{"id":"DUT-MT-004","kind":"duty","level":"state","jurisdiction":"Montana","state":"MT","metro":"","industry":"","agency":"","eco":"","issuer":"Montana Legislature (Montana Code Annotated, Title 50, ch. 1)","authority":"Mont. Code Ann. Title 50, ch. 1, part 1 (General Provisions)","instrument":"Mont. Code Ann. 50-1-103","title":"Enforcement of public health laws","dateIssued":"2026-09-28","effective":"standing","end":"standing","startDate":"2026-09-28","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY"],"addressees":["persons generally; employers; owners or persons in control of premises; all businesses"],"clause":"(1) Either the county attorney... or the department may bring an action necessary to abate, restrain, or prosecute the violation of public health laws. (2)... the department may, through the attorney general or appropriate county attorney, sue in district court to enjoin any violation of the public health laws, rules, or orders adopted or issued under the public health laws...","enforcement":"Injunction in district court; \u0027abate, restrain, or prosecute\u0027; the criminal penalties are supplied by 50-1-104 (misdemeanor for violating a department rule with no specified penalty), 50-1-204 (quarantine fine) and 50-2-124(2) (misdemeanor, up to $500 and 90 days, each day a separate offense)","functions":[],"notes":"This is the enforcement section every Directive of 2020 invoked: each recited that it \u0027constitutes a \u0022public health... order\u0022 within the meaning of § 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under the direction of a county attorney\u0027 (Ex. MT-009 sec. II; MT-013; MT-016 sec. 5; MT-018), so that every Directive\u0027s closure, distancing, capacity and face-covering condition was a public health order enforceable by injunction and by prosecution.","sourceUrl":"https://archive.legmt.gov/bills/mca/title_0500/chapter_0010/part_0010/section_0030/0500-0010-0010-0030.html","snapshot":"","fileExists":true,"fileBytes":82252,"grade":"primary","character":"order_penalty","description":"","collection":"DUT-MT","url":"/library/DUT-MT-004","exhibitUrl":"/exhibit/DUT-MT-004","citation":"Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-103 (standing) (Ex. DUT-MT-004)","stateName":"Montana","related":["MT-009","MT-013","MT-016","MT-018","DUT-MT-001","DUT-MT-002","DUT-MT-008","DUT-MT-009","DUT-MT-021","DUT-MT-022","DUT-MT-023","DUT-MT-003"]}