Montana Code 50-40-115. Penalties
50-40-115. Penalties. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104. A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.
Terms Used In Montana Code 50-40-115
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-40-103
- Person: means an individual, partnership, corporation, association, political subdivision, or other entity. See Montana Code 50-40-103
- to smoke: includes the act of lighting, smoking, or carrying a lighted cigar, cigarette, pipe, or any smokable product and includes the use of marijuana. See Montana Code 50-40-103
(2)A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:
(a)a warning for the first violation;
(b)a written reprimand for a second violation; and
(c)within any 3-year period, a fine of:
(i)$100 for a third violation;
(ii)$200 for a fourth violation; and
(iii)$500 for a fifth or subsequent violation.
(3)Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119, 23-5-177, or 23-5-611(1)(a) or (1)(c).