Ordinance 1661 - Amends Ordinances 627 & 925 - Illegally Parked Motor Vehicles (Wheel Boot)ORDINANCE NO. 1661
AN ORDINANCE AMENDING ORDINANCE NO. 627 AND ORDINANCE NO. 925
CODIFIED AS KALISPELL CITY CODE 17-79 REGARDING THE REMOVAL OR
INCAPACITATION OF MOTOR VEHICLES PARKED IN VIOLATION OF
KALISPELL CITY CODE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA the Kalispell Parking Commission
was established on the 21S` day of June, 1993 by Resolution 4105 to regulate and
enforce the parking in the downtown area of Kalispell; and
WHEREAS, the Kalispell Parking Commission currently has the authority to issue parking
tickets and to enforce them through the Kalispell Municipal Court; and
WHEREAS, the Kalispell Parking Commission has testified that it is sometimes difficult to
enforce the parking regulations with frequent offenders who are resistant to pay
their tickets through Kalispell Municipal Court and that the use of a vehicle
incapacitation boot would assist the enforcement efforts; and
WHEREAS, The Kalispell City Council finds that giving the authority for the Kalispell
Parking Commission to utilize a vehicle incapacitation wheel boot, in conjunction
with the City's Civil Infraction code and in cooperation with the Kalispell
Municipal Court is in the best interests of the City and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell Municipal Code 17-79 shall be and is hereby amended as set
forth below:
17-79 Removal or incapacitation of Illegally Parked Motor Vehicles; Liability for
Costs; Prima Facie Liability of Registered Owner for Violation.
A. Any motor vehicle parked or left in violation of this article or any other provision
of this chapter or other ordinance of the City regulating the stopping, standing or parking
of vehicles may be incapacitated with a wheel boot under the direction of the Kalispell
Parking Commission or moved by and under the authority of any police officer who shall
certify the cost thereof to the Municipal Judge. Such cost of incapacitation or removal
may be added to any fine assessed for the violation involved; the owner or operator of
such vehicle shall pay all costs of incapacitation or moving and storage of such vehicle.
B. Such motor vehicle may be moved to any parking lot provided by the police or to
a local garage for outdoor storage.
C. If any vehicle is found to have been stopping, standing or parking in violation of
any ordinance of the City or law of the State over which the City court has jurisdiction,
the registered owner thereof shall be prima facie responsible for such violation and
subject to the penalty thereof.
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 1ST DAY OF JUNE, 2009.
ATTEST:
Theresa White
City Clerk