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H1. Ord. 1829 - No Parking on SidewalksCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: MEMORANDUM Doug Russell, City Manager Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7758 charball@kalispell.com SUBJECT: Ordinance No. 1829 — An Ordinance Amending Kalispell Municipal Code 17-57 to Make the Obstruction of a City Sidewalk with a Motor Vehicle a Civil Infraction MEETING DATE: September 16, 2019 — Regular Council Meeting BACKGROUND: The City staff has received numerous complaints and comments from the public regarding parked motor vehicles obstructing the pedestrian traffic on the city sidewalks. This may cause a pedestrian to walk out into the street creating an unsafe conflict with motor vehicle traffic. Kalispell Municipal Code 17-57 currently makes it a civil infraction to park a motor vehicle in such a way as to obstruct a driveway or alley. City staff is recommending that this ordinance be amended to include the blocking of a sidewalk as a violation. RECOMMENDATION: It is recommended that Council pass Ordinance No. 1829 on first reading. ALTERNATIVES: Council may decline to pass the ordinance or seek to address the safety concerns of the public in some other manner. ORDINANCE NO. 1829 AN ORDINANCE AMENDING R.O. 1947 § 320 AND ORDINANCE NO. 706 § 1 CODIFIED IN THE KALISPELL MUNICIPAL CODES AT 17-57 ENTITLED "BLOCKING ALLEYS OR DRIVEWAYS", 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 the sidewalks intended for pedestrian use remain unobstructed so that pedestrian and motor vehicle traffic do not conflict in the City streets; and WHEREAS, the Kalispell City Council finds that the amendment to KMC 17-57 set forth in Exhibit "A", attached hereto, is necessary and proper to protect the safety and welfare of the pedestrian public using the sidewalks 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 7TH DAY OF OCTOBER, 2019. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" 17-57 Blocking Alleys, er Driveways or Sidewalks. No vehicle shall be parked so as to block or interfere with the free use of any alley, driveway or sidewalk.