Ordinance 1900 - Bans Erection of Unauthorized Structures in ParksORDINANCE 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 Jo*o)
Mayor
ATTEST:
Aim Brunckhorst, CMC
City Clerk
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