Police Department Ordinances
City Council enacts Ordinances to enhance the quality of life for Montgomery residents. Three areas of concern for many of our residents are the regulations regarding door-to-door soliciting, juvenile curfew, and noise complaints. The most recently enacted Ordinances concerning these topics is listed here to help answer questions residents might have regarding these regulations.
Curfew
MCO 132.15
Section 1:
Definitions.
A. Adult person means a person, eighteen (18) years of age or older, who is authorized by a parent or guardian of the minor to have the care and custody of such minor.
B. Emergency means an unforeseen combination of circumstances, or the resulting state, that call for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
C. Employment activity means any bona fide or legal service performed for wages or salary under contract, either written, expressed or implied.
D. Establishments means any privately owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment.
E. Guardian means a person who under Court order is the guardian of a minor, or a public or private agency with whom a minor has been placed by a court.
F. Lawful Activity includes, but is not limited to: (1) involvement in employment activity or proceeding to or from employment activity without any detour or stop; (2) attending an activity organized and supervised by adults sponsored by a municipality or township, school district, civic organization, or other similar organization which takes responsibility for the minor, or attending an official school or religious activity; (3) proceeding to or coming from lawful activities without any detour or stop; (4) proceeding to or coming from anyplace, without any detour or stop, if the minor's parent, guardian or adult person having the care and custody of such minor, authorized or directed such action.
G. Minor means any person under eighteen (18) years of age who is not married or otherwise emancipated.
H. Parent means a person who is the natural parent, adoptive parent or stepparent of a minor.
I. Public place means anyplace to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, shops, shopping centers, malls and restaurants, including the parking lots thereto.
Section 2:
No minor shall be upon or in the public streets, parks, buildings or establishments, or upon or in public places, open lands, or vacant lots, within the city of Montgomery between the hours of 12:01 a.m. and 5:00 a.m. of the same day, except as provided hereinafter in section 3 hereof.
Section 3:
The provisions of section 2 shall not apply to minors who are accompanied by a parent, guardian or other adult person having the care and custody of the minor or when the minor is on an emergency errand or engaged in lawful activity.
Section 4:
No parent, guardian or other adult person having the care and custody of a minor shall knowingly permit such minor to be upon or in the public streets, parks, buildings or establishments or upon or in public places, open lands or vacant lots within the city of Montgomery between the hours of 12:01 a.m. and 5:00 a.m. of the same day; provided, however, this section shall not apply to exceptions set forth in section 3 hereof.
Section 5:
Violations of this Ordinance shall be punished as a minor misdemeanor.
Section 6:
All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.
Noise
MCO 132.14
(a) No person shall make, continue or cause to be made or continue any excessive, unnecessary or unusually loud noise in such a manner as to disturb the peace and quiet of the neighborhood, having due regard for the proximity of places of residence, hospitals or other residential institutions and to any other conditions affected by such noises.
(b) Other than as permitted in subsection (c) hereof, garbage/recycling collection is declared to be loud, disturbing and unnecessary in the City of Montgomery when it occurs between the hours of 10:00 p.m. to 7:00 a.m. Such garbage/recycling collection shall be prohibited during these hours on all days.
(c) As an exception hereto, noises which would ordinarily be prohibited by this section shall be permitted if they are authorized by agreement or contract with the City of Montgomery or committed by employees or agents of the City in furtherance of the health, safety and welfare of the citizens of Montgomery. Such exceptions shall include, but not be limited to, police, fire, life squad and garbage and refuse collection.
(d) A gathering of the public within the City which fosters a public purpose and which is sponsored by the City or specifically approved by the City shall be exempt from this section. To receive City approval, a written statement describing the activity and hours of operation must be submitted to the City Manager or his/her agent.
(e) Any violation of this section shall be punishable as follows:
(1) A first violation of this section within any one year period shall be a minor misdemeanor.
(2) A second and subsequent violation of this section within any one year period shall be a fourth degree misdemeanor.