Revise civil liability laws

- 2025
69th Legislature 2025 HB 642
- 1 - Authorized Print Version – HB 642
ENROLLED BILL
AN ACT REVISING PUBLIC NUISANCE LAWS TO PROVIDE THAT CAMPING IN VIOLATION OF AN
ORDINANCE OR STATUTE CONSTITUTES A PUBLIC NUISANCE; AND AMENDING SECTION 45-8-111,
MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 45-8-111, MCA, is amended to read:
"45-8-111. Public nuisance. (1) "Public nuisance" means any of the following:
(a) a condition that endangers safety or health, is offensive to the senses, or obstructs the free use
of property so as to interfere with the comfortable enjoyment of life or property by an entire community or
neighborhood or by any considerable number of persons. For the purposes of this subsection (1)(a), camping in
violation of an ordinance or statute constitutes a public nuisance.;
(b) any premises where persons gather for the purpose of engaging in unlawful conduct; or
(c) a condition that renders dangerous for passage any public highway or right-of-way or waters
used by the public.
(2) A person commits the offense of maintaining a public nuisance if the person knowingly creates,
conducts, or maintains a public nuisance.
(3) Any act that affects an entire community or neighborhood or any considerable number of
persons, as specified in subsection (1)(a), is no less a nuisance because the extent of the annoyance or
damage inflicted upon individuals is unequal.
(4) An agricultural or farming operation, a place, an establishment, or a facility or any of its
appurtenances or the operation of those things is not or does not become a public nuisance because of its
normal operation as a result of changed residential or commercial conditions in or around its locality if the
agricultural or farming operation, place, establishment, or facility has been in operation longer than the
- 2025
69th Legislature 2025 HB 642
- 2 - Authorized Print Version – HB 642
ENROLLED BILL
complaining resident has been in possession or the commercial establishment has been in operation.
(5) Noises resulting from the shooting activities at a shooting range during established hours of
operation are not considered a public nuisance.
(6) A person convicted of maintaining a public nuisance shall be fined an amount not to exceed
$500. Each day of the conduct constitutes a separate offense."
- END -
I hereby certify that the within bill,
HB 642, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 642
INTRODUCED BY G. OVERSTREET
AN ACT REVISING PUBLIC NUISANCE LAWS TO PROVIDE THAT CAMPING IN VIOLATION OF AN
ORDINANCE OR STATUTE CONSTITUTES A PUBLIC NUISANCE; AND AMENDING SECTION 45-8-111,
MCA.