2. Ordinance 1356 - 1st Reading - Amending 2-65, Kalispell Municipal CodeCity of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
TO: Mayor Bill Boharski and Kalispell City Council
FROM: Rich Hickel, Asst. City Attorney
SUBJECT: Ordinance No. 1356
MEETING DATE: June 19, 2000
BACKGROUND: Currently, 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 established its own rules of procedure which are now codified
in the Montana Code at Title 25, Chapter 30. Having been approved
and adopted, they have the force and effect of law. The Rules of
Appellate Procedure provide that the amount in controversy for
purposes of an appeal from a criminal action exceed $300 before the
District Court has jurisdiction to hear the appeal. In addition,
the Supreme Court rule provides the amount in controversy in civil
cases must exceed $1,000. The proposed amendment to the ordinance
will bring it into accordance with state law.
ALTERNATIVES: Pass/Do Not Pass
RECOMMENDATION: This Office strongly recommends complying with the
Montana Supreme Court Rules.
FISCAL EFFECTS: none
RespActfully submitted,
is i k 1, As t. City Attorney Chris Kukulski, City Manager
RMH
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.
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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
ATTEST:
Theresa White
City Clerk
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