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HomeMy WebLinkAboutOrdinance No. 562r ? ORDINANC E NO. BEING AN ORDINANCE PLACING JURISDICTION IN THE POLICE COURT OF THE CITY OF LAUREL, OVER MINORS IN THE UNLAW FOUL OPERATION 01' MOTOR VEHICLES AND PROVIDING FOR THE PUNISH- MENT THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA: 13 - 3: Purpose: Whereas the State Legislature has granted con- current, original jurisdiction to municipal police courts over the traffic violations of children under the age of eighteen (18) years, it is the purpose of this Ordinance to accept such jurisdiction by the police court of the City of Laurel. (1) Arrest: Whenever any child under the age of eighteen (18) years`- Eaunlawfully operate a motor vehicle in the presence of any paliaeofficer of the County of Yellowstone, City of Laurel, or in the presence of any Montana State Highway Patrolman, . and such operation is in violation of any ordinances of the City of Laurel and such violation having occurred within the limits of the City of Laurel, such officer shall deliver to the child a summons describing the nature of the offense with a date thereon to report to the police court of the City of Laurel; and thereafter the officer shall deliver a copy of the summons to the probation officer, who in turn shall file the same with the City Police Judge. (2) Form of Summons: The summons as provided above, shall, in or nary language, inform the child of the traffic offense charged against him, the time and place of such offense and shall provide therein a time in which the child shall appear before the police court oi. the City of Laurel. The summons must be signed by the arresting officer. No appearance bond shall be required from said minors. (3) Failure of Appearance: Upon the failure of any minor charged under the provisions o is Ordinance to appear in police court at the time specified in the summons above described, the police judge of the City Laurel shall order the immediate arrest of said minor, and any police officer of the County of Yellowstone, or City o,. Laurel or State Highway Patrolman may immediately arrest said minor and bring the same before the Police Judge. (4) Hearing: Whenever, after a hearing before the Court withou?y, it shall be found that a child under the age of eighteen (18) years has unlawfully operated a motor vehicle in violation of any ordinance of the City of Laurel, the Court may; (a) Impose a fine not exceeding $50.00, provided such child shall not be imprisoned for failure to pay off same. (b) May revoke the driver's license of such child or sus- pend the same for such time as may be fixed by the Court. and may require the deliverance ok the driver`s license to the Court. (c) May order any motor vehicle owned or operated by such minor to be impounded by the probation officer for such time, not exceeding sixty (60) days, as shall be fixed by the Court, provided however that if the Court shz.ll find that the opera- tion of such motor vehicle was without the consent of the. Owner, then such vehicle shall not be impounded. (d) Upon nonpayment of any fine herein provided for, the Court may order that any motor vehicle owned by said child or operated by said child with the consent of the owner shall be impounded until the fine shall be paid, or may order that the driver's licence of such child shall be taken up and held by the probation officer until the pay- ment of said fine, or may cause both said motor vehicle and said driver's license to be taken up and impounded until such fine shall be paid, (5) Effective Date: This ordinance shall be numbered as above prove e , to be included under Chapter XHI of the Revised Ordinances of the City of Laurel of 1961' and shall be effective in thirty (30) days after the passage and approval thereof. Passed and approved this 18th day of June, 1963, ayor ATTEST: i y erk ;