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Ordinance 1830 - Prohibits Lodging in Vehicles on ROWORDINANCE 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 Johns ATTEST: Airlee Brunckhorst, CMC City Clerk Mayor \\\\\91II i P i111di>> Kll./S�>s����% SEAL 1892 � • �®NT PAP : `. 1pununN