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2. Ordinance 1551 - Parking Ordinance Amendment - 2nd ReadingKALISPELL POLICE DEPARTMENT 3 2 s AV.E EAST PO BOX 99 — KALISPELL, MT 59903 TELEPHONE. (406) 7 58-77 FAX (406) 7 58-779 -MIA I L - K@�KAESEy M REPORT: Honorable Mayor and City Council FOM: Fri der, Chief of Police SUIBJEC `: Parking Ordinance Change (Second Reading) MEETING DATE# September 19, 200 Ano On August 15, 2005 the city council held a workshop on parking related ordinances. One of the recommendations from that miming involved amending the parking code to allow the police department remove vehicles that have expired eist-fi. The City Attme r has prepared an amended ordinance that Will permit the removal of vehicles with expired registration from city streets. This amended ordinance Will assist the police department in removing unregistered and abandoned vehicles. No changes were made at the first reading on September 6h. RECOMMENDATIONS: The council should pass Ordinance 15 5 1. HSCAL EFFECTS: As described. ALTERN .TFVS: As recommended by Council. Respectfully su witted Fra Gamer Chief of Police Jim Pagck City Manager RANK NE ., ICE ROGER KRAU As !S C IE. O ! E . oliring- y#7 arniei-sb ip,5 5t ORDINANCE NO, 1551 AN ORDINANCE AMENDING KALISPELL CITY CODE I -77 To CREATE A RESUMPTION of VIOLATION of ILLEGAL MOTOR VEHICLE STORAGE UPON CITY STREETS UPON A, SHOWING FRAY VEHICLE IS NOT PROPERLY REGISTERED IN THE STATE of MONTANA AND DECLARING AN EFFECTIVE DATE. E IT ORDAINED Y THE CITY COUNCIL of THE CITY of KALISPELL, MONTANA, AS FOLLOWS: SECTION I A motor vehicle parked upon the streets of the City of Kalispell shall b presumed to be illegally stored in violation of Kalispell City Code 17-77 1f that vehicle 1s parted upon the streets of Kalispell and the motor vehicle has not been properly registered in the State of Montana for more than 30 days and if operated would subject the operator to the penalties of MCA . -3 -3 1 . SECTION 11 Kalispell City Code 17-77, established by ordinance 1099 shall therefore be amended to read as follows: It 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 parked or left on such streets unless .t 1s in constant use. Any motor vehicle not used at least once every seventy two 2) hours shall be deemed to be stored in violation hereof. Ar person leaving upon any street any motor vehicle not in running condition.or that is not ro erl re istered the Mate of Fontana rsant to the terms of Fontana Mate later shall be deemed prima facie guilty of a violation hereof, which may be rebated only by shoving 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 re istration was invalid for less than 30 d s. The owner of such a vehicle shall be responsible for aviolation hereof as well as the person so leaving it. SECTION III This Ordinance shall be effective thirty 3 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 19TH DAY of SEPTEMB R, Zoo . 'amela. B. Kennedy Mayor ATTEST: Theresa White City Clerk