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H4. Ord. 1847, Speed ZonesCity 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. 1847 — An Ordinance Amending Kalispell Municipal Code 17-25 Regarding the Setting of Speed Limits August 3, 2020 — Regular Council Meeting BACKGROUND: The existing city ordinance regarding the setting of speed limits within the City has existed in its current form since 1947. At that time there was not any consideration given to traffic studies or any other generally accepted engineering knowledge and practices. The Chief of Police, based upon his observations, simply made a recommendation to the City Council and it acted upon it. In the more recent past, the City's Department of Public Works, utilizing engineered traffic studies and following the Manual on Uniform Traffic Control Devices as adopted by the Montana Department of Transportation pursuant to MCA 61-8-202 has made its recommendations regarding the setting of speed limits and signage to the Chief of Police, who has then made his recommendations to the City Manager and then to the City Council. The amendments being proposed to the ordinance brings it in line with the current practice of aligning with the uniform traffic engineering regulations supported by traffic studies. This provides consistency in practice and reduces the city's liability from decisions that might otherwise fall outside of the generally accepted traffic control regulation. Therefore, the Police Chief's role in the recommendation has been eliminated. Finally, as this ordinance is an act of the City Council to set as its policy that the speed limits shall comply with the recommendations of an engineered traffic study and following the Manual on Uniform Traffic Control Devices as adopted by the Montana Department of Transportation, the matter of overseeing that falls to the City Manager and any future changes to the speed limits within the City will no longer come before the City Council. RECOMMENDATION: It is recommended that Council pass Ordinance No. 1847 on first reading. ALTERNATIVES: Council may offer amendments to the ordinance or decline to pass the ordinance. ATTACHMENT: Ordinance 1847 ORDINANCE NO. 1847 AN ORDINANCE AMENDING THE REVISED ORDINANCES 1947 § 267 AS AMENDED IN ARTICLE 608 § 1-3 AND CODIFIED AT CHAPTER 17, SECTION 25 OF THE KALISPELL MUNICIPAL CODES ENTITLED SPEED LIMITS, 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 motor vehicles and traffic within the City of Kalispell be reassessed and updated from time to time to ensure that the purposes of the regulations and the interests of the public are being properly served; and WHEREAS, pursuant to Kalispell Municipal Code Chapter 17, entitled Motor Vehicles and Traffic, the City of Kalispell regulates the use of motor vehicles 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; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 17 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 DAY OF AUGUST, 2020. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" 17-25 Speed Limits. A. Specified: j)-No person shall operate or drive any motor vehicle on the public streets highways in the City, not otherwise regulated by the State of Montana, at a rate of speed faster than twenty five (25) miles per hour; or 21through school zones or other restricted areas as designated and marked, not otherwise regulated by the State of Montana, as designaled and mark by the Chief ef Peliee, ef thfottgh the f fest iete,a ., o s designated and mafked by the Chief f P liee at a rate of speed faster than fifteen (15) miles per hour; or 31in any case at a rate of speed that will endanger the property of another or the life or limb of any person. B. Designate; Marking: All traffic control devices shall be compliant with and be positioned in accordance with the Manual on Uniform Traffic Control Devices as adopted by the Montana Department of Transportation pursuant to MCA 61-8-202. festFieted zones that he of she may establish so that the botmdafies of sueh aFeno C. G4y Getineil Appfeval Designation : The designation of a school zone or other restricted area shall be determined by the Ci . Manager on the basis of a traffic study and a signs age plan compliant with the Manual on Uniform Traffic Control Devices as adopted by the Montana Department of Transportation and the recommendation of the Director of Public Works. No designation of a school zone or other restricted area by �he Chief 4 Police shall be effective until appropriately marked on the ground by signs.