53-24-106. Criminal laws limitation. (1) A county, municipality, or other political subdivision may not adopt or enforce a local law, ordinance, resolution, or rule having the force of law that includes drinking, being a common drunkard, or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or sanction.
(2) This section does not affect any law, ordinance, resolution, or rule against drunken driving, driving under the influence of alcohol, or other similar offense involving the operation of a vehicle, an aircraft, a boat, machinery, or other equipment or regarding the sale, purchase, dispensing, possessing, or use of alcoholic beverages at stated times and places or by a particular class of persons.
(3) This section does not prevent the department from imposing a sanction on or denying eligibility to applicants for or recipients of public assistance who fail or refuse to comply with all eligibility criteria and program requirements.
History: En. 80-2723 by Sec. 2, Ch. 403, L. 1975; R.C.M. 1947, 80-2723; amd. Sec. 41, Ch. 465, L. 2001.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Chapter 24. Alcoholism and Drug Dependence
53-24-101. Legislative purpose
53-24-102. Declaration of policy
53-24-104. Deposit of funds from federal or private sources with state treasurer
53-24-105. Application of administrative procedure act
53-24-106. Criminal laws limitation
53-24-107. Public intoxication not criminal offense
53-24-108. Use of funds generated by taxation on alcoholic beverages