3. Ordinance 1661 - Amending Enforcement of Parking Regulations - 1st ReadingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Myrt Webb, Interim City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1661 - Enforcement of Parking Regulations
MEETING DATE: Monday, May 18, 2009 — Regular Council Meeting
BACKGROUND: Pursuant to Title 7, Chapter 14, Fart 46 MCA the Kalispell
Parking Commission was established on the 21st day of June, 1993 by Resolution
4105 to regulate and enforce the parking in the downtown area of Kalispell. The
Kalispell Parking Commission currently has the authority to issue parking tickets
and to enforce them through the Kalispell Municipal Court. The Kalispell Parking
Commission has testified that it is sometimes difficult to enforce the parking
regulations with frequent offenders who are resistant to pay their tickets through
Kalispell Municipal Court and that the use of a vehicle incapacitation boot would
assist the enforcement efforts. It therefore seeks to have the authority to utilize a
vehicle incapacitation wheel boot, in conjunction with the City's Civil Infraction
code and in cooperation with the Kalispell Municipal Court.
RECOMMENDATION: That the City Council adopt Ordinance No. 1661 on first
reading approving of the use of a wheel boot vehicle incapacitation device by the
Kalispell Parking Commission.
FISCAL IMPACTS: Improved collections for the Kalispell Parking Commission.
Respectfully submitted,
Charles Harball, City Attorney
-a
Myrt ebb, Interim City Manager
AN ORDINANCE AMENDING ORDINANCE NO. 627 AND ORDINANCE NO. 925
CODIFIED AS KALISPELL CITY CODE 17-79 REGARDING THE REMOVAL OR
INCAPACITATION OF MOTOR VEHICLES PARKED IN VIOLATION OF
KALISPELL CITY CODE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Title 7, Chapter 14, Part 46 MCA the Kalispell Parking Commission
was established on the 21" day of June, 1993 by Resolution 4105 to regulate and
enforce the parking in the downtown area of Kalispell; and
WHEREAS, the Kalispell Parking Commission currently has the authority to issue parking
tickets and to enforce them through the Kalispell Municipal Court; and
WHEREAS, the Kalispell Parking Commission has testified that it is sometimes difficult to
enforce the parking regulations with frequent offenders who are resistant to pay
their tickets through Kalispell Municipal Court and that the use of a vehicle
incapacitation boot would assist the enforcement efforts; and
WHEREAS, The Kalispell City Council finds that giving the authority for the Kalispell
Parking Commission to utilize a vehicle incapacitation wheel boot, in conjunction
with the City's Civil Infraction code and in cooperation with the Kalispell
Municipal Court is in the best interests of the City and its citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell Municipal Code 17-79 shall be and is hereby amended as set
forth below:
17-79 Removal or incapacitation of Illegally Parked Motor Vehicles From -Streets;
Liability for Costs; Prima Facie Liability of Registered Owner for Violation and
Limitation of Penalty
A. Any motor vehicle parked or left in violation of this article or any other provision
of this chapter or other ordinance of the City regulating the stopping, standing or parking
of vehicles may be incapacitated with a wheel boot under the direction of the Kalispell
Parking Commission or moved by or and under the authority of any police officer who
shall certify the cost thereof to the Q+y Municipal Judge. Such cost of incapacitation or
removal may be added to any fine assessed for the violation involved; the owner or
operator of such vehicle shall pay all costs of incapacitation or moving and storage of
such vehicle.
B. Such motor vehicle may be moved to any parking lot provided by the police or to
a local garage for outdoor storage.
C. If any vehicle is found to have been stopping, standing or parking in violation of
any ordinance of the City or law of the State over which the City court has jurisdiction,
the registered owner thereof shall be prima facie responsible for such violation and
subject to the penalty thereof. pr-e ,ided, however-, that unless sueh registered hl
SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 1ST DAY OF JUNE, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk