Montana Code 61-12-101. Powers of local authorities to regulate traffic
61-12-101. Powers of local authorities to regulate traffic. (1) The provisions of chapters 8 and 9 do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from:
Terms Used In Montana Code 61-12-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
- Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(a)regulating the standing or parking of vehicles;
(b)regulating the traffic by means of police officers or traffic control devices;
(c)regulating or prohibiting processions or assemblages on the highways;
(d)designating particular highways as one-way highways and requiring that all vehicles on those highways be moved in one specific direction;
(e)regulating the speed of vehicles in public parks;
(f)designating any highway as a through highway, as defined in 61-8-341, and requiring that all vehicles stop before entering or crossing a through highway and designating any intersection, as defined in 61-8-102, as a stop intersection and requiring all vehicles to stop at one or more entrances to stop intersections;
(g)restricting the use of highways as authorized in 61-10-128(2);
(h)regulating the operation of bicycles or mopeds, as defined in 61-8-102, and requiring the registration and licensing of bicycles or mopeds, including requiring a registration fee;
(i)regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
(j)altering the speed limits as authorized in Title 7, chapter 14, and Title 61, chapter 8;
(k)regulating the operating of a vehicle by a person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree that renders the person incapable of safely operating a vehicle within the incorporated limits of any city or town;
(l)regulating or prohibiting a person who is under the influence of intoxicating liquor from operating or being in actual physical control of a vehicle within the incorporated limits of a city or town;
(m)regulating or prohibiting the operation of a vehicle by a person in willful or wanton disregard for the safety of persons or property within the incorporated limits of a city or town;
(n)enacting as ordinances any provisions of chapter 8 or 9 and any other law regulating traffic, pedestrians, vehicles, and operators of vehicles that are not in conflict with state law or federal regulations and enforcing the ordinances;
(o)regulating the operation of motorized nonstandard vehicles on sidewalks, streets, and highways; and
(p)regulating the operation of golf carts on streets and highways.
(2)The powers of a local authority to regulate traffic do not include the power to require a fee and a permit for the movement of a vehicle, combination of vehicles, load, object, or other thing of a size exceeding the maximum specified in 61-10-101 through 61-10-104 on a highway that is under the jurisdiction of an entity other than the local authority.