Montana Code 45-8-112. Action to abate public nuisance
45-8-112. Action to abate public nuisance. (1) A public nuisance may be abated and the persons maintaining the nuisance and the possessor of the premises who permits the nuisance to be maintained may be enjoined from the conduct by an action in equity in the name of the state of Montana by the county attorney or any resident of the state.
Terms Used In Montana Code 45-8-112
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
(2)Upon the filing of the complaint in the action, the judge may issue a temporary injunction.
(3)In an action, evidence of the general reputation of the premises is admissible for the purpose of proving the existence of the nuisance.
(4)If the existence of the nuisance is established, an order of abatement must be entered as part of the judgment in the case. The judge issuing the order may:
(a)confiscate all fixtures used on the premises to maintain the nuisance and either sell them and transmit the proceeds to the county general fund, destroy them, or return them to their rightful ownership;
(b)close the premises for any period not to exceed 1 year, during which period the premises must remain in the custody of the court;
(c)allow the premises to be opened upon posting bond sufficient in amount to ensure compliance with the order of abatement. The bond must be forfeited if the nuisance is continued or resumed. The procedure for forfeiture or discharge of the bond is as provided in 46-9-502 and 46-9-503.
(d)impose any combination of subsections (4)(a) through (4)(c).