H01. Ordinance 1847 - Speed LimitsCity 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 — Second Reading
August 17, 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 second
reading.
ALTERNATIVES: Council may offer amendments to the ordinance or decline to pass the ordinance.
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 LINHTS, 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 asset 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 17TH DAY OF AUGUST, 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT "A"
17-25 Speed Limits.
A. Specified: 1) No person shall operate or drive any motor vehicle on the public streets 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
2) through school zones or other restricted areas as designated and marked, not otherwise
regulated by the State of Montana at a rate of speed faster than fifteen (15) miles per hour;
or
3) in any case at a rate of speed that will endanger the property of another or the life or
limb of any person.
B. 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.
C. Designation: The designation of a school zone or other restricted area shall be
determined by the City Manager on the basis of a traffic study and a signage 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 shall be effective until appropriately
marked on the ground by signs.