep sidewalks in front of and adjoining their premises free and safe for pedestrians. All possible attempts shall be made to remove snow, ice, slush, mud, and other impediments to insure safe and convenient foot travel. Impediments, such as store merchandise, shall be displayed in a safe and non-restrictive manner, keeping pedestrian traffic unencumbered. Sidewalks must in all cases be freed from the night's accumulation of snow, ice, slush, mud, or other impediments before nine a.m. on the following morning. When, from the freezing of water, snow or slush thereon, or by reason of smoothness resulting from the wear of foot travel or from any cause difficult to the free passage of pedestrians, it shall be the duty of the aforesaid owners and tenants of premises in front of which said sidewalks have been constructed to forthwith remedy said conditions by sprinkling sand, or ashes, or "sidewalk safe" deicers, on the sidewalks. Rock salt or any abrasive corroding substance cannot be used. Slush caused by chemical melting must be removed to insure the protection of the sidewalks. Any deterioration to the sidewalks due to use of salts, will be repaired or replaced by the property owner at their expense in a timely manner. The owners shall remove the same in accordance with the directions of the street commissioner or city engineer. Ord. 2002-03 § 1: prior code §11-105