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Ordinance 1822 - Amends Ord 989 - Parking Spaces and Loading ZonesORDINANCE NO. 1822 AN ORDINANCE AMENDING ORDINANCE NO. 989 § 1 CODIFIED AT CHAPTER 17 OF THE KALISPELL MUNICIPAL CODES ENTITLED MOTOR VEHICLES AND TRAFFIC REGARDING THE REGULATION OF PARKING SPACES AND LOADING ZONES FOR TAXICABS, BUSES AND DELIVERY VEHICLES UPON THE PUBLIC RIGHT-OF-WAY WITHIN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate parking spaces and loading zones for taxicabs, buses and delivery vehicles upon the public right-of-way within the City of Kalispell be reassessed and updated from time to time to ensure that the purposes of the regulation and the interests of the public are being properly served; and WHEREAS, pursuant to Kalispell Municipal Code Chapter 17, entitled Motor Vehicles and Traffic, the City of Kalispell regulates parking spaces and loading zones for taxicabs, buses and delivery vehicles upon the public right-of-way for the purpose of ensuring that the public safety and welfare in the public right-of-ways of the City are not compromised by such use; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 17 set forth in Exhibit "A", attached hereto, are necessary and proper to protect the safety and welfare of the public using the public right-of-ways in the City of Kalispell. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 4TH DAY OF MARCH, 2019. Mark Johnson F�ryor ATTEST: \\\N'A %. SEAL = Aimee Brunckhorst, CMC = 1892 City Clerk , pNTPN i EXHIBIT "A" 17-82 Parking Spaces for Taxicabs, Buses and Delivery Vehicles; Permits for; Unlawful Use Prohibited. A. Permit: The City may grant to any person, agency or business a permit for the permanent use of a reserved parking space on a public street or City owned or operated off- street parking lot for use of a taxicab, bus, delivery vehicle or similar commercial vehicle or device used for the transportation of persons or property. B. Application: A person desiring such a permit shall make a complete application therefor to the City Public Works Department, setting out the name and address of the applicant, the business or other purpose for which the parking space will be utilized, the number and location of the parking spaces desired, certified list of property owners within 150 feet, and any other information deemed pertinent to the application. A permit will be granted only if it serves a public purpose. C. The Public Works Administrator shall: (a) Accept the completed application; I. Mail written notice to all property owners within 150 feet of the subject location providing at least 15 days for formal comment (where the subject property abuts a public right-of-way, the 150 foot measurement shall be in addition to the right-of-way along the abutting side) II. Review the application pursuant to the review criteria contained in the permit requirements; and III. The applicant shall be responsible for paying a fee for the cost to mail the public notices, if public notices is applicable, as part of the permit process. (b) If no public comment is received, the Permit Administrator shall approve, conditionally approve, or deny the application as appropriate. (c) If public comment is received, the Permit Administrator shall contact the applicant. I. If the comment can be satisfactorily resolved by additional information or appropriate conditions, the Permit Administrator shall approve, conditionally approve, or deny the application as appropriate. II. If the comment is of substance and cannot be mitigated, the Permit Administrator shall approve, conditionally approve, or deny the application as appropriate. (d) If the applicant wishes to appeal the Permit Administrator's decision regarding the application, the application shall be forwarded to the Public Works Director for consideration. If the comment is of substance and cannot be mitigated, the Public Works Director's recommendation shall be forwarded to the City Council for a determination as to whether the permit should be approved, conditionally approved, or denied. Any appeal by the applicant must be submitted in writing to the Public Works within 30 days from the date the permit was issued or denied. D. Grant of Permit; Revocation: If the Public Works Permit Administrator finds that a public benefit will be served thereby, it may grant such a permit, designating the parking spaces to which applicable and such other conditions as may be deemed reasonable to the use thereof. Unless stated otherwise in the grant of the permit, same shall be permanent until revoked by the City. The City may revoke any such permit at any time upon thirty (30) days' written notice to the permittee. A permittee may surrender and terminate a permit at any time by written notice thereof to the Public Works Permit Administrator. E. Parking Space Defined: For the purpose of this section, "parking space" is defined to be a space or stall of twenty-two (22) feet in length, measured along the curb line of the street or avenue where parallel parking is used or permitted, and a space or stall of twelve and one-half (12 1/2) feet in length measured along the curb line of the street or avenue where forty-five (45) degree angle or other angle parking is used or permitted. F. Installation of Signs: The street superintendent shall install in parking spaces covered by any permit granted hereunder, appropriate and uniform signs clearly designating the existence and boundary of the area covered thereby and the identity of the permittee. The permittee shall reimburse the City for the actual expenses incurred in the installation of the signs, etc.; all such signs, etc., shall be removed by the City promptly whenever any permit is revoked or terminated. G. Use by Permittee: Any parking space covered by a permit granted hereunder may be used by the permittee, his or her employees or agents only; any other person using such parking space at any time shall be guilty of a misdemeanor. The provisions of Section 17-79 of this article apply to all violations of this section. The vehicles of a permittee, his or her employees or agents shall be clearly identifiable as such while using any parking space covered by such permit.