§ 49-10. Obstruction of public rights-of-way.

Except as provided in Section 49-11, in the public right-of-way, a person must not:

(a) place, maintain, use, or exercise control over, any object or structure in the public right-of-way;

(b) allow any object or structure owned by the person to occupy, obstruct, or encroach upon the public right-of-way;

(c) perform any reconstruction or maintenance work; or

(d) allow the erection or placement of any structure, fence, post, rock, or other object in the public right-of-way, except:

(1) mail boxes mounted on a support that will bend or break away on impact by a vehicle;

(2) individual residential newspaper boxes mounted on a support that will bend or break away on impact by a vehicle;

(3) street trees placed and maintained under Section 49-33(j);

(4) ground cover placed and maintained under Section 49-33(k);

(5) a temporary, removable obstruction or occupation of a right-of-way installed under a permit issued under Section 49-11; or

(6) as otherwise permitted by law.

Any object placed in the public right-of-way under Section 49-10(d) must not unreasonably impede use of a sidewalk or other right-of-way by pedestrians or persons in wheelchairs, or impede or endanger automobiles or other vehicles. (Mont. Co. Code 1965, § 24-24; CY 1991 L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 1; , § 2; , § 1; , §1.)

Editor’s note—Section 49-10, formerly Section 49-17, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-10 was renumbered Section 49-6 pursuant to 2007, ch. 8, § 1.

See County Attorney Opinion dated explaining that the Council cannot exercise its authority under the Regional District Act to amend the portion of the County Code governing road rights of way, because those provisions are not contained in the zoning ordinance.