US Lawyer Database

60-7-101. Purpose

60-7-101. Purpose. It is the purpose of 60-7-101 through 60-7-103 to balance the tradition of the open range and the economic and geographic problems of raising livestock with the need for safer highways and the policy of taking all feasible measures to reduce the high incidence of traffic accidents and fatalities on Montana highways. History: En. 32-2425.1 […]

60-7-102. Definitions

60-7-102. Definitions. As used in 60-2-208 and 60-7-101 through 60-7-103, the following definitions apply: (1) A “high-hazard area” is a segment of the primary or secondary highway system passing through open range where livestock move on or across the highway often enough, in enough numbers, and with enough ease of access that the animals create a significant […]

60-7-103. Department to fence right-of-way through open range — exception

60-7-103. Department to fence right-of-way through open range — exception. (1) Except as provided in subsection (3), the department shall fence the right-of-way of any part of a primary or secondary highway or a county road or bridge that is constructed or reconstructed after July 1, 1969, through open range where livestock present a hazard to […]

60-7-201. Grazing livestock on highway unlawful

60-7-201. Grazing livestock on highway unlawful. A person who owns or possesses livestock may not permit the livestock to graze, remain upon, or occupy a part of the right-of-way of: (1) a state highway running through cultivated areas or a part of the fenced right-of-way of a state highway if in either case the highway has been […]

60-7-202. Exclusions

60-7-202. Exclusions. Section 60-7-201 does not apply to the following: (1) livestock on state highways under the charge of one or more herders; (2) the parts of fenced highways adjacent to open range where a highway device has not been installed to exclude range livestock; (3) the parts of a state highway or a part of the federal-aid primary […]

60-7-203. Penalty

60-7-203. Penalty. A person who violates 60-7-201 is guilty of a misdemeanor and is subject to a fine of not less than $5 or more than $100 for each offense. In a civil action for damages caused by collision between a motor vehicle and a domestic animal or animals on a highway brought by the owner, […]

60-7-204. Flag escorts — prohibitions against nighttime herding on public highways

60-7-204. Flag escorts — prohibitions against nighttime herding on public highways. A person who owns, controls, or possesses livestock may not herd or drive more than 10 livestock on an interstate or state primary highway unless the livestock is preceded and followed by flag person escorts for the purpose of warning other highway users. Livestock may […]

60-7-205. Violations

60-7-205. Violations. A person who violates 60-7-204 is guilty of a misdemeanor. History: En. Sec. 2, Ch. 90, L. 1967; Sec. 32-1022, R.C.M. 1947; amd. and redes. 32-21-180 by Sec. 11, Ch. 316, L. 1974; R.C.M. 1947, 32-21-180.