11. Ordinance 1551 - Parking Ordinance Amendment - 1st ReadingKALISPELL POLICE DEPARTMENT
312 1 �T AVE BAST --T PO Box 1997 -- KALiSPELL, MT 59903
TELEPHONE (406) 758-7780 — FAX (406) 75&7799
E-MAID.. - K (9)KA .KIS P E 1,L.0 0 M
REPORT* Honorable Mayor and City Council
FROM-& Fri Gamer, Chief of Police
I Im
SUBJECT: Parking Ordinance Change
MEETING DATE. September 6, 2005
ACKG :
. U. On august 15.,2005 the city council held a workshop on parking
related ordinances. one of the recommendations from that meeting Involved amending
the parking code to allow the police department to remove vehicles that have expired
registration.
The City Attorney has prepared an amended ordinance that will pest the removal o
vehicles with expired registration from city streets. This amended ordinance will assist
the police department in removing - � s red and abandonedvehicles.
RECOMMENDATIONS: The council should pass a resolution adopting amended
Ordinance 15 5 L
FISCAL EFTECTS - As .
ALTERNATIVES: ES: As recommended by Council.
Respectfully sub.
NOF
Fr Garner Jim PaUck
Chief of Police City Manager
FRANK GARNER} CHIEF OF POLICE ROGER KRAUSS, AssISTANT CHIEF OF POLICE
Plg
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meishi
ORDINANCE NO. II
AN ORDINANCE AMENDING KA ISPELL CITY CODE 17-77 TO CREATE A
PRESUMPTION of VIOLATION OF ILLEGAL MOTOR VEHICLE STORAGE UPON
CITY STREETS UPON A SHOWING THAT VEHICLE IS NOT PROPERLY
REGISTERED IN THE STATE OF MONT NA AND DECLARING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,, MONTANA,
AS FOLLOWS,
SECTION 1 A motor vehicle parked upon the streets of the City of Kalispell shall be
presumed to be illegally stored in violation of Kalispell City Code 17-77 if that vehicle is
parked upon the streets of Kalispell and the motor vehicle has not been properly
registered in the State of Montana for more that 30 days and if operated d would subject the
operator to the penalties of MCA. 1- --3 1.
SECTION .1I Kalispell City Code 1 '-77, established by Ordinance 1099 shall therefore
e amended to read asfollows:
t shall be unlawful for any person to store or leave upon the streets any motor vehicle for
indefinite periods of time; it is the intent hereof that no motor vehicle shall be harked or
left on such streets unless it is in constant use. Any rotor vehicle not used at least once
every seventy two hours shall be deemed to be stored in violation hereof. Any
person leaving upon any street any motor vehicle not in running condition or that is not
moperly registered in the State of Montana is ant to the terms of Montana State law
shall be deemed prima facie guilty of a violation hereof, which may be rebutted only b
shoring that such motor vehicle had just broken down and such person had not yet had
time to remove it from the street or that the registration was invalid for less than 30day s.
The owner of such a vehicle shall be responsible for a violation hereof as well as the
person so leaving it.
SECTION III 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 OF
THE CITY of KALISPELL THIS 1 TH DAY OF SEPTEMBE , 2005.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk