H1. Ord. 1904, Transactions in the right of wayCity of Kalispell
CITY OF 201 1" Ave E. P.O. Box 1997
ALISPELL Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: Ordinance 1904, Roadway Transactions
MEETING DATE: March 20. 2023
BACKGROUND: At the meeting on 3/13/23, Council reviewed a draft ordinance related to
transactions in the right-of-way following previous discussions related to it and our existing
ordinances.
Following discussion, Council provided direction to place the draft ordinance on the regular
agenda at a future meeting.
Attached to this memo is the current Municipal Code Chapter 24 Article 7- which is our
Encroachment Code that identifies that the public right-of-way should not be used for private or
commercial gain. The proposed ordinance will enhance enforcement capacity of this existing
Encroachment Code, by acknowledging there are two parties involved in transactions that occur
within the roadway and provide enforcement for those that are facilitating pedestrians to enter
the roadway and engage in transactions with occupants in a vehicle that is not legally parked.
RECOMMENDATION: It is recommended that the City Council make a motion to approve
the first reading of Ordinance 1904, an Ordinance to restrict unlawful transfers on roadways
within Kalispell city limits, declaring an effective date, and authorizing the City Attorney to
codify the same.
ATTACHMENTS:
Ordinance 1904
KMS 24-7
ORDINANCE 1904
AN ORDINANCE TO RESTRICT UNLAWFUL TRANSFERS ON ROADWAYS WITHIN
KALISPELL CITY LINHTS, DECLARING AN EFFECTIVE DATE, AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, the City of Kalispell has an interest in assuring the free, orderly, and undisrupted
movement of motor vehicles on public roadways within City limits; and
WHEREAS, the City finds it is necessary to protect and provide safety for people on certain
roadways by limiting transfers between motor vehicle occupants and pedestrians in
the roadways; and
WHEREAS, it is in the best interests of the City, its residents, and its visitors to ensure that motor
vehicle traffic is uninhibited by transfers in the roadway; and
WHEREAS, in the interest of the health, safety, and welfare of its citizens, the City of Kalispell
deems it appropriate and necessary to prohibit unlawful transfers on certain
roadways within Kalispell city limits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, 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, MONTANA, THIS 3RD DAY OF APRIL, 2023.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
EXHIBIT A
Chapter 19, Section 39 —Transfers on Certain Roadways Within Kalispell City
Limits Prohibited
A. PURPOSE: It is the intent of this section to:
1. enhance the safety of pedestrians and motor vehicle occupants on public roadways
and public parking lots within Kalispell city limits; and
2. assure the free, orderly, and undisrupted movement of motor vehicles on public
roadways within Kalispell city limits; and
3. ensure that transfers between pedestrians and motor vehicle occupants within
Kalispell city limits are undertaken in an orderly manner and do not create motorist
distraction, frustration, annoyance, or hostility.
This section is intended to apply evenhandedly to all persons who engage in the activities
proscribed regardless of their intent or any message they may be attempting to
communicate incidental to the proscribed activity.
B. DEFINITIONS: For purposes of this section, the following definitions shall apply:
ROADWAY: The paved portion of all public rights -of -way within Kalispell city
limits excluding sidewalks and medians.
LEGALLY PARKED: A vehicle that is standing, stopped, or otherwise appropriately
parked in an area designed or legally authorized for parking.
C. PROHIBITED CONDUCT: It is unlawful for a person:
1. while a pedestrian, to accept, take, or otherwise obtain possession or control of any
money or personal property from a person within a motor vehicle while that motor
vehicle is within a roadway or on publicly owned property used as an entrance or exit
to a roadway; or
2. while a pedestrian, to give, hand over, or relinquish possession or control of any
money or personal property to a person within a motor vehicle while that motor
vehicle is within a roadway or on publicly owned property used as an entrance or exit
to a roadway; or
3. while a driver or passenger in a motor vehicle in a roadway, or on publicly owned
property used as an entrance or exit to a roadway, to give, hand over, or relinquish
possession or control of any money or personal property to a pedestrian; or
4. while a driver or passenger in a motor vehicle in a roadway, or on publicly owned
property used as an entrance or exit to a roadway, to accept, take or otherwise obtain
possession or control of any money or personal property from a pedestrian.
5. Notwithstanding anything to the contrary in this section, the activities proscribed by
this section shall not be unlawful if:
a. such actions are required as the result of a traffic accident, medical
emergency, or similar exigent circumstances; or
b. such actions are directed by a peace officer or authorized traffic control
officer in the course of their official duties; or
C. the transaction is undertaken after the motor vehicle has been legally parked.
D. PENALTY: Any person convicted of the violation of any provisions of this section shall
be punished as provided in Section 1-9 of this Code.
Kalispell, Montana City Code
Chapter 24 STREETS AND SIDEWALKS
Article 7 ENCROACHMENT CODE
24-61 Short Title.
24-62 Purpose.
24-63 Definitions.
24-64 Regulations Generally.
24-65 Projection and Clearance.
24-66 Enforcement of Article; Penalties.
24-61 Short Title.
This article shall be known as the CITY OF KALISPELL UNIFORM RIGHT-OF-WAY ENCROACHMENT
CODE. (Ord. 779 § 1)
24-62 Purpose.
A. The purpose of this article is to provide standards for the regulation and control of encroachments
and private use of public rights -of -way within the incorporated limits of this City. This article will ensure
full compliance by this incorporated City with all applicable Federal, State and local laws, in the interest
of public safety and the free and safe flow of traffic.
B. It is also the purpose and intent of this article to provide minimum standards to safeguard life,
health, property and public welfare by regulating and controlling the placement of all signs and sign
structures within the incorporated limits so as to prevent the obstruction of view of any official traffic sign,
signal or device. (Ord. 779 §§ 2, 6)
24-63 Definitions.
For the purpose of this article, the following words and phrases shall have the meanings respectfully
ascribed to them by this section:
CURB LINE: The line at the face of the curb nearest to the street or roadway. In the absence of a curb,
the curb shall be established by the City officials.
ENCROACHMENTS: All private devices placed upon the public right-of-way, including devices which
overhang or underlie the right-of-way. (Ord. 779, 3)
24-64 Regulations Generally.
No private signs, eaves, marquees, transmission lines, within or without a conduit or pipe, or similar
devices will be allowed to encroach on the public rights -of -way of this City within the incorporated limits,
except as provided herein and then only by permit issued by the City of Kalispell Public Works
Department. No gainful private or commercial use of the public right-of-way will be allowed except by
permit issued by the City of Kalispell Public Works Department and as allowed by the Kalispell Municipal
Code. (Ord. 779 § 4; amd. Ord. 1823, 3-4-2019)
24-65 Projection and Clearance.
The outermost portion of an overhanging device should be at least two feet (2') behind the face of the
curb, or where there is no curb, from the established curb line, and the lowest portion of an overhanging
device should be at least seven and one-half feet (7 1/2') above the top of the curb, sidewalk or roadway
shoulder elevator. (Ord. 779 § 5)
24-66 Enforcement of Article; Penalties.
Authorized City and County officials are hereby directed to enforce all of the provisions of this article as
provided herein and in accordance with the provisions of Montana Code Annotated Sections 7-14-2134
through 7-14-2138. Any person violating the provisions of this article shall be, in addition to the penalties
provided by the aforementioned State law, punishable by a fine not to exceed three hundred dollars
($300.00). (Ord. 779 § 7)
Contact:
City Clerk: 406-758-7756
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