Get updates delivered to you daily. Free and customizable.
KPAX
Missoula may lower the penalty for some municipal code violations
By Martin Kidston - Missoula Current,
15 hours ago
The Missoula City Council could reduce the penalty for certain code violations from a criminal misdemeanor to a civic infraction in cases where a penalty isn't already specifically under municipal law.
Council member Daniel Carlino this week introduced a measure that would address violations of the city's “general penalty” by lowering the punishment.
“Currently, the general penalty for Missoula is a misdemeanor, entering Missoulians into the criminal justice system for municipal code violations,” Carlino said. “We as a city should take a closer look at alternatives.”
City Attorney Ryan Sudbury said that roughly 75% of code violations have a specific penalty written in. But the other 25% don't and it's there where the city may make any violation a simple “infraction” rather than a misdemeanor.
While a municipal infraction often comes with a $300 fine, it's rarely enforced, Sudbury said. He added that the city rarely cites violations under the “general penalty.”
“We usually start with letters and warnings before we ever consider fines at the Municipal Court,” he said. “We don't cite under the general penalty very often.”
Sudbury added that the changes if approved, wouldn't release all criminal responsibility.
“We're not effecting anything that's a state law or crime. We do duplicate some state law crimes, but not very many. The more traditional crime elements we have in city code already have penalties,” he said.
While the City Council has yet to vote on the issue, some are seeking assurance that the proposed changes don't soften the penalty for most violations.
Rather, the changes would only apply to general penalties and the more common violations.
“This isn't the city releasing all criminal responsibility,” said council member Mike Nugent. “We're not saying theft is no longer a criminal penalty, or speeding. We're looking at the 25% that are very basic.”
Get updates delivered to you daily. Free and customizable.
Welcome to NewsBreak, an open platform where diverse perspectives converge. Most of our content comes from established publications and journalists, as well as from our extensive network of tens of thousands of creators who contribute to our platform. We empower individuals to share insightful viewpoints through short posts and comments. It’s essential to note our commitment to transparency: our Terms of Use acknowledge that our services may not always be error-free, and our Community Standards emphasize our discretion in enforcing policies. We strive to foster a dynamic environment for free expression and robust discourse through safety guardrails of human and AI moderation. Join us in shaping the news narrative together.
Comments / 0