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2. Resolution 5541 - Establishing Parking FeesCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 kvi I TO: Mayor Tammi Fisher and Kalispell City Council FROM: Charles Harball, City Attorney Jane Howington, City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Resolution No. 5541 — a Resolution Establishing a Civil Penalty Schedule for Parking Infractions MIEETING DATE: December 19, 20 11 — Regular Council Meeting BACKGROUND: Pursuant to Ordinance No. 1709 enacted by the Kalispell City Council, the Kalispell Parking Commission was dissolved in favor of an advisory board and the function of parking regulation within the City of Kalispell was assumed by the Kalispell Police Department. As it was within the statutory authority of the Parking Commission to set the civil penalties for parking violations, it is now necessary for the Kalispell City Council to set the amounts of the civil penalties for parking violations. Given the restructuring of the parking enforcement to the Police Department the staff believes that the civil penalties previously assigned to parking violations by the Parking Commission are adequate to meet the budgetary revenues to staff the enforcement of the regulations as well as provide the necessary motivation for the public to comply with the parking regulations. The staff will provide updates to the Council from time to time regarding the adequacy of the fine schedule. RECOMMENDATION: That City Council give consideration to and pass Resolution No. 5541. FISCAL IM]PACTS: Based upon anticipated revenues and costs, the staff currently believes that there will be no significant fiscal impact to this decision. Respectfully submitted, Charles Harball, City Attorney ------------ Aane Howington, City 1ager • I , A RESOLUTION ESTABLISHING THE CIVIL PENALTY FOR CERTAIN PARKING VIOLATIONS IDENTIFIED IN THE KALISPELL MUNICIPAL CODE AT 17-53, 17-54, 17-55, 17-61, 17-75, 17-77 and 17-90. WHEREAS, pursuant to Ordinance No. 1709 enacted by the Kalispell City Council, the Kalispell Parking Commission was dissolved in favor of an advisory board and the function of parking regulation within the City of Kalispell is assumed by the Kalispell Police Department; and WHEREAS, as it was within the statutory authority of the Parking Commission to set the civil penalties for parking violations, it is now necessary for the Kalispell City Council to set the amounts of the civil penalties for parking violations; and WHEREAS, the City Council finds that the civil penalties previously assigned to parking violations by the Parking Commission were adequate to meet the budgetary revenues to staff the enforcement of the regulations as well as provide the necessary motivation for the public to comply with the parking regulations. THEREFORE, COUNCIL 1 FOLLOWS: SECTION I. The civil penalty for the violation of the following parking regulations shall be the sum of $10.00: a) 17-53 - Angle and Parallel Parking Permitted on Certain Streets b) 17-54 - Restricted or Prohibited Parking in Certain Areas c) 17-55 - Off -Street Parking Regulations d) 17-61 - Leaving Vehicles Parked at Theaters, Hotels e) 17-75 - Parking at Certain Places Equipped With Parking Meters f) 17-77 - Storage of Motor Vehicles on Public Streets g) 17-90 - Overtime Parking Prohibited; Two Hour Parking on Certain Streets SECTION II. This resolution is effective immediately and the City Manager and the Chief of Police are directed to provide the City Council with updates from time to time regarding the adequacy of the penalties. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 19TH DAY OF DECEMBER, 2011. Tammi Fisher Mayor ATTEST: Theresa White City Clerk