Frequently Asked Questions

The following are intended as and provided for informational purposes only and should not be construed as legal advice or legal interpretation of the laws by the City of Polson. Individuals should consult their own attorneys for legal advice.

I am having a yard sale this weekend. Do I need a permit and can I put up signs to advertise the sale?
You do not need a permit to conduct the sale. However, you may only place signs on your property where the sale is occurring or on other private properties with owner's permission. No signs are allowed in any right-of-way or attached to telephone poles, trees or other existing signs. The best way to advertise a yard sale is your local paper or publication, or social media.

Is a permit required to erect a fence?
Yes, you must obtain a fence permit pursuant to the Polson Development Code, Chapter III Section J. Contact the City of Polson Planning Department for assistance at 406-883-8214. Click here for a fence permit.

Is a permit required to put up a sign?
Generally, yes. However, it would depend on the size, use, and zoning district where the sign would be located. Contact the City of Polson Planning Department for assistance at 406-883-8214. Click here to visit the sign ordinance.

My neighbor has a lot of debris/garbage in their yard. Is this legal?
No, per Polson Municipal Code Section 7.03.050 section 7 - The keeping, storage, depositing or accumulation on the premises for an unreasonable period of time of any personal property or wastes, including, but not limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned, wrecked, or dismantled boats or vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar materials which is within the view of persons on adjacent or nearby real property or the public right-of-way and which is detrimental to the public health, safety and general welfare.

Do I need a permit or license to run a home based business?
For home occupations, a permit is required. Please contact the City of Polson Planning Department for assistance at (406) 883-8214. Contractors are required to be registered with the State of Montana, Department of Labor and Industry Employment Relations Division in Helena. You can register through their website or by calling 406-444-9029.

What is considered a “public nuisance”?
According to Montana Code Annotated 45-8-111, a public nuisance is 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.

Can I park in the wrong direction on the street?
No, all vehicles must park in the direction of travel pursuant Montana Code Annotated 61-8-355, a vehicle that is stopped or parked upon a two-way roadway must be stopped or parked with the right-hand wheels of the vehicle parallel to and within 18 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

Am I required to place structure numbers on my residence or business?
Yes, Section 12.02.013 of the Municipal Code - Numbering buildings required. It is hereby made the duty of the owner, agent or person in possession of every house, private, public or business, in the city, to number it as provided in this article. Sec. 12.02.016. - Affixing numbers to buildings; owner or occupant responsibility. It shall be the duty of every such owner, occupant or agent, upon notice from the City, to cause the official number to be placed upon every house so owned or occupied. Sec. 12.02.017. - Style and location of numbers; All numbers shall be at least three inches high in a conspicuous place where the number can be easily seen from the middle of the street.

Is there anything that can be done about a noisy animal?
Yes, according to Montana Code Annotated 45-8-111 violators can be cited.

My neighbor has a few junk cars on their property, is this legal?
Polson Municipal Code Section 7.04.010 - Leaving abandoned, wrecked or junked vehicles on private property prohibited when; removal. A. It is unlawful to park, store or leave, or permit parking or storing of any licensed or unlicensed motor vehicle or any kind, or part thereof, for a period of time in excess of 72 hours, which is in wrecked, junked, partially dismantled or inoperative or abandoned condition, whether attended or not, upon any private property within the city limits, unless it is completely enclosed within a building, blocked from view with appropriate privacy fencing, or unless it is in connection with a business enterprise lawfully situated and licensed for same.

How tall can weeds or brush grow before the City will intervene?
Weeds and brush that are considered a nuisance is a violation of the Polson Municipal Code. The accumulation of weeds and overgrown brush creates health and safety hazards and increases the likelihood of pests and rodents in the area. The Code also requires the owner or occupant of the property to maintain planting strips and alleyways adjacent to the property.  This requirement shall not apply to flower gardens, shrubbery or vegetable gardens.

My neighbor’s tree is overhanging onto my property, what can be done?
The City does not have the authority to intervene when tree limbs hang over on to a neighboring property. The City encourages neighbors to work the issue out together.  Owners of any property within the City are responsible for pruning tree branches so that they do not obstruct the view of any street or alley intersection and so that there is a clear space of eight (8) feet above the surface of the sidewalk and a clear space of fifteen (15) feet over any street/alley.  The owner is responsible for removing all dead, diseased or dangerous trees, stumps and broken or decayed limbs which constitute a menace to the safety of the public.  To report obstructions of sidewalks, signs and other items caused by overhanging trees or to report dead, diseased or dangerous trees, contact Code Compliance at 406-883-8208.

Can recreational equipment be parked on the street?
Yes, pursuant to the Polson Development Code, Chapter IV, Section X.; however, no recreational vehicle shall be parked or permitted to stand on any public street, highway, road, alley or other such right-of-way for more than a 24-hour period. If so parked for less than a 24-hour period, it shall be parallel to the edge of the right-of-way, safely out of the flow of moving traffic.

Do I have to have my dog on a leash when I take it for a walk?
Yes, all dogs must be on a leash in public with the exception of in the restraint-free dog-park. Polson Municipal Code Sec. 13.02.140. - Cleaning up after animals. Any person owning, keeping, possessing, or harboring any dog, cat, or other animal shall promptly remove and properly dispose of all feces left by the dog, cat, or animal on any public property and on any private property not owned by such person or lawfully occupied by such person, with the exception of service animals authorized under the Americans with Disabilities Act. 

Do I have to have my dog licensed? What documentation is needed for licensing?
Section 13.02.020 of the Polson Municipal Code - Dog licenses—Requirements generally; fee; expiration. Every person, other than owners or keepers of commercial kennels, owning, keeping, or harboring any dog over six months of age within the corporate limits of Polson shall cause such dog to be registered, numbered, and licensed annually with the city clerk and shall pay for such license an amount as set by resolution of the city commission. Any owner claiming that the owner's dog has been spayed or neutered must show to the satisfaction of the licensing authority that such operation has been performed. No license shall be issued without proof of vaccination against rabies disease.

Is there a limit to how many dogs and/or cats a person may have?
Yes, section 13.02.050 of the Polson Municipal Code - - Kennel licensing requirements; limit on number of cats and dogs kept. A. It is unlawful for any person, group of persons in the same dwelling, or family, to keep, harbor, maintain or knowingly permit within the city more than four cats and/or three dogs, over six months of age, without first having obtained a kennel license from the city as herein provided. This section shall not apply to licensed veterinarian hospitals or animal shelters, but it is intended to apply to keeping or maintaining kennels where cats and dogs are kept for breeding, sale, sporting purposes, boarding, or for the enjoyment of the household.

Am I required to remove snow from my sidewalk?
Yes, Section 9.06.020 of the Polson Municipal Code states Snow and ice to be removed from sidewalks. Every owner of land within the city fronting or abutting on a paved sidewalk shall remove and clear away, or cause to be removed and cleared away, any snow and ice from that portion of the sidewalk in front of or abutting the building or lot of land. 1. A double frontage lot that has a sidewalk which fronts on or abuts an arterial street as well as a sidewalk which fronts on or abuts another street on the direct opposite lot line shall be required to remove snow on the arterial street sidewalk. 2. Except as provided herein and regardless of the manner in which the snow or ice is deposited on sidewalks, all snow and ice shall be removed from sidewalks in all business districts within the city by 9:00 a.m. of the next business day, by 12:00 noon of the next non-business day or within four business hours after any snow or ice deposit, whichever period is shorter.

I am a renter, isn’t my landlord responsible for the yard care?
No, per Polson Municipal Code 7.01.060 - Keeping property clean. It shall be the duty of the owner, agent, occupant, or lessee of property to keep premises free of litter, rubbish, garbage and unkempt foliage, including but not limited to weeds and uncut grass.  

My residence is governed by my Home Owners Association, do I still have to follow City Codes?
A Homeowner’s Association may establish maintenance standards that require a higher standard of upkeep than the City Codes. Neighborhoods that are within Homeowner Association areas are still required to also abide by City Code requirements.