Montana Code 76-13-601. Unlawful transportation of trees and boughs
76-13-601. Unlawful transportation of trees and boughs. (1) A person may not transport on the ways of this state more than five coniferous trees without having possession of a bill of sale showing ownership of the trees. The bill of sale shall specify:
Terms Used In Montana Code 76-13-601
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- 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.
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
(a)the date of its execution;
(b)the name and address of the vendor or donor of the trees;
(c)the name and address of the vendee or donee of the trees;
(d)the number of trees, by species, sold or transferred by the bill of sale; and
(e)the shipping yards or the property from which the trees were taken.
(2)Subsection (1) does not apply to:
(a)the transportation of trees with their roots intact;
(b)the transportation of logs, poles, pilings, or other forest products from which substantially all the limbs and branches have been removed;
(c)the transportation of coniferous trees by the owner of the land from which they were taken or the owner’s agent, provided that agent has possession of a tax receipt or other evidence indicating the section, township, and range from which the trees were harvested; or
(d)the transportation of coniferous trees by a common carrier.
(3)A person may not transport on the ways of this state more than 200 pounds of boughs from coniferous trees without written authorization of the owner of the boughs.
(4)The bill of sale required in subsection (1) or the written authorization required in subsection (3) must be exhibited on request of a law enforcement officer, highway patrol officer, state fish and game warden, an employee of the department of transportation designated or appointed as a peace officer under 61-10-154 or 61-12-201, or an agent of the department of natural resources and conservation.
(5)A person who violates this section shall be punished by a fine not to exceed $500, imprisonment not to exceed 6 months, or both.
(6)For the purposes of this section, “ways of this state” means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public vehicle travel that is commonly used by the public with the express or implied consent of the owner.