H1. Ord. 1830 Lodging in Motor VehiclesCity 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:
SUBJECT:
MEETING DATE:
MEMORANDUM
Doug Russell, City Manager
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7758
charball@kalispell.com
Ordinance No. 1830 — An Ordinance Restricting the Use of the
Public Right -Of -Way for Lodging within Motor Vehicles
October 7, 2019 — Regular Council Meeting
BACKGROUND: The public and the police are reporting that the public right-of-ways
in the City are being increasingly used for the purposes of parking and lodging within
motor vehicles, including recreational vehicles, campers and buses, overnight and for
extended lodging. This use of the public right-of-ways is not permitted pursuant to the
City zoning ordinances because it unreasonably increases the intended density of
residential use and it does not provide the sanitation services necessary for such
residential use. Further, there is, within the city and community, facilities for lodging
within motor vehicles at RV parks with appropriate services for this use. However, the
enforcement measures available under the zoning code for this violation are ineffective
due to the extended timelines provided.
The proposed ordinance to address this issue would make it a civil infraction to lodge
within a motor vehicle in the public right-of-way in the city. The Kalispell Police would
be authorized to investigate and issue a civil infraction to violators. The Kalispell
Municipal Court would receive the complaint and provide all due process appropriate to
the violation as it would for any other civil infraction under Chapter 1, Article 2 of the
Kalispell Municipal Code.
RECOMMENDATION: It is recommended that Council pass Ordinance No. 1830 on
second reading.
ALTERNATIVES: Council may decline to pass the ordinance or seek to address the
concerns of the public in some other manner.
ORDINANCE NO. 1830
AN ORDINANCE RESTRICTING THE USE OF THE PUBLIC RIGHT-OF-WAY FOR LODGING
WITHIN MOTOR VEHICLES, 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 use of its public right-of-
ways does not unnecessarily infringe upon the peaceful enjoyment of private property or
compromise the safety and welfare of the community; and
WHEREAS, the public right-of-ways in the City are being increasingly used for the purposes of parking and
lodging within motor vehicles, including recreational vehicles, campers and buses, overnight and
for extended lodging; and
WHEREAS, the Kalispell City Council finds that such use of the public right-of-way, as described above, is not
a permitted use for the reasons that it unreasonably increases the intended density of residential
use, it does not provide the sanitation services necessary for residential use, and there are, within
the City and surrounding community, suitable accommodations to serve the needs for those seeking
to lodge within their motor vehicles; and
WHEREAS, the Kalispell City Council further finds that violations of this ordinance should be civil infractions
and provided the due process as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION 1. It shall be unlawful to lodge within a motor vehicle in the public right-of-way in
the City of Kalispell.
SECTION 2. Definitions.
Lodge means to board and use as a living quarters.
Motor Vehicle means an automobile, truck, recreational vehicle, camper or bus.
SECTION 3. This ordinance shall be enforced by the City of Kalispell Police Department. A
violation of this ordinance shall be a civil infraction and provided the due process
as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code.
SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance.
SECTION 5. 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.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk