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Ordinance 1904 - Unlawful Transfers on RoadwaysORDINANCE 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. 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 Johnso 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: 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.