H1. Ord. 1848, Prohibiting Feeding Abandoning Animals in ParksCITY OF
KALISPELL
MEMORANDUM
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
REPORT TO: Doug Russell, City Manager
FROM: Chad Fincher, Parks and Recreation Director
MEETING DATE: October 5, 2020
SUBJECT: Ordinance 1848, Prohibiting the Feeding and Abandonment of Animals
in City Parks
BACKGROUND: At the September 21, 2020 regular council meeting Council made a motion to
approve the first reading of Ordinance 1848. This ordinance prohibits the feeding of domestic and
wild fowl in the Kalispell municipal parks, abandonment of domestic animals and to be a civil
offense, declaring an effective date and authorizing the City Attorney to codify the same.
RECOMMENDATION: Motion to approve the second reading of Ordinance 1848, an ordinance
declaring the abandonment of domestic animals in the municipal parks of Kalispell and the feeding
of domestic or wild fowl in any of the municipal parks of Kalispell to be a civil offense, declaring
an effective date and authorizing the City Attorney to codify the same.
FISCAL EFFECTS: Implementation of an ordinance with a civil penalty would have a negligible
fiscal impact to the City at this time.
ALTERNATIVES: As suggested and approved by the City Council.
ATTACHMENT: Ordinance 1848
Updated Sign Example
c: Aimee Brunckhorst, Kalispell City Clerk
ORDINANCE NO. 1848
AN ORDINANCE DECLARING THE ABANDONMENT OF DOMESTIC ANIMALS IN
THE MUNICIPAL PARKS OF KALISPELL AND THE FEEDING OF DOMESTIC OR
WILD FOWL IN ANY OF THE MUNICIPAL PARKS OF KALISPELL TO BE A CIVIL
OFFENSE, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY
ATTORNEY TO CODIFY THE SAME.
WHEREAS, the City Council finds that overabundant populations of fowl have contributed to
an increase of bacteria pollution in the waterways of its municipal parks; and
WHEREAS, the City Council finds the abandonment of domestic animals in the City municipal
parks and the feeding of domestic and wild fowl in the City municipal parks can
cause concentrated areas of biological waste, containing bacteria, nitrogen and
phosphorus, which can lead to water quality degradation, thereby impacting
popular contact recreation waterways; and
WHEREAS, the City Council finds that prohibiting the abandonment of domestic animals in the
City municipal parks and prohibiting the feeding of the domestic or wild fowl in
the City municipal parks to be in the best interest of the health, safety and welfare
of the community and the wild fowl populations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The abandonment of domestic animals and the feeding of domestic
or wild fowl in the municipal parks of the City of Kalispell shall
hereby be a civil infraction with assessed penalties and due process
as accorded under Chapter 1, Article 2 of the Kalispell Municipal
Code. A person shall be deemed to have purposely fed or caused
domestic or wild fowl to be fed if the person intentionally places
food, as defined i this ,,,-,a:,,. nee, upon the ground or water of the
City park that is within reach of the domestic or wild fowl.
SECTION 2. This ordinance does not apply to an animal control officer,
veterinarian, peace officer, City employee, federal or state wildlife
official, who is acting pursuant to a lawfully authorized program to
treat, manage, capture, trap, or remove wildlife and who is acting
within the scope of the person's authority.
SECTION 3. The City Attorney is hereby authorized and directed to codify this
Ordinance.
SECTION 4. 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 5TH DAY OF OCTOBER, 2020.
Mark Johnson
Mayor
ATTEST:
Judi Funk
Deputy City Clerk
Please do not feed the ducks, geese or
other wildlife. Artificial feeding disrupts
their natural behaviors and causes issues
with both their health and habitat.
Refraining from feeding the ducks, geese
and wildlife helps in many ways:
. The wildlife stay healthy
. The pond stays cleaner
. It prevents behavioral issues such as
aggression
The feeding of wildlife in city parks is prohibited and
subject to a civil penalty. (Kalispell Ordinance #1848)
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