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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 1892