Montana Code 61-12-102. Private parking services — parking citations
61-12-102. Private parking services — parking citations. (1) As used in this section, the following definitions apply:
Terms Used In Montana Code 61-12-102
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. 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
- 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)”Local government” means a municipality, if the private parking service operates parking services within a municipality, or a county, if the services are not operated within a municipality.
(b)”Private parking service” means the service of providing areas for parking motor vehicles by the general public for compensation and includes those services conducted:
(i)on private property; or
(ii)on public property under contract or agreement with the local government.
(2)A local government may by ordinance allow a private parking service to impound a motor vehicle. A motor vehicle may not be impounded by attaching a device that makes the motor vehicle immobile.
(3)A private parking service may enter into an agreement with the local government to authorize employees of the private parking service to issue citations for parking violations as defined by state, municipal, or county laws, that occur within the boundaries of the private parking service’s parking areas. All citations must be considered within the jurisdiction of the local government and must be handled in the same manner as citations issued by peace officers of the local government.