City may lower the penalty for some municipal code violations

Martin Kidston

(Missoula Current) The Missoula City Council could reduce the penalty for certain code violations from a criminal misdemeanor to a civic infraction in cases where a penalty isn’t already specifically under municipal law.

Council member Daniel Carlino this week introduced a measure that would address violations of the city’s “general penalty” by lowering the punishment.

“Currently, the general penalty for Missoula is a misdemeanor, entering Missoulians into the criminal justice system for municipal code violations,” Carlino said. “We as a city should take a closer look at alternatives.”

City Attorney Ryan Sudbury said that roughly 75% of code violations have a specific penalty written in. But the other 25% don’t and it’s there where the city may make any violation a simple “infraction” rather than a misdemeanor.

While a municipal infraction often comes with a $300 fine, it’s rarely enforced, Sudbury said. He added that the city rarely cites violations under the “general penalty.”

“We usually start with letters and warnings before we ever consider fines at the Municipal Court,” he said. “We don’t cite under the general penalty very often.”

Sudbury added that the changes, if approved, wouldn’t release all criminal responsibility.

“We’re not effecting anything that’s a state law or crime. We do duplicate some state law crimes, but not very many. The more traditional crime elements we have in city code already have penalties,” he said.

While the City Council has yet to vote on the issue, some are seeking assurance that the proposed changes don’t soften the penalty for most violations.

Rather, the changes would only apply to general penalties, and the more common violations.

“This isn’t the city releasing all criminal responsibility,” said council member Mike Nugent. “We’re not saying theft is no longer a criminal penalty, or speeding. We’re looking at the 25% that are very basic.”