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ORDINANCE NUMBER 3438 AN ORDINANCE AMENDING MISSOULA MUNICIPAL CODE CHAPTER 1.20 ENTITLED "GENERAL PENALTY" AMENDING SECTION 1.20.010 ENTITLED "DESIGNATED" AND SECTION 1.20.020 ENTITLED "FINE PAYMENT" TO ESTABLISH A MINIMUM FINE OF $30.00 FOR VIOLATIONS OF CITY ORDINANCES UNLESS SPECIFICALLY PROVIDED FOR ELSEWHERE IN MISSOULA MUNICIPAL CODE. BE IT ORDAINED THAT SECTIONS 1.20.010 IS HEREBY AMENDED AS FOLLOWS: Chapter 1.20 GENERAL PENALTY* Sections: 1.20.010 Designated. 1.20.020 Fine Payment. 1.20.010 Designated. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not less than thirty dollars ($30) or more than five hundred dollars ($500) or by imprisonment not to exceed six months, or by both such fine and imprisonment. B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provisions of the ordinances of the city is committed, continued or permitted by any such person, and s/he may be punished accordingly. EFFECTIVE DATE The effective date of this ordinance shall be January 1, 2011. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a 9 ayes, 2 nays, 0 abstain and 1 absent vote and APPROVED by the Mayor this 2nd day of August, 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor