Dog Registration // Animals

ORDINANCE NO. 586

AN ORDINANCE TO AMEND TITLE 8, CHAPTER 8.04 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CASCADE, MONTANA, THAT TITLE 8, CHAPTER 8.04 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE IS AMENDED AS FOLLOWS:

Title 8.

Chapter 8.04

AS NOW READS:

Section 8.04.090 Animals Running at Large. A. It is unlawful for any person who owns, keeps, harbors or maintains a dog, cat, or any other animal authorized to be within the town limits, or the parents or guardians of any such person under eighteen years of age, to allow such animal to run at large within the corporate limits of the town. All animals not confined within an enclosure shall be kept on a leash or tether not more than ten feet long securely fastened or held, or otherwise controlled, so as to prevent the animal from running at large.

It is unlawful for any firm, person or corporation owning or having control of any cattle, horses, mules, goats, sheep or swine to keep the same within the corporate limits of the town except to bring the same to market for commercial or exhibition purposes, and when brought therein for that purpose the same shall be kept and cared for by the owner or person in charge thereof at such place as directed by the Mayor. The exceptions, penalties and provisions of chapters 8.02 and 8.06 of this Title shall apply.

It is unlawful for an owner or keeper of any animal to permit them to run at large upon any street, alley, avenue, boulevard or public park or to trespass upon the premises of another person within the town; except, that such animals owned and/or maintained by the town in the town parks are exempt from this provision.

IS AMENDED TO READ:

It is unlawful for an owner or keeper of any animal to permit them to run at large upon any street, alley, avenue, boulevard or public park or to trespass upon the premises of another person within the town; except, that such animals owned and/or maintained by the town in the town parks are exempt from this provision.

Any person may take up any animal running at large in the town, or tethered therein contrary to the provisions of this chapter, and take the same to the Animal Control Officer. Neither compensation nor reward shall be paid directly or indirectly for such taking and delivery.

Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code. The Town Council may by resolution establish a schedule of fines for violation of this section that is within the limits of the General Penalty Section.

AS NOW READS:

Section 8.04.160 Nuisance Animals. A. It is unlawful for any person to own, keep, harbor or maintain:

Any animal which chases vehicles in public streets, ways or parks.

Any female animal in heat (estrus) which is not kept in a confined area.

Any animal which causes irritation or annoyance to a person by frequent and/or long continued barking, howling, yelping, or other means that disturbs the peace and repose of any person.

Any such nuisance animal may be taken up and impounded by the Animal Control Officer. It is unlawful for any person to own, keep, harbor or maintain any such nuisance animal and it shall be the duty of the Animal Control Officer and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may report the incident to the Animal Control Officer or a law enforcement officer to file a complaint in the City Court, charging the owner with the violation of this section where the offense is not committed in the presence of the Animal Control Officer or a law enforcement officer.

Violations and Fine schedule. Except as otherwise provided, a progressive schedule of fines may be imposed against the owner of any animal found to be in violation of the provisions of this section within a twelve-month period:

First offense: twenty‑five dollars.

Second offense: fifty dollars.

Third and subsequent offense: General penalty as provided in Section 1.08.010 of this Code.

Upon a third or subsequent conviction within a twelve-month period, by order of the City Court Judge the nuisance animal shall be seized by the Animal Control Officer. After notice to the owner a hearing shall be held in the City Court to show cause why the animal should not be disposed of. Should the Court determine that the owner or person in possession of the animal has repeatedly failed to observe the requirements of this chapter and has failed to show any reasonable cause for excusing said violations, the Court may order the animal disposed of in accordance with section 8.04.110 of this chapter.

IS AMENDED TO READ:

Section 8.04.160 Nuisance Animals. A. It is unlawful for any person to own, keep, harbor or maintain:

Any animal which chases vehicles in public streets, ways or parks.

Any female animal in heat (estrus) which is not kept in a confined area.

Any animal which causes irritation or annoyance to a person by frequent and/or long continued barking, howling, yelping, or other means that disturbs the peace and repose of any person.

Any such nuisance animal may be taken up and impounded by the Animal Control Officer. It is unlawful for any person to own, keep, harbor or maintain any such nuisance animal and it shall be the duty of the Animal Control Officer and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may report the incident to the Animal Control Officer or a law enforcement officer to file a complaint in the City Court, charging the owner with the violation of this section where the offense is not committed in the presence of the Animal Control Officer or a law enforcement officer.

Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code. The Town Council may by resolution establish a schedule of fines for violation of this section that is within the limits of the General Penalty Section.

Upon a third or subsequent conviction within a twelve-month period, by order of the City Court Judge the nuisance animal shall be seized by the Animal Control Officer. After notice to the owner a hearing shall be held in the City Court to show cause why the animal should not be disposed of. Should the Court determine that the owner or person in possession of the animal has repeatedly failed to observe the requirements of this chapter and has failed to show any reasonable cause for excusing said violations, the Court may order the animal disposed of in accordance with section 8.04.110 of this chapter.

AS NOW READS:

Section 8.04.170 Dangerous Animal. It is unlawful to own, keep, harbor or maintain a dangerous animal exhibiting vicious behavior.

Vicious Behavior Defined. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors:

An attack, without provocation, which requires a defensive action by a person to prevent bodily injury and/or property damage in a place where such person is acting peaceably and lawfully;

An attack, without provocation, that results in an injury to a person in a place where the person is acting peaceably and lawfully;

Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where the person is acting peaceably and lawfully;

An attack, without provocation, that results in injury or death to other pets not trespassing onto the property of, injuring or attempting to injure the person, family or property of the owner.

Lawful Presence. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed by the laws of this state or any city or town or county, or by the laws or postal regulations of the United States, or when on the property upon invitation, express or implied.

Any person may by the use of reasonable force protect their pets, property, and person, or the person of any other human being from the attack of a vicious or dangerous animal.

D. Any such dangerous animal may be taken up and impounded by the Animal Control Officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing.

Penalty. General penalty as provided in Section 1.08.010 of this Code, exclusive of jail, shall be imposed for violating the provisions of this section. Where it is found that a person has knowingly violated this section, then jail may be imposed.

Whenever an affidavit shall be made before the City Court Judge that any dog or other animal has bitten a person, and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the City Court Judge shall issue an order requiring the owner of such a dog or other animal to surrender the same to a licensed veterinarian for quarantine within twenty-four hours after service of said order. Such order may be served by the Animal Control Officer or any law enforcement officer and, if the owner cannot be found at his or her place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in a prominent place at the front door of, such residence. It is unlawful for any person to refuse or neglect to surrender any such vicious animal within twenty-four hours after the service of such order as herein provided, and the Animal Control Officer shall forthwith seize and impound such animal at a licensed veterinarian office at the owner’s expense. In the event that the owner is unknown upon the making of such affidavit, the Animal Control Officer or any law enforcement officer shall seize and impound such animal without notice. All dogs or other animals impounded under this section shall be quarantined at a licensed veterinarian hospital in the town for the period and under the same conditions as stated in Section 8.04.140.

Any dog or other animal which has bitten a person under the circumstances set forth in this section on any prior occurrence, or on a single occurrence where the facts indicate that such action is necessary for the safety of the citizens of this community or their property, the dangerous animal shall be seized by an Animal Control Officer and may be ordered by the court to be put to death. A court hearing will be held to determine if the animal is to be euthanized or permanently removed from the town.

IS AMENDED TO READ:

Section 8.04.170 Dangerous Animals. It is unlawful to own, keep, harbor or maintain a dangerous animal exhibiting vicious behavior.

Vicious Behavior Defined. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, is presumed vicious if the animal demonstrates any or all of the following behaviors:

An attack, without provocation, which requires a defensive action by a person to prevent bodily injury and/or property damage in a place where such person is acting peaceably and lawfully;

An attack, without provocation, that results in an injury to a person in a place where the person is acting peaceably and lawfully;

Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where the person is acting peaceably and lawfully;

An attack, without provocation, that results in injury or death to other pets not trespassing onto the property of, injuring or attempting to injure the person, family or property of the owner.

Lawful Presence. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed by the laws of this state or any city or town or county, or by the laws or postal regulations of the United States, or when on the property upon invitation, express or implied.

Any person may by the use of reasonable force protect their pets, property, and person, or the person of any other human being from the attack of a vicious or dangerous animal.

Any such dangerous animal may be taken up and impounded by the Animal Control Officer. The animal may be redeemed by the owner after compliance with all licensing and vaccination requirements if the animal is not being held for a court hearing.

Violation of any part of this chapter is a misdemeanor and shall upon conviction be punishable as provided in Section 1.08.010 the General Penalty Section of this Code.

Whenever an affidavit shall be made before the City Court Judge that any dog or other animal has bitten a person, and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the City Court Judge shall issue an order requiring the owner of such a dog or other animal to surrender the same to a licensed veterinarian for quarantine within twenty-four hours after service of said order. Such order may be served by the Animal Control Officer or any law enforcement officer and, if the owner cannot be found at his or her place of residence, the order may be served by leaving it with a person of suitable age and discretion at, or by placing it in a prominent place at the front door of, such residence. It is unlawful for any person to refuse or neglect to surrender any such vicious animal within twenty-four hours after the service of such order as herein provided, and the Animal Control Officer shall forthwith seize and impound such animal at a licensed veterinarian office at the owner=s expense. In the event that the owner is unknown upon the making of such affidavit, the Animal Control Officer or any law enforcement officer shall seize and impound such animal without notice. All dogs or other animals impounded under this section shall be quarantined at a licensed veterinarian hospital in the town for the period and under the same conditions as stated in Section 8.04.140.

Any dog or other animal which has bitten a person under the circumstances set forth in this section on any prior occurrence, or on a single occurrence where the facts indicate that such action is necessary for the safety of the citizens of this community or their property, the dangerous animal shall be seized by an Animal Control Officer and may be ordered by the court to be put to death. A court hearing will be held to determine if the animal is to be euthanized or permanently removed from the town.

Any part of this Code that is not amended hereby remains in full force and effect.

Adopted on the First reading: November 15, 2011

Adopted on the Second reading: December 6, 2011

PASSED AND ADOPTED by the Town Council of the Town of Cascade, Montana, and approved by the Mayor of said Town this 6^th day of January, 2012.

Cemetery

ORDINANCE 479

AN ORDINANCE TO ESTABLISH PUBLIC CEMETERIES FOR THE TOWN OF CASCADE, TO ADOPT RULES AND REGULATIONS FOR MAINTENANCE OF PUBLIC CEMETERIES AND FOR THE PROPER CARE OF PUBLIC CEMETERIES; AND TO AMEND TITLE 14 OF THE OFFICIAL CODE OF CASCADE TO ADD CHAPTER 14.01 ENTITLED “PUBLIC CEMETERIES”

BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CASCADE, MONTANA:

WHEREAS Title 7, Chapter 35, Part 41, Montana Code Annotated, empowers municipalities to establish and maintain cemeteries. The city or town council has power to establish and regulate cemeteries within or without the city or town and acquire lands for this purpose;

AND WHEREAS it is deemed in the best interests of the Town of Cascade to confirm and establish public cemeteries and to adopt rules and regulations for the maintenance and proper care of same;

NOW THEREFORE BE IT ORDAINED, that the following hereby be enacted as an Ordinance of the Town of Cascade and the Official Code of the Town of Cascade be amended to add Chapter 14.01 to Title 14 thereof to read:

Chapter 14.01

PUBLIC CEMETERIES

Sections:

14.01.010 Established

14.01.020 Management

14.01.030 Rules and Regulations

14.01.040 Charges for Burial Plots

14.01.050 Indigent Persons

14.01.060 Application

14.01.070 Enforcement

14.01.080 Amending, Superseding, and Repealing Clause

14.01.010 Established.

The Town of Cascade has by previous enactments and acquisitions established and maintained public municipal cemeteries in accordance with state law, to wit: (1) Hillside Cemetery, located at Cascade-Simms Road, Cascade, Montana, a tract of land in the Southeast of the Northwest quarter west of the road Section 26, Township 18N, Range 1 West, Cascade County, Montana and containing an area of 11.04 acres and Lot 4 of Mission Estates II subdivision in Section 26, Cascade County, Montana and containing an area of 3 acres; and (2) Chestnut Valley Cemetery located at the intersection of Cascade-Hound Creek Road and Armstrong Road, Cascade, Montana, a tract of land 496.7 feet square in the Southeast corner of the SE ½ SE ¼ of Section 6, Township 17 North, Range 1 East, M.P.M., Cascade County, Montana and containing an area of 5.66 acres. Said described lands are and shall be used as public cemeteries, and for no other purpose, for the Town of Cascade.

14.01.020 Management.

The Mayor as Chief Executive Officer of the Town shall be responsible for the control and management of the public cemeteries, subject to the rules and conditions contained herein, and subject to revisions made by the Town Council.

14.01.030 Rules and Regulations.

The following shall constitute the rules and regulations governing the Cascade public cemeteries:

a] Wherever in the following rules and regulations the word “Administrator” occurs, it shall mean the Chief Executive Officer of the Town of Cascade, or such person or persons as appointed to act on his or her behalf set by the Council of the Town of Cascade by current resolution, and may be altered as and when the Council deems fit.

b] All persons applying for an interment in the said cemeteries, whether as principals, agents or undertakers shall furnish the Administrator such particulars for the purpose of records as the Administrator requires before such interment be allowed.

c] Interments will be allowed only in plots which have been duly paid for. The purchaser shall make selection from the plan drawn regarding the locations of available plots within the said cemetery.

d] Graves shall be dug and interment made only under the direction of the Administrator. The Administrator shall be entitled to forty-eight (48) hours notice to prepare graves for interment; Saturdays, Sundays and legal holidays are excluded. Such notice shall include the size of the coffin or case, and the location of the plot. All burials, other than cremains shall require the use of a grave liner/vault to prevent the settling of the grave. Cremains must be in an urn or solid container. The Town of Cascade and/or designated representatives are the only persons that may perform burials in the cemetery.

e] Maximum number of burials in a single plot will be limited to one only casket with one cremains or four cremains. Special circumstances may be considered.

f] No disinterment will be allowed unless and until the requirements of all state laws, town ordinances, vital statistics, and health and safety considerations, as to disinterment shall have been fully complied with and a permit issued by proper authorities. The disinterment shall be attended by the Administrator.

g] The grading and seeding or sodding of all lots; erection of and placement of monuments, tombstones, landmarks; general maintenance of plots and grounds, which includes perpetual care during the summer season; and all other necessary acts shall be subject to control and direction of the Administrator.

h] The Administrator may at any time cause any plot to be entered upon and cleaned of weeds and grass; and further cause to be removed from said plot any funeral design or floral piece which has wilted or become broken and any other article or thing which from its nature shall mar the beauty of the surrounding scenery, or is unsightly or unsafe.

i] All markers placed upon a plot or grave shall be of granite, marble, stone, concrete, or other substance that is deemed to be of a long lasting nature. Only one head stone per plot will be allowed. Individual markers for cremains must be installed at ground level so as not to impede mowing. All monuments, markers or any permanent flower holder placed on a grave must be constructed or set in concrete wash at least three inches in width around all sides and flush to the ground and placed in such a manner that permits mowing around it without danger to the mower or mower operator. The Administrator will direct the setting of all monuments, markers or permanent flower holders. No lot or grave site shall be defined by a concrete enclosure, fence, railing coping, or hedge. The Town of Cascade shall notify anyone placing such items without permission, or placing one improperly, that it must be removed or resituated. If not removed or resituated after notification the Town shall remove it.

j] No trees, shrubs, rosebushes or flowers may be planted on any plot or grave; however, cut flowers may be placed above ground level in containers. Trenching is prohibited.

k] All persons are required to confine themselves to the drives or walks, and avoid walking on lots and graves.

l] All persons are prohibited from writing upon, scratching, defacing or injuring any monument, fence or other structure in or belonging to a cemetery.

m] All persons are prohibited from picking any flowers, either wild or cultivated, or mutilating any tree, shrub or plant.

n] Vehicles are permitted within a cemetery only on the roadway; permission for this may be denied when it is apparent that damage to the roadway will result due to wet weather or other cause.

o] Animals are not allowed in the grounds.

p] No person is permitted to enter the cemetery except through the regular entrance.

q] Any person disturbing the quiet or good order of a cemetery by noise or other improper conduct may be compelled to leave the grounds.

r] No person other than a member of the immediate family of the owner of the grave shall be allowed to perform, execute or carry into effect the work of special care of a grave, unless permission is granted by the Administrator.

14.01.040 Charges for Burial Plots.

The charges for burial plots and subsequent care of said plots within a Cascade public cemetery shall be set by the Council of the Town of Cascade by current resolution, and may be altered as and when the Council deems fit.

14.01.050 Indigent Persons.

The burial of indigent persons whether resident of the Town of Cascade or otherwise shall be in a regular burial plot, and current or regular charges for plot and interment shall be charged to the appropriate authority which is liable for the burial of such indigent person. The plot must also be marked with at least a proper ground level marker paid for by the liable party.

14.01.060 Application.

The provisions of this Code shall apply to all cemeteries now in existence operated by the Town as hereinbefore mentioned, to any future acquisitions or additions thereto, and to all future public cemeteries which may be hereafter established.

14.01.070 Enforcement.

Any person violating any of the provisions of this code shall, upon conviction before a Court of competent jurisdiction, be guilty of an offense, and shall be subject to the general penalty provisions of this code and applicable state law as may be appropriate.

14.01.080 Amending, Superseding, and Repealing Clause.

This ordinance shall amend Title 14, of the Official Code of the Town of Cascade, and shall supersede and repeal any ordinance, resolution, and any part of said Title14, of the Official Code of the Town of Cascade previously enacted which is inconsistent herewith.

PASSED AND ADOPTED by the Town Council of the Town of Cascade, Montana, and approved by the Mayor of said Town this 7^th day of August, 2003

Open Burning

Ordinance 568

An Ordinance to amend Cascade Ordinance 462, which defines open burning, defines open burning which is prohibited, restricted and permitted. It also sets forth the liability of owners and agents for costs incurred in the extinguishment of open burning through addition of new forms of prohibited and allowable burning.

THE TOWN OF CASCADE ORDAINS:

That The Town of Cascade Ordinance 462 is amended as follows:

OPEN BURNING

Definition

Open burning means burning done under such conditions that the products of combustion are emitted directly into ambient air space. Open burning shall include, but not be limited to, burning on the ground or other flat surfaces, burning done in simple outdoor structures, receptacles, or other devices which are designed primarily to contain the materials being burned or to minimize the risk of fire and which do not provide effective control of the air pollutants generated. Open burning shall not be used for waste disposal purposes and shall be of the minimum size for the intended purpose.

Prohibited and Restricted Burning:

Prohibited Open Burning: Any burning which violates the provisions of the Natural Resources and Environmental Protection Act (Public Act 1994, No. 451) shall be prohibited. The fire chief of The Town of Cascade or his designee shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. The fire chief(s) of The Town of Cascade, or their designee, shall order the extinguishment of any fire/ open burn which creates or adds to a hazardous or objectionable situation. In no case shall any person engage in open burning which in any way endangers any person or property or is offensive or objectionable to other township residents. The following types of open burning are also prohibited:
1. The open burning of yard debris, brush, leaves and trees:
2. The open burning of household or other refuse at a private residence:
3. The open burning of refuse from a multiple dwelling:
4. The open burning of refuse at commercial and industrial sites;
5. The open burning of building, demolition or construction material;
6. The open burning of automobiles or parts thereof;
7. The open burning of tires, plastics and similar material
8. The open burning of highly flammable, toxic or explosive materials; and
9. The open burning of hazardous or toxic materials.

Restricted Burning: The burning of trees, brush, leaves, logs and stumps may be allowed at licensed disposal sites on an intermittent basis under a schedule approved by the local health department.

Allowable Open Burning:

For highway safety flares;
For smudge pots;
For similar occupational needs;
For outdoor food preparation, provided that such fires are safely contained in an appropriate cooking device (grill, etc…) and fueled by charcoal, clean (non-treated), dry wood, or natural gas and provided said fires are maintained in a manner so as not to endanger other persons or property; and
For recreational use, provided said fires are completely and safely contained in one of the following:
1. AN ABOVE-GROUND RECREATIONAL FIRE PIT. “Fire Pit” means any non-combustible structure or container constructed in accordance with this ordinance. Pits must be at least 10 feet from buildings, property lines and any combustible material, including but not limited to, buildings, fences, patio decks or foliage as measured from the nearest Fire Pit edge.
  1. Be less than 2 feet high.
  2. Be less than 3 feet wide.
  3. Have enclosed sides made from bricks, concrete, stone or heavy-guage metal.
  4. Have a mesh screen on top to stop sparks with openings smaller than ½ inch.
  5. Be located on a flat level surface, and be built on or have included in its base, a non-combustible material. The base must extend a minimum of eighteen inches (18”) beyond the Fire Pit in all directions.
2. OUTDOOR MANUFACTURED BURNING APPLIANCES
  1. Shall not be used indoors or on balconies.
  2. If placed on a deck, it shall be on a non-combustible surface with an eighteen inch (18”) clearance around the appliance and a minimum of twelve inches (12”) clearance to the bottom of the fire box. Such appliance shall be permanently affixed to the deck in a manner preventing any accidental overturn.
  3. If placed on the ground, there shall be a thirty-six inch (36”) clearance around the appliance from vegetation or other combustibles, and a twelve inch (12”) minimum clearance to the bottom of the fire box.
  4. Shall not exceed thirty inches (30”) in width and shall be between sixteen inches (16”) and twenty four inches (24”) in depth.

Summer Watering

ORDINANCE 2015-02

AN ORDINANCE ESTABLISHING A SUMMER WATERING SCHEDULE AND AMENDING TITLE 4, CHAPTER 4 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE, MONTANA.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CASCADE, MONTANA, THAT TITLE 4, CHAPTER 4 OF THE OFFICIAL CODE OF THE TOWN OF CASCADE IS AMENDED AS FOLLOWS:

TITLE 4

Chapter 4.02.040, 4.02.050, Addition of 4.02.060

AS NOW READS:

Section 4.02.040 Violation, Penalty:

If any person other than an authorized employee of the Water Department, or member of a Fire Department when on duty, shall make a tap or connection with any main or distribution pipe of the town or attempt to open, close, turn on, or interfere with, or to attach to or connect with any fire hydrant; the offending party shall be punishable as provided in Section 1.08.010 of this Code.

If any person other than an authorized employee of the Water Department or a licensed plumber works on or tampers with the meter, the offending party shall be punishable as provided in Section 1.08.010 of this Code.

Section 4.02.050 Record Keeping: The Town Clerk shall keep a correct account of all receipts for water rents and deposit the money so received to the credit of the Water fund of said Town and in accordance with law and requirements of the Water Department.

ARE AMENDED TO READ:

Section 4.02.040: Summer Watering:

During the summer irrigating months, in order to keep Cascade green, the following will be effective from May 24^th through September 23^rd of each year after the original effective date of June 24, 2015:

The base rate will be charged to every residential customer. The usage rate will be charged up to 5,000 gallons to cover operation and maintenance fees. From 5,001 to 30,000 gallons will be free to residential users. The usage rate will then be charged for all water over 30,000 gallons.

Section 4.02.050: Record Keeping: The Utility Clerk and Town Clerk shall keep a correct account of all receipts for water usage and deposit the money so received to the credit of the Water fund of said Town and in accordance with law and requirements of the Water Department.

Section 4.02.060: Violation, Penalty:

If any person other than an authorized employee of the Water Department, or member of a Fire Department when on duty, shall make a tap or connection with any main or distribution pipe of the town or attempt to open, close, turn on, or interfere with, or to attach to or connect with any fire hydrant; the offending party shall be punishable as provided in Section 1.08.010 of this Code.

If any person other than an authorized employee of the Water Department or a licensed plumber works on or tampers with the meter and/or shut off, the offending party shall be punishable for theft of services as provided in Section 1.08.010 of this Code.

This ordinance may be changed at any time and for any reason by Resolution.

First Reading: April 9, 2015

Second Reading: May 14, 2015

PASSED, APPROVED AND ADOPTED by the Town Council of the Town of Cascade, Montana, and approved by the Mayor of said Town this 14th day of June, 2015.