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12. Ordinance 1321 - Amends City Codes - 2nd ReadingThe Kalispell Department REPORT TO: FROM: SUBJECT: Honorable Mayor and Council Frank Garner, Chief of Police City Code amendments MEETING DATE: July 1, 1999 BACKGROUND: The recent addition of bike patrol and a radar trailer to the Police Department will require amendments to current city codes that prohibit the riding of bicycles on sidewalks and leaving a trailer unattached in the city. The duties of bike patrol officers will require them to ride on sidewalks on occasion and the deployment of the traffic trailer requires it be left unattached in parking areas. These changes are consistent with codes in other Montana cities with similar programs. RECOMMENDATION: This code amendment passed on first reading. There have been no alterations, deletions or additions. A motion to adopt the amendments to city codes 17-114 (riding a bicycle on a sidewalk) and 17-58 (unattached trailer) on second reading would be appropriate. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the City Council Respectfully Submitted, Frank Garner Chief of Police Report compiled: June 14, 1999 Chris Kukulski City Manager Attachments: Memorandum, Rich Rickel (dated June 8, 1999) City code 17-114 City code 17-58 Frank Garner, Chief of Police • Jim Brown, Asst. Chief of Police • KPD phone (406) 758-7780, FAX (406) 758-7799 „' 300 1st Ave. East, Kalispell, MT 59901 �.►� § 17-54 Kalispell City Code � § 17-59 Ord. No. 782, § 1; Ord. No. 883, §§ 1, 2; Ord. No. 914, §§ 1,2; Ord. No. 997, §§ 1--6; Ord. NO. 1010, § 1; Ord. No. 1030, § 1; Ord. No. 1040, § 1; Ord. No. 1043A, § 1; Ord. No. 1045, § 1; Ord. No. 1062, § 1; Ord. No. 1068, § 1; Ord. No. 1073, § 1.) Sec. 17-55. Parking within marked spaces. Where parking space is marked on curb, by paint or otherwise, vehicles must park within the space so designated. (R.O. 1947, § 314.) Section 17-56. Parking, etc. so as to block traffic generally. It shall be unlawful to park any vehicle on any street for any purpose, whatsoever so that any part of such vehicle or its load extends into the street to a point nearer than eight feet from the center line thereof. The object of this provision is to keep an open space or clearance of sixteen feet in the --middle of the highway at all times, and if a vehicle or its 'load is of -such length that it, cannot be parked on a certain highway so as to conform with :this - and other provisions of this chapter, it shall not be left standing, upon such highway. (R.O. 1947, § 3:12.) Sec. 17-57. Blocking alleys, etc. No vehicle shall be parked so as to block or interfere with the free use of any alley or driveway. (R.O. 1947, § 320; Ord. No. 706. rse- No person having charge of a vehicle ordinarily drawn by horses shall allow such vehicle to remain in any public highway, unless such vehicle has horses attached thereto, nor shall any person having charge of a trailer allow such trailer to remain in any public highway unless attached to a vehicle by which it may be propelled or drawn; provided that in the case of accident, such vehicle may be moved to the side of the highway and if a good a sufficient red light signal be displayed at both ends thereof during the hours of darkness, may remain upon the highway for a period of not exceeding twenty-four hours, pending removal for repairs, except that such vehicle shall not remain upon any of the highways where standing or parking is limited, for a longer time than is necessary to effect its removal. (R.O. 1947, § 368.) Sec. 17-59. Method of leaving parking spaces. In leaving parallel parking space, vehicles must in all cases head out into the line of traffic and shall not in any case back out of such parking space. § 17-110 Kalispell City Code § 17-115 Article 1X. Bicycles, 8 8. For authorities of cities to regulate bi- cycles,, see R. C, M. 1947, § 32-2131. For state law regulations as to bicycles generally, see R. C.. M. 1947, § 32-2184 et seq. Seca.17-110. Effect of regulations. (a) It is a misdemeanor for any person to do any act forbidden or to fail to perform any act required in the Revised Code of Montana 1947, sections 32-2184 to 32-2190. (b) . These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article. Sec. 17-111. Traffic __laws apply to p.ersonsriding bicycles. Every person riding.:a bicycle upon a roadway shall be granted, all, of the rights and shall be subject to all'.of the duties applicable to the driver of a-vehicle'by'this article, and except as to°thoseprovisions of this article which,by their very r�attire can have no application. Sec, 17-112. Speed.. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then.existing. Sec. 17-113. Method of riding onbicycles generally. A person propelling a bicycle shall not ride other than upon or astride a eat nt and regular seat attached thereto. Ridine on sidewalks orohibi.te It- s—Hall be unlawful for any person to ride a bicycle along or upon the sidewalk of any street or avenue within the corporate limits of the city. (R. O. 1947, § 923.) . Sec. 17-115. Riding on roadways and bicycle paths. (a) Every person. operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two a- breast except on paths or parts of roadways set aside for the exclusive use of bicycles. 140 ORDINANCE NO. 1321 AN ORDINANCE AMENDING CHAPTER 17, MOTOR VEHICLES AND TRAFFIC, KALISPELL CITY CODE, SECTIONS 58 AND 114, BY AMENDING R.O. 1947, SECTIONS 368 AND 923 AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. That R.O. 1947, § 368 (§ 17-58, Kalispell City Code) is hereby amended to read as follows: "No person having charge of a vehicle ordinarily drawn by horses shall allow such vehicle to remain in any public highway, unless such vehicle has horses attached thereto, nor shall any person having charge of a trailer allow such trailer to remain in any public highway unless attached to a vehicle by which it may be propelled or drawn; provided that in the case of accident, such vehicle may be moved to the side of the highway and if a good and sufficient red light signal be displayed at both ends thereof during the hours of darkness, may remain upon the highway for a period of not exceeding twenty-four hours, pending removal for repairs, except that such vehicle shall not remain upon any of the highways where standing or parking is limited, for a longer time than is necessary to effect its removal. This provision shall not apply to the parking of authorized law enforcement vehicles, left unattached along any public highway in the city as part of a law enforcement activity." SECTION II. That R.O. 1947, § 923 (§ 17-114, Kalispell City Code) is hereby amended to read as follows: "It shall be unlawful for any person, other than authorized law enforcement personnel, to ride a bicycle along or upon the sidewalk of any street or avenue within the corporate limits of the city." 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 JULY, 1999. Wm. E. Boharsk Mayor ATTEST: Theresa White City Clerk MEMORANDUM TO: Glen Neier, City Attorney Frank Garner, Police Chief FROM: Rich Hickel SUBJECT: Proposed Amendment to City Code §§17-58 and 17-114 DATE: June 8, 1999 Glen: I propose KCC §17-114 be amended to read as follows: It shall be unlawful for any person, other than authorized law enforcement personnel, to ride a bicycle along or upon the sidewalk of any street or avenue within the corporate limits of the city. I propose KCC §17-58 be amended to add the following paragraph: This provision shall not apply to the parking of authorized law enforcement vehicles, left unattached along any public highway in the city as part of a legitimate law enforcement activity. Rich. S 17-54 Kalispell City Code 1 S 17-59 Ord. No. 782, S 1; Ord. No. 883, SS 1, 2; Ord. No. 914, SS 1,2; Ord. No. 997, SS 1--6; Ord. NO. 1010, S 1; Ord. No. 1030, S 1; Ord. No. 1040, S 1; Ord. No. 1043A, S 1; Ord. No. 1045, S 1; Ord. No. 1062, S 1; Ord. No. 1068, S 1; Ord. No. 1073, S 1.) Sec. 17-55. Parking within marked spaces. Where parking space is marked on curb, by paint or otherwise, vehicles must park within the space so designated. (R.O.--1947, S 314.) Section 17-56. Parking, etc. so as to block traffic generally. It shall be unlawful to park any vehicle on any street for any purpose. whatsoever so that any part of such vehicle or its load extends into the street to a point nearer than eight feet from the center line thereof. The object of this provision is .to keep an open space or clearance of sixteen feet in the .middle_ of the highway at all times, and if a vehicle or its load is of.such length that it..... cannot be parked on a certain highway so as to conform with this and other provisions of this chapter, -it shall not be left standing -,- upon such highway. (R.O. 1947, S M .) Sec. 17-57. Blocking alleys, etc. No vehicle shall be parked so as to block or interfere with the free use of any alley or driveway. (R.O. 1947, S 320; Ord. No. 706,_ e- No person having charge of a vehicle ordinarily drawn by horses shall allow such vehicle to remain in any public highway, unless such vehicle has horses attached thereto, nor shall any person having charge of a trailer allow such trailer to remain in any public highway unless attached to a vehicle by which it may be propelled or drawn; provided that in the case of accident, such vehicle may be moved to the side of the highway and if a good a sufficient red light signal be displayed at both ends thereof during the hours of darkness, may remain upon the highway for a period of not exceeding twenty-four hours, pending removal for repairs, except that such vehicle shall not remain upon any of the highways where standing or parking is limited, for a longer time than is necessary to effect its removal. (R.O. 1947, S 368.) Sec. 17-59. Method of leaving parking spaces. In leaving parallel parking space, vehicles must in all cases head out into the line of traffic and shall not in any case back out of such parking space. § 17-110 Kalispell City Code § 17-115 Article IX. Bieycles.8 8. For authorities of cities to regulate bi- cycles, see R. C. M. 1947, § 32-2131. For state law regulations as to bicycles generally, see R. C. M. 1947, § 32-2184 et seq. Sec. 17-110. Effect of regulations. (a) It is a misdemeanor for any person to do any act forbidden or to fail to perform any act required in the Revised Code of Montana 1947, sections 32-2184 to 32-2190. (b) , These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article. Sec. 17-111. Traffic laws apply td persons riding bicycles. Every person riding a bicycle upon a roadway shall be granted all. of the rights and shall be subject to all'of the duties applicable to the driver of a -vehicle by this article, and except as to those provisions of this article which.by theirvery nature can have no application. Sec. 17-112. Steed. - No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. Sec. 17-113. Method of riding on bicycles generally. A person propelling a bicycle shall not ride other than upon or astride a RormaaUent and regular seat attached thereto. Ridine on sidewalks prohibited. It-sFall be unlawful for any person to ride a bicycle along or upon the sidewalk of any street or avenue within the corporate limits of the city. (R. O. 1947, 4 923.) Sec. 17-115. Riding on roadways and bicycle oaths. (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two a- breast except on p4ths or parts of roadways set aside for the exclusive use of bicycles. 140