§ 5.68.090. Violation—Penalty and civil remedy.

A.

Any illegal discrimination specifically addressed by Montana State law shall be submitted to the Montana Department of Labor pursuant to Title 49, Chapters 2 and 3, Montana Code Annotated for processing by the state of Montana. Pursuant to sections 3-6-103 and 3-11-103 Montana Code Annotated it is intended that violations of sections 5.68.010 through 5.68.090 of the Butte-Silver Bow Municipal Code not specifically addressed by Montana state law are to be civil municipal ordinance violations intended to be enforceable solely by the complaining person claiming a violation of these sections or their authorized representative through a civil proceeding within the jurisdiction of the Butte-Silver Bow Justice Court. The Montana Rules of Civil Procedure shall apply, except and unless the Butte-Silver Bow Justice Court establishes alternative rules of civil procedure for matters within the exclusive jurisdiction of the Butte-Silver Bow Justice Court.

B.

Any person claiming a violation of this chapter may seek remedies, injunctive relief, or other equitable relief by petition to the Butte-Silver Bow Justice Court, or any other court of competent jurisdiction. Any person claiming a violation of this ordinance must seek such relief within:

(1)

One hundred eighty days of the last alleged violation,

(2)

One hundred eighty days of the conclusion of a grievance proceeding initiated by the complainant in accordance with a procedure as established by a contract, written rule or policy, or collective bargaining agreement, or

(3)

Three hundred days of the last alleged violation if a grievance proceeding initiated by the complainant in accordance with a procedure as established by a contract, written rule or policy, or collective bargaining agreement has not been completed within one hundred twenty days of initiation of the proceeding.

The initiation of or the granting of relief under a grievance procedure shall not preclude or limit any other claims or remedies available under this chapter. Defendants shall not collect attorney's fees unless the claim is clearly frivolous, unreasonable, or factually groundless, or the claimant continued to litigate after the claim clearly became so.

C.

In instances where the Butte-Silver Bow Justice Court has found that the defendant in any civil proceeding pursuant to this chapter has violated a section of the chapter three or more times within a twelve-month time period, any fourth and subsequent violations during any twelve-month time period may also be charged and prosecuted as a misdemeanor violation-and may be fined up to five hundred dollars for each violation. There shall be no imprisonment as a penalty for a violation of this chapter.

( Ord. No. 13-17, § 10, 3-19-2014 )