Lewistown staff proposes civil‑infraction approach for low‑level ordinance violations

City staff presented a proposal to designate certain low‑level municipal ordinance violations as civil infractions under MCA 7‑1‑4150, a change staff says could reduce jury trials and save police and court time.

The city attorney/staff member explained that civil infractions would shift many nuisance‑type issues out of criminal misdemeanor treatment and into civil court, where remedies such as injunctions, cleanup orders and judgments could be pursued without triggering a jury trial. Examples suggested for consideration included parking violations, pets at large, chronic garbage problems and some sign violations. Staff emphasized this would not apply to offenses that carry jail time or more serious criminal consequences.

The proposal prompted procedural and technical questions from commissioners: whether civil‑infraction adjudications could still be reported to state agencies (for example, to the DMV for right‑of‑way records), whether appeals would remain possible (appeals would go to district court), and how surcharges and collections would be handled. Staff said appeals would follow the same judicial route as comparable criminal cases and that some reporting to state agencies could still occur depending on designation.

Commissioners generally expressed interest in reducing resource burdens but asked staff to return with a drafted ordinance, a recommended list of code sections to convert to civil infractions, and examples of how similar‑sized Montana communities use the authority. Staff said they expect to provide a draft ordinance and recommended list at a future meeting for commission review.