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Ordinance 980 - Authorize Establishment of Loading ZonesORDINANCE NO. 980 913 AN ORDINANCE TO AUTHORIZE THE ESTABLISHMENT OF LOADING ZONES ON STREETS AND IN PUBLIC PARKS OF THE CITY OF KALISPELL BY THE CHIEF OF POLICE, TO BE USED FOR TEMPORARY PARKING WHILE LOADING AND UNLOADING PERSONS, MER- CHANDISE OR COMMODITIES; TO REQUIRE THAT CONDITIONS AND LIMITATIONS OF USE THEREOF BE DETERMINED; AND TO PROVIDE FOR SIGNING AND MARKING SUCH ZONES. TO PROVIDE THAT ANY USE OTHER THAN IN ACCORD WITH THE CONDITIONS AND LIMITATIONS OF ESTABLISHMENT OF SUCH.ZONE I'S UNLAWFUL, AND TO PRO- VIDE PENALTY. TO PROVIDE FOR PRESUMPTION OF PARKING BY REGISTERED OWNER OF VEHICLE. TO PROVIDE FOR EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION I. The Chief of Police, with the consent of the City Council and approval of the Mayor, may establish "Loading Zones" on any of the streets or in any public park of the City. Such zones shall be for temporary parking while loading or unloading of persons, merchan- dise or commodities and may be used only for such a purpose; the loca- tion and boundary of same shall be clearly marked with appropriate signs or by.markings on the street surface or curb adjacent thereto. SECTION II. Conditions and .limitations of use of a "Loading Zone" as to duration, times of day and purpose shall be determined when same is established; any such conditions or limitations shall be included in the signing or marking of the space set aside as a "Loading Zone". It is unlawful to use an established "Loading Zone" except in accord with the conditions and limitations of its establishment and signing or marking. SECTION III. A "Loading Zone" established in accord herewith, may be used by any person, subject only to the conditions and limita- tions as have been imposed in accord with Section II above. SECTION IV. In any prosecution charging a violation of this ordin- ance, proof of the identity of the registered owner of the vehicle found in violation thereof shall create a prime facie presumption. -that such registered owner was the person who parked such vehicle at the time and place where the violation occurred. SECTION V. Any person found guilty of violation of this ordinance shall be punished as provided by Section#1-9, Kalispell City Code, (Ordinance #834) subject to the limitations established by Section 417- 79,Kalispell City Code. (Ordinance #925) SECTION VI. Any vehicle lawfully parked in a parking space dur- ing a period of time when a "Loading Zone" designation thereof is in force, shall not be required to comply with any parking meter require- ment that would or does otherwise apply to said parking space; at all other times any vehicle using said parking space shall be responsible for applicable parking meter requirements. All other ordinances of the city relating to parking of vehicles shall apply to such parking space at all times. SECTION VII. This ordinance shall be effective thirty days from and after its final passage by the Council and approval by the Mayor. FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MON- TANA, AND APPROVED BY THE MAYOR THIS /a DAY OF 1981. Norma E. Happ, Mayor ATTEST: Marjori% Giermann, City Clerk ZT I, MarjaFie Giermann City Clerk of the City of Kalispell, Montana, do certify that on office Gil day of lctc/ , , I posted. a copy of the foregoing�ord.inanc in my office, and the same re ed. posted until the second reading on the /� day of �9_,, and the foregoing is a true and correct copy of ,the ordinance as passed by th city Council. may,_ /, Of the City of Kalispell, Montana