H/6. Ordinance 1466 - Park Violations - 1st ReadingKALISPELL POLICE DEPARTMENT
312 1 ST AVE EAST - PO BOX 1997 - KALISPELL, MT 59903
TELEPHONE (406) 758 - 7780 - FAX (406) 758 - 7799
E-MAIL - KPDCc)KALISPELL.00M
REPORT: Honorable Mayor and City Council
FROM: Frank Garner, Chief of Police
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BACKGROUND: The police department has had an increasing number of violatio
of public decency statutes in city parks over the past few years. Those violations have
included disorderly conduct, open containers or alcohol and breaches of the public peac
These have included multiple violations by the same offender in the same week. The
police department is requesting that the Municipal Court Judge have the authority to
restrict violators of City Code section 19-20 from city parks for up to 180 days. I
ILIM11 M111
MEMEM
Fr Garner Chris A. Kukulski
Chief of Police City Manager
FRANK GARNER, CHIEF OF POLICE - ROGER KRAUSS, ASSISTANT CHIEF OF POLICE
ORDINANCE NO. 1466
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I. Section 19-20 of the Kalispell City Code shall be and is hereby amended
by adding the following paragraph:
E. Upon making a finding of guilty to a violation of any portion of this
section, the Municipal Court Judge may, in addition to all other sanctions
permitted, order that the violator be restricted from access to any of the
City parks for a period of up to 180 days.
SECTION 11. 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 7TH • • JULY, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
19-20: PARKS; INDECENT CONDUCT, DRINKING:
A. Indecent Conduct: No threatening, profane, abusive, disorderly, insulting or indecent
language, conduct or behavior or any act tending to a breach of the public peace shall be
allowed in or upon any park or public grounds, nor shall any person play games of chance,
drink intoxicating liquor or be drunk or do any indecent or improper act therein.
B. Intoxicating Liquors: No person shall take into or upon any park, nor into or upon any public
grounds, any intoxicating liquors, either for sale to others in such park or public grounds, nor
shall any person sell, give away or in any way dispose of any intoxicating liquor in or upon
any park or public grounds.
C. Removal Of Person: Any drunk or disorderly person or any person doing an act injurious to
the park or public place in which he then is or who is in the act of violating any rules or
regulations of the board of park commissioners or any ordinances of the city, may be
removed from such park or public place by the keeper thereof or by any police officer of the
city.
D. Hours: City parks shall be posted as open at six o'clock (6:00) A.M. every day and closed at
eleven o'clock (11:00) P.M. every day. It shall be unlawful for any person to remain in any
city park during the time when it is closed. (R.O. 1947 § 899-901; amd. Ord. 1364,
10-2-2000)