4. Ordinance 1692 - Parking Commission and Private Parking Lots - 1st Reading(W
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Tel 406.758.7709
Fax 406.758.7771
charbalI@kalispel1.com
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Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Ordinance No. 1692 — an Ordinance Regulating Parking Lots within
the City that Provide Public Parking
February 22, 2011 — Regular Council Meeting
BACKGROUND: Kalispell Parking Commission was established to monitor and regulate
parking, both onstreet and offstreet, within the downtown Kalispell area. It has been determined
by Council at various times that there is an ongoing need for offstreet parking in this area. The
City owns some parcels that it utilizes for offstreet parking that the Parking Commission
supervises and regulates. The Parking Commission has also successfully negotiated agreements
with private parking lot owners in which the owners have agreed to provide additional parking to
the public in exchange for having the Parking Commission manage and regulate the usage of the
parking lot. In order to give the Parking Commission the requisite authority to adequately
enforce the regulations, it is necessary to amend the existing parking ordinance as set forth.
RECONEYMNDATION: That City Council give consideration to and pass Ordinance No.
1692. The Ordinance shall become effective 30 days after passage of second reading.
FISCAL IMPACTS: There are no anticipated fiscal impacts to the City from this proposed
ordinance.
Respectfully submitted,
Charla"r-al City Attorney Yane Howington, City Mana'�gkr
i ;,
Aft ORDINANCE TO AMEND SECTION 17-54, KALISPELL CITY CODE, BY
ADDING
WITHIN THE CITY THAT OVIDE PUBLIC PARKING AND PROVIDING
COMMISSIONAUTHORITY TO THE KALISPELL PARKING D
REGULATE SUCH PARKING LOTS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has all the general powers provided to it pursuant to MCA 7-
1-4124 including the authority to enact ordinances, oven real property, enter into
contracts and leases and enforce its ordinances and regulations; and
WHEREAS, the City of Kalispell, pursuant to .MCA 7-14-4601 created the Kalispell Parking
Commission for the purposes of regulating onstreet and offstreet parking in a
coordinated manner.
WHERF,AS, the City of Kalispell owns parcels of real property within the city that are utilized
for the purposes of public parking; and
W.HEREAS, the City of Kalispell, through its duly authorized parking commission, has
agreements with private property owners in which public parking is provided on
private property; and
WHEREAS, it is in the best interest of the citizens and visitors to the City of Kalispell that
adequate offstreet parking facilities be provided and adequately regulated by the
Kalispell Parking Commission.
ICE IT ORDAINED BY THE CITY COUNCIL., OF THE CITY OF KALISPELL .AS
FOLLOWS:
SECTION I. Section 17--54 of the Kalispell City Code is hereby amended to add a
subsection 17-54--1 to read as follows:
"17-54-1 - offstreet Parkintz, Regulation
A City Owned Parking Lots --- The Kalispell Parking
Commission is given the authority to manage, including the
promulgation of regulation, and supervise all parking of motor
vehicles in city owned parking lots. It shall have the duty to
adequately and appropriately sign all lots with clearly visible
information to all users of the parking lot regarding hours of
operation, time limits and fines for violating the terms of use.
The parking commission shall further have the duty to enforce
the parking regulations of the parking lots. violations shall be
deemed civil infractions subject to the terms of KMC 1-2.
B - Privately Owned Parking Lots with Public Parking
Provisions — The Kalispell Parking Commission is given the
authority to enter into leases or user agreements with owners
of private parking lots in which public parking, by agreement
with the property owner, is provided. It shall then have the
authority to manage, including the promulgation of regulation,
and supervise the parking of motor vehicles within those
private parking lots to the extent of the agreement with the
private owner. It shall have the duty to adequately and
appropriately sign such private lots with clearly visible
information to all users of the parking lot regarding hours of
operation, time limits and fines for violating the terms of use.
The parking commission shall further have the duty to enforce
the parking regulations of these private parking lots.
Violations shall be deemed civil infractions subject to the
terms of KMC 1-2."
SECTION II. All other portions of Section 17-54, Kalispell City Code, shall
remain unchanged..
SECTION III.This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF MARCH, 2011.
ATTEST:
Theresa white
City Clerk
Tarmm.i Fisher
Mayor