§ 22-457. Violations by minors—Jurisdiction of police court.

(a)

The police court in the municipality shall have concurrent original jurisdiction in proceedings concerning the unlawful operation within the municipality of motor vehicles by children under the age of 18 years. Whenever, after a hearing before the court, it shall be found that a child under the age of 18 years has unlawfully operated a motor vehicle within the municipality, the court may:

(1)

Impose a fine, not exceeding $50.00, provided such child shall not be imprisoned for failure to pay such fine;

(2)

Revoke the driver's license of such child, or suspend the same for such time as may be fixed by the court; and

(3)

In accordance with MCA 61-8-723(3), order any motor vehicle owned or operated solely by such child to be impounded by the probation officer for such time, not exceeding 60 days, as shall be fixed by the court; provided, however, that, if the court shall find that the operation of such motor vehicle was without the consent of the owner, then such vehicle shall not be impounded.

(b)

Upon nonpayment of any fine provided for in this section, the court may order that any motor vehicle owned by said child or operated by said child with the consent of the owner shall be impounded until the fine shall be paid, or may order that the driver's license of such child shall be taken up and held by the probation officer until the payment of said fine, or may cause both said motor vehicle and said driver's license to be taken up and impounded until such fine shall be paid; but no child shall be committed to or held in any detention facility or jail by reason of nonpayment of such fine.

(Code 1981, § 10.26.060)

State law reference

Offenses committed by persons under the age of 18, MCA 61-8-728.