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H1. Ord. 1899, 1900, 1901, 2023 Depot Park OrdinancescITYOF City of Kalispell 201 1st Ave E. P.O. Box 1997 KALISPELL Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Consideration of Three Ordinances Related to Public Parks MEETING DATE: February 21. 2023 BACKGROUND: As was discussed at the work session on January 23, we have started to see a daytime encampment develop at the gazebo in Depot Park from the park's opening hours to closing, discouraging use by the community. In this area, we have confirmed and/or cited disorderly conduct, public alcohol consumption, public nudity, public urination, and have received reports and photographic images of fecal matter. To address and investigate complaints, law enforcement has spent time at the end of the park's closing to address and remove the material that has been left behind which has included mattresses, tarps, clothes, food, and other items. With this situation, we have a health and safety issue which includes illegal activity occurring in daytime hours at a public park. Second, we have a situation where a group is essentially taking control of a public space, discouraging other members of the community from using that amenity, and generating trash accumulation that is falling on our law enforcement to clean each night to keep our parks free from debris. These activities typically require a party to have a special event permit, which provides exclusive access and a means to match services with the respective use as part of the permit approval process. Through discussion at the work session on potential ordinances to address the activity occurring in the parks, the following three ordinances were recommended to council for first reading at the February 6, council meeting: 1) Ordinance 1899 This ordinance would make it unlawful to place, store, or maintain personal property at public facilities outside of a special event or reservation, so as not to interfere with another's use of public property. 2) Ordinance 1900 This ordinance would limit the erection of structures in City Parks, not including municipal installations or installations or displays in conjunction with a special event. 3) Ordinance 1901 This ordinance would set limits on the amount of time a party could occupy a covered park structure without securing a permit for its extended use. This would not require anyone to move outside of the public park but would limit the ability to take all day possession of a single structure, such as a gazebo, and provide for a more equitable use across the public for the park amenities. These policies would provide a means to address conditions that are occurring related to the use of park facilities, trash, illegal activity, etc. These ordinances would be universally applied to facilitate public usage of park facilities, and an equal treatment when use of the facilities leads to restricted access and consumption of municipal resources. They would also not prohibit anyone from using the parks (they just could not use one of the park facilities all day without a permit or reservation). Ordinance 1899 passed first reading at the February 6, 2023, council meeting with no amendments on a 6-2 vote with one absent. Ordinance 1900 passed first reading at the February 6, 2023, council meeting on a 6-2 vote with one absent with an amendment to add "or reservations" to Section 1, 19-38. Ordinance 1901 passed first reading at the February 6, 2023, council meeting on a unanimous vote with one absent with an amendment to add "or reservations" to the second whereas after the word permit, and an amendment to change the time limit to 150 minutes wherever 90 minutes is listed throughout the Ordinance. RECOMMENDATION: It is recommended that council take the following actions in three separate motions: 1) It is recommended that Council approve the second reading of Ordinance No 1899, an Ordinance Prohibiting the Storage, Placement, and Maintenance of Personal Property in a Manner that Interferes with the Use of Public Property in the City of Kalispell, Declaring an Effective Date, and Authorizing the City Attorney to Codify the Same 2) It is recommended that Council approve the second reading of Ordinance No 1900, an Ordinance to Ban the Erection of Structures in City Parks and Public Grounds in the City of Kalispell, Declaring an Effective Date, and Authorizing the City Attorney to Codify the Same. 3) It is recommended that Council approve the second reading of Ordinance No 1901, an Ordinance Amending Section 19-20 of the Kalispell City Code Setting Forth the Rules and Regulations of Park Structures, Declaring an Effective Date, and Authorizing the City Attorney to Codify the Same. ATTACHMENTS: Ordinance No 1899 Ordinance No 1900 (revised since first reading to reflect approved amendments) Ordinance No 1901 (revised since first reading to reflect approved amendments) ORDINANCE NO. 1899 AN ORDINANCE PROHIBITING THE STORAGE, PLACEMENT, AND MAINTENANCE OF PERSONAL PROPERTY IN A MANNER THAT INTERFERES WITH THE USE OF PUBLIC PROPERTY IN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell's property such as parks, streets, sidewalks, benches, and public gathering spaces are valuable amenities that are used and enjoyed by residents and visitors alike; and WHEREAS, in recent years, individuals have used the City's property to store personal items and garbage thus interfering with other's rights to access and use such public property; and WHEREAS, the City has received numerous complaints from businesses, residents, and visitors about individuals storing personal items on public property; and WHEREAS, it is in the best interests of the City, its residents, and its visitors to ensure that public property and spaces are kept sanitary and free from items that impede use of public property; and WHEREAS, it is in the best interests of the City of Kalispell and its inhabitants to prohibit the storage, placement, and maintenance of personal property in a manner that interferes with the use of public property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. A new Section is hereby added to Chapter 19 of the Kalispell City Code as set forth in Exhibit A attached hereto. SECTION 2. If any section, subsection, sentence, clause, phrase, or word in this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. SECTION 3. This Ordinance shall take effect thirty (30) days after its final adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21 ST DAY OF FEBRUARY, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT A Chapter 19, Section 37 - Excessive Personal Property Interfering with the Use of Public Property A. PURPOSE: Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public property for the storage of excessive personal property interferes with the rights of other members of the public to use public areas for their intended purposes, including those with accessibility issues, and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in a clean, sanitary, and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses. B. DEFINITIONS: As used in this chapter, the terms are defined as follows: EXCESSIVE: More than what a reasonable person would carry with them as the most rudimentary precaution or for the enjoyment or use of the public property or an amount of property that will interfere with another's use of public property. PERSON: Any natural person or individual, group, business, business trust, company, corporation, partnership, entity, association, club, or organization composed of two or more individuals. PERSONAL PROPERTY: Any and all tangible things or property, including, without limitation, goods, materials, products, and merchandise or food of any kind. PUBLIC PROPERTY: That portion of any public area or public areas within the City that are owned, managed, controlled, or maintained by the City, including, without limitation, any park, parking lot, street, alley, median strip, space, ground, building, structure, sidewalk, avenue, highway, curb, bikeway, or any right-of-way or other public way in the City, improved or unimproved. STORE: To put aside or accumulate for use when needed, or to put for safekeeping, and/or to place or leave or lay away in a location for preservation or later use or disposal, separate and apart from being carried, kept, or stored upon one's person. C. PROHIBITED CONDUCT: It is unlawful for a person or persons to place, store, or maintain excessive personal property on public property and in a manner that: 1. Deprives another the use of the same property; 2. Creates a health or sanitation issue; 3. Creates an obstruction; or 4. Causes a public area to be uninviting to others. D. VIOLATION — PENALTY. Any violation of the restrictions set forth in this section may be treated as a municipal infraction as provided in section 1-12 of this code, and the person violating the restrictions set forth in this section may be assessed a civil penalty as provided in section 1-12 of this code. E. ABANDONED PERSONAL PROPERTY. Abandoned personal property stored on public property shall be tagged with a date, time, and location, removed to a City owned facility, and held by the City for a period of 30 days or as required by State law during which time the owner may reclaim the personal property. Abandoned personal property that has not been reclaimed within this time frame shall be disposed of by the City. ORDINANCE NO. 1900 AN ORDINANCE TO BAN THE ERECTION OF STRUCTURES IN CITY PARKS AND PUBLIC GROUNDS IN THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the City of Kalispell consists of just over 12.7 miles of land which is home to approximately 26,000 residents and is a year-round tourist destination; and WHEREAS, the City's various parks are popular recreational facilities that are heavily used by residents, workers, and visitors; and WHEREAS, because the Parks and Recreation Department's resources are limited, special efforts must be undertaken to maintain the City's parks and facilitate their shared use; and WHEREAS, the unauthorized use of equipment, displays, and structures within the City's parks and public grounds can cause damage and pose safety hazards; and WHEREAS, the City has a significant interest in maintaining its parks and public grounds in an attractive and intact condition, readily available to all residents, workers, and visitors who wish to use and enjoy them; and WHEREAS, the intensity and variety of City park use necessitates further regulation to mitigate safety hazards and to ensure that City's parks and public grounds will provide meaningful recreational opportunities for all members of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1: A new Section is hereby added to Chapter 19 of the Kalispell City Code as follows: 19-38 ERECTION OF STRUCTURES. No person shall, in any park or other public grounds, erect, maintain, use or occupy any tent, lodge, shelter, structure or unattended installation or display. The following are exempt from this prohibition: (1) City structures and installations; and (2) other installations or displays authorized in conjunction with a special event when a permit or reservation has been issued by the City. SECTION 2. In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect. SECTION 3. This Ordinance shall take effect thirty (30) days after its final adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21 ST DAY OF FEBRUARY, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1901 AN ORDINANCE AMENDING SECTION 19-20 OF THE KALISPELL CITY CODE SETTING FORTH THE RULES AND REGULATIONS OF PARK STRUCTURES, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, public areas should be accessible and usable by residents and the public at large; and WHEREAS, a cumulative 150 minute time limit on use of covered City park structures when a permit or reservation is not in place reduces the likelihood of criminal activity within the covered structures; and WHEREAS, a cumulative 150 minute time limit on use of covered City park structures when a permit or reservation is not in place encourages equitable use of covered City park structures by all members of the public; and WHEREAS, in the best interests of the public to keep covered City park structures available for equitable daytime use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Section 19-20 of the Kalispell City Code shall be and is hereby amended by adding the following paragraphs: E. Park Structures: Use of any and all covered City park structures by any person be limited in time to no more than 150 cumulative minutes of use within one calendar day. Any use of a covered City park structure exceeding 150 cumulative minutes within a calendar day requires that the user acquire a permit or reservation. SECTION 2. Section 19-20 (E) and (F) shall be re -lettered to (F) and (G) accordingly. SECTION 3. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 4. This Ordinance shall take effect thirty (30) days after its final adoption by the City Council of the City of Kalispell, Montana. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 21 ST DAY OF FEBRUARY, 2023. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk