E2. 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: October 7, 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
second 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.