1. Ordinance 1356 - 2nd Reading - Amending 2-65, Kalispell Municipal CodeREPORT TO:
FROM:
SUBJECT:
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
Chris A. Kukulski, City Manager
Ordinance 1356 - 2nd Reading - Amending § 2-65, Kalispell Municipal
Code
MEETING DATE: July 3, 2000
BACKGROUND: As Rich Hickel explained at the last meeting, Kalispell City Code Section 2-
65 (A) provides for an appeal from Municipal Court to District Court when "The amount in
controversy exceeds $200." The Montana Supreme Court has established that for appeal purposes,
the amount in controversy from a criminal action must exceed $300 and in civil cases $1,000.
Ordinance 1356 brings the City Code into compliance with the State law. No changes have been
made between the first and second reading.
RECOMMENDATION: The City Council approve Ordinance 1356 on second reading..
FISCAL EFFECTS: None.
ALTERNATIVES: As suggested by Council.
Respectively submitted,
C9,��- r
Chris A. Kukulski
City Manager
Report compiled June 30, 2000
ORDINANCE NO. 1356
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-65,
KALISPELL CITY CODE, AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I. That Chapter 2, Administration, § 2-65,
Kalispell City Code is hereby amended to read
as follows:
"2-65. APPEAL TO DISTRICT COURT: Pursuant
to State law, an appeal to District
Court from a Municipal Court
judgment shall be permitted in the
following cases:
A. In civil causes, the amount in
controversy must exceed one thousand
dollars ($1,000.00);
B. In criminal causes, the amount in
controversy, fine or restitution
must exceed three hundred dollars
($300.00), except if the judgment
includes incarceration, no minimum
fine is required for an appeal; or
C. Upon petition of an aggrieved party,
the District court may, in the
interests of justice, accept appeal
jurisdiction notwithstanding the
amount in controversy."
SECTION II. That all parts and portions of Chapter 2,
Administration, Kalispell City Code, not
amended hereby remain unchanged.
SECTION III. That this Ordinance shall take effect thirty
(30) days from and after its passage and
adoption by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2000.
Wm. E. Boharski
Mayor