07. Ordinance 1431 - Parking Offenses as Municipal Infractions - 2nd ReadingORDINANCE NO. 1431
AN ORDINANCE AMENDING ORD. 672 § 1; AMD. ORD. 722, ORD. 545 § 1; AMD. ORD.
765 § 1; ORD. 782 § 1; ORD. 883 §§ 1, 2; ORD. 914 §§ 1, 2; ORD. 997 §§ 1, 6; ORD.1010 § 1;
ORD.1030 § 1; ORD.1040 § 1; ORD.1043A § 1; ORD.1045 § 1; ORD.1062 § 1; ORD.1068
§ 1; ORD.1073 § 1, R.O. 1947 § 314, R.O. 1947 § 324,627 § 1, ORD. 1099 § 1, R.O. 1947 §§
393, 394; AMD. ORD. 714 § 1; ORD. 1009 § I OF THE KALISPELL CITY CODE BY
RECLASSIFYING CERTAIN PARKING OFFENSES AS MUNICIPAL INFRACTIONS,
PRESCRIBING PROCEDURES THEREFOR, ESTABLISHING A CIVIL PENALTY FOR
PROVEN VIOLATIONS, AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION 1.
A) CERTAIN PARKING VIOLATIONS AS CIVIL INFRACTIONS. Those parking
violations hereafter enumerated, occurring in the City of Kalispell, are declared to be
civil infractions, and shall be processed in accordance with the municipal infractions
under Kalispell City Code §§ 1-11 through 1-18 as authorized by M.C.A. §§ 7-1-
4150 through 7-1-4152, or as subsequently amended.
B) The following City parking violations shall be civil municipal infractions:
1. Angle Parking, regulated under Kalispell City Code (K.C.C.) Section 17-53.
2. Restricted or Prohibited Parking, regulated under K.C.C. Section 17-54.
3. Parking Within Marked Spaces, regulated under K.C.C. Section 17-55.
4. Leaving Vehicles Parked at Theaters, Hotels, or other amusement house,
regulated under K.C.C. Section 17-61.
5. Nighttime Parking at Spaces Equipped with Parking Meters, regulated under
K.C.C. Section 17-75.
6. Storage of Motor Vehicles on Public Streets, regulated under K.C.C. Section
17-77.
7. Overtime Parking, regulated under K.C.C. Section 17-90.
C) Civil citations for parking violations enumerated in paragraph (A) may be issued by
an authorized official of the Kalispell Police Department or an authorized
representative of the Kalispell Parking Commission.
D) A civil citation issued under this Section may be served either by personal service,
or by certified mail addressed to the defendant at the defendant's last known address,
or by publication as provided in Rule 41)(5) of the Montana Rules of Civil Procedure.
The citation must serve as notification that a municipal infraction has been
committed and must contain the following information:
1. The name and address of the violator (i.e., the Defendant);
2. The name or description of the infraction attested to by the officer issuing the
citation;
3. The location and time of the infraction;
4. The amount of civil penalty to be assessed or the alternate relief sought, or
both;
5. The manner, location, and time in which the penalty may be paid;
6. The time and place of court appearance; and,
The penalty for failure to appear in court.
E) Municipal infraction proceedings shall be conducted in accordance with procedures
set forth for such infractions under state law.
F) The civil penalties for proved violations of the municipal infractions set forth above
in paragraph (A) shall not exceed three hundred dollars ($300.00) for each violation,
or if the infraction is a repeat offense, a civil penalty not to exceed five hundred
dollars ($500.00) for each repeat violation.
SECTION Il. 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 5TH DAY OF AUGUST, 2002.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk