H1. Ordinance 1935, Junk Vehicle Ordinance Code EnforcementCity of Kalispell
CITY OF
201 1 "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: Ordinance 91935- Amending Junk Vehicle Ordinance
MEETING DATE: Ai)ril 21, 2025
BACKGROUND: On March 24, Council held a work session related to code enforcement.
One topic of discussion was modifying several of our current ordinances for more effective
implementation. This included improving the abatement process and timeline and clarifying the
language of the ordinances to allow for a better response to concerns related specifically to tall
grass and junk vehicles.
Attached to this memo is the proposed ordinance for amending the definition of Junk Vehicles as
follows.
Junk vehicle. A discarded, ruined, wrecked, or dismantled motor vehicle, machinery, trailer or
parts thereof (including component parts) that is inoperative or incapable of being driven or
which has any one (1) or more of the following characteristics:
Lacks an engine, wheel, tire, properly installed battery or other structural part which
renders the vehicle inoperable for use as designed by the manufacturer;
2. Has a broken or missing fender, door, bumper, hood, steering wheel, trunk top, trunk
handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft, differential, generator, or
alternator;
3. Has heavy growth of weeds or other noxious vegetation over eight (8) inches in height
under or immediately next to it;
4. Contains junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper,
cardboard, wood or other combustible materials, solid waste, or other hazardous material
in it or is primarily used for storage of any materials;
5. Has become a source of danger for children through possible entrapment in areas of
confinement that cannot be opened from inside, through a danger of the vehicle falling or
turning over, or through possible injury from exposed surfaces of metal, glass, or other
rigid materials;
6. Has become a potential source of contamination of the soil from petroleum products or
other toxic liquids being discharged or leaking from the vehicle;
7. Has become illegal to operate on the public streets because it is missing one (1) or more
parts required by law; or
8. Because of its defective, deteriorated, or obsolete condition, in any other way constitutes
a nuisance or a threat to the public's health or safety.
The current definition is as follows:
"A discarded, ruined, wrecked, or dismantled motor vehicle (including component parts) that is
inoperative or incapable of being driven."
Included with this memo is the draft changes that were presented at the March 24 meeting.
RIECOMNILENDATION:
It is recommended that Council adopt Ordinance 91935, amending the junk vehicle ordinance in
Kalispell Municipal Code.
ATTACHMENTS:
Ordinance 91935
From 3/24: Draft Changes to Junk Vehicle Code
ORDINANCE NO. 1935
AN ORDINANCE AMENDING KALISPELL MUNICIPAL CODE, CHAPTER 19,
OFFENSES; MISCELLANEOUS, BY AMENDING SECTION 19-36, JUNK VEHICLES
ON PRIVATE PROPERTY, DECLARING AN EFFECTIVE DATE, AND
AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances
be reassessed and updated from time to time to ensure that the interests of the public
are being properly served; and
WHEREAS, during work sessions regarding property maintenance and nuisance abatement,
proposed amendments were suggested to KMC Chapter 19, Section 19-36, Junk
Vehicles on Private Property; and
WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 19, Section
19-36, as set forth in Exhibit "A", attached hereto, are necessary and proper to
respond effectively to complaints that are reported to the city and otherwise noted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code, Chapter 19, Section 19-36, is hereby
amended as set forth in Exhibit "A", attached hereto and incorporated fully
herein by this reference.
SECTION 2. The City Attorney is hereby authorized and directed to codify this
Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 5TH DAY OF MAY, 2025.
Mark Johnson
Mayor
ATTEST:
Aimee Bruckhorst, CMC
City Clerk
EXHIBIT "A"
Chapter 19. Offenses; Miscellaneous
� 19-36 Junk Vehicles on Private Property,
A. Definitions:
Component part. Any identifiable part of a discarded, ruined, wrecked, or dismantled motor
vehicle, including, but not limited to, fenders, doors, hoods, engine blocks, motor parts,
transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.
Junk vehicle. A discarded, ruined, wrecked, or dismantled motor vehicle, machinery, trailer or
parts thereof (including component parts) that is inoperative or incapable of being driven or
which has any one (1) or more of the following characteristics:
Lacks an engine, wheel, tire, properly installed battery or other structural part which
renders the vehicle inoperable for use as designed by the manufacturer;
2. Has a broken or missing fender, door, bumper, hood, steering wheel, trunk top, trunk
handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft, differential, generator, or
alternator;
3. Has heavy growth of weeds or other noxious vegetation over eight (8) inches in height
under or immediately next to it;
4. Contains junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper,
cardboard, wood or other combustible materials, solid waste, or other hazardous material
in it or is primarily used for storage of any materials;
5. Has become a source of danger for children through possible entrapment in areas of
confinement that cannot be opened from inside, through a danger of the vehicle falling or
turning over, or through possible injury from exposed surfaces of metal, glass, or other
rigid materials;
6. Has become a potential source of contamination of the soil from petroleum products or
other toxic liquids being discharged or leaking from the vehicle;
7. Has become illegal to operate on the public streets because it is missing one (1) or more
parts required by law; or
8. Because of its defective, deteriorated, or obsolete condition, in any other way constitutes
a nuisance or a threat to the public's health or safety.
Public view. Any point within the public right-of-way, or private road or alley, from which junk
vehicles can be seen.
Shielding. The construction or use of fencing or man-made or natural barriers to conceal junk
vehicles from public view. The use of plastic tarps does not constitute shielding under this
section.
B. Unlawful: No junk vehicle or component part shall be placed on or allowed to remain on
any premises in the City exposed to the public view.
C. Exception: This section shall not be construed to prevent any occupant of any premises
from repairing his or her motor vehicle on his or her premises even though exposed to
public view, as long as he or she pursues his or her work to completion with reasonable
diligence not to exceed sixty (60) days.
D. Responsibility for Violation: The occupant of any premises shall be responsible for any
violation of this section; the head of the household shall be deemed to be the occupant. In
the case of vacant or unoccupied premises, the owner thereof shall be responsible for any
violation of this section.
E. Wrecking and Junk Yards: This section shall apply to all automobile wrecking and junk
yards, except to the extent permitted in industrial districts by the zoning chapter.
F. Inspection; Notice of Violation: It shall be the duty of the City Manager or designee to
inspect the City at reasonable intervals and cause written notice of any violation of this
section to be given to the occupant of any premises or to the owner of unoccupied
premises which are in violation of this section, who shall have 10 days after the service of
such notice within which to comply with this section. The notice may be personally
served on the head of such household, or owner if the premises are unoccupied, or may
be served by registered mail addressed to the head of such household, or owner of
unoccupied premises, at his or her address on such premises, or at such other address as
he or she may personally reside.
G. Violation; Nuisance: Any violation of this section shall be charged with a civil infraction
to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code
which remedies may include fines as well as an order of abatement.
(Ord. 1581, 8-7-2006; amd. Ord. 1666, 7-20-2009)
JunkVehictes
§ 19-36Junk Vehicles on Private Property.
A.
Definitions:
Component part.
Any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle,
including, but not limited to, fenders, doors, hoods, engine blocks, motor parts,
transmissions, frames, axles, wheels, tires, and passenger compartment fixtures.
Junkvehicle.
A discarded, ruined, wrecked, or dismantied motor vehicle (including component parts)
that is inoperative or incapable of being driveri-.
A discarded, ruined, wrecked, or dismantled motor vehicle, machinery, trailer or parts
thereof (including component parts) that is inoperative or incapable of being driven or
which has any one (1) or more of the following characteristics:
1 .
Lacks an engine, wheel, tire, property installed battery or other structural part which
renders the vehicle inoperable for use as designed by the manufacturer:
2.
Has a broken or missing fender, door, bumper, hood, steeringwheel, trunk top, trunk
handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft. differential, generator, or
alternator:
3.
Has heavy growth of weeds or other noxious vegetation over eight (8) inches in height under
or immediately next to it:
EN
Contains -junk, garbage, refuse, gasoline orfuelotherthan in itsfueltank, paper,
cardboard, wood or other combustible materials, solid waste, or other hazardous material
in it or is primarily used for storage of any materials:
5.
Has become a source of danger for children through possible entrapment in areas of
confinement that cannot be opened from inside, through a danger of the vehicle falling or
turning over, or through possible in -jury from exposed surfaces of metal, glass, or other rigid
materials:
IM
Has become a potential source of contamination of the soil from petroleum products or
other toxic liquids being discharged or leaking from the vehicle:
7.
Has become illegal to operate on the public streets because it is missing one (1) or more
parts required by law: or
Because of its defective, deteriorated, or obsolete condition, in any other way constitutes a
nuisance or a threat to the public's health or safety.
Publicview.
Any point within the public right-of-way, or private road or alley, from which junk vehicles
can be seen.
Reasonabie diiif�ene .
A period of iess than 6E) days.
Shielding
The construction or use of fencing or man-made or natural barriers to conceal junk
vehicles from public view. The use of plastic tarps does not constitute shielding under this
section.
Unlawfu L No junk vehicle or component part sha Ube placed on or allowed to remain on
any premises in the City exposed to the public view.
Exception: This section shall not be construed to prevent any occupant of any premises
from repairing his or her motor vehicle on his or her premises even though exposed to
public view, as long as he or she pursues his or herwork to completion with reasonable
diligence not to exceed sixty (60) days.
Im
Responsibility for Violation: The occupant of any premises shall be responsible for any
violation of this section; the head of the household shall be deemed to be the occupant. In
the case of vacant or unoccupied premises, the owner thereof shall be responsible for any
violation of this section.
Wrecking and Junk Yards: This section shall apply to all automobile wrecking and junk
yards, except to the extent permitted in industrial districts by the zoning chapter.
Inspection; Notice of Violation: It shall be the duty of the City Manager or designee to
inspect the City at reasonable intervals and cause written notice of anyviolation of this
section to be given to the occupant of any premises or to the owner of unoccupied
premises which are in violation of this section, who shall have 10 days after the service of
such notice within which to comply with this section. The notice may be personally served
on the head of such household, or owner if the premises are unoccupied, or may be served
by registered mail addressed to the head of such household, or owner of unoccupied
premises, at his or her address on such premises, or at such other address as he or she
may personally reside.
Violation; Nuisance: Any violation of this section shall be charged with a civil infraction to
be prosecuted under the provisions of Chapter 1, Article of the Kalispell City Code which
remedies may include fines as well as an order of abatement.
(Ord. 1581, 8-7-2006; amd. Ord. 1666, 7-20-2009)