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City attorney outlines plan to create civil infraction process; commission asks for draft ordinance
Summary
City Attorney Tyler West explained MCA 7‑1‑4150 and proposed converting certain ordinance violations to civil infractions to avoid criminal penalties and jury trials; commissioners asked for a draft ordinance and examples of codes to include.
City Attorney Tyler West briefed the Lewistown City Commission on Nov. 3 about the authority to designate civil infractions under MCA 7‑1‑4150 and the practical benefits of doing so for selected ordinance violations.
West said a civil‑infraction process would move some matters out of the criminal code, eliminate jury trials for those violations, and expand available remedies in civic court. He suggested drafting a public‑nuisance provision applicable to issues such as chronic dogs at large, trash complaints and parking violations and recommended placing the new scheme in Title 1, Chapter 3 of the city code with a new section for civil infractions.
Commissioners asked for examples and asked staff to return with a draft ordinance listing the specific code sections proposed for conversion. No formal vote was taken; the Commission directed the City Attorney to prepare a draft ordinance for future consideration.
