Ordinance 1823 - Private Encroachment on Right-of-WayORDINANCE NO.1823
AN ORDINANCE AMENDING ORDINANCE NO.779 § 4 CODIFIED AT CHAPTER 24 OF THE
KALISPELL MUNICIPAL CODES ENTITLED STREETS AND SIDEWALKS REGARDING
THE PERMITTING REQUIREMENT FOR PRIVATE ENCROACHMENT UPON THE PUBLIC
RIGHT-OF-WAYS IN 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 private encroachment 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 24, entitled Streets and Sidewalks, the City
of Kalispell regulates the private use encroachments upon the public right-of-ways 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 private use; and
WHEREAS, the Kalispell City Council fmds that the amendments to KMC Chapter 24 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 John n
Mayor
ATTEST:
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Ai ee Brunckhorst, CMC
City Clerk Cis
SEAL
1892
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EXHIBIT "A"
24-64 Regulations Generally.
No private signs, eaves, marquees, transmission lines, within or without a conduit or pipe, or
similar devices will be allowed to encroach on the public rights -of -way of this City within the
incorporated limits, except as provided herein and then only by permit issued by the City of
Kalispell Public Works Department. No gainful private or commercial use of the public right-of-
way will be allowed except by permit issued by the City of Kalispell Public Works Department
and as allowed by the Kalispell Municipal Code.