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Ordinance 701 - Adopts Fire Prevention Code164 ORDINANCE NO. 701 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE; PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSIONS; PROVIDING A PENALTY AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA: Section 1. Adoption of Fire Prevention Code. A certain document, three copiesof which are on file in the office of the City Clerk, designated as "Fire Prevention Code, 1960 Edition", published and recommended by the National Board of Fire Underwriters, shall be the Fire Prevention Code of the city for the purpose of prescribing regulations governing conditions hasardous to life and property from fire or explosion; and provided further, that in the event that any such provision of the code of the City of Kalispell, Montana,' or state law shall be in conflict with such "Fire Prevention Code", the provisions of the City Code or the state law shall prevail. Section 2. Modifications. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the Fire Prevention Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, pro- vided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Preven- tion thereon shall be entered upon the records of the department and a signed copy shall he furnished the applicant. Section 3. Appeals. Whenever the Chief of the Fire Department shall disapprove an application ' or refuse to grant a permit applied for, or when it is claimed that the pro- visions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within 30 days from the date of the decision appealed. Section 4. Penalties. , A. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdicti on, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $300 or by imprisonment for not more than 90 days or by both such fine and imprisonment. The impositipn of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. The application of the above penalty shall not be held to prevent ' the enforced removal of prohibited conditions. Section 5. Repeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. PASSED BY THE COUNCIL OF THE CITY OF KALISPELL, MONTANA this Third day of June, 1963. rM APPROVED BY THE MAYOR OF SAID CITY OF KALISPELL, MONTANA, this Third day of June, 1963. T. R. Flynn Mayor ATTEST: H. J. Hunt City Clerk I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 4th day of June, 1963, I posted a copy of the foregoing ordinance In my office and the same remained posted for a period of five days and the foregoing is a true and correct copy of the ordinance as passed.by the City Council. J) City Clerk of the City of Kalispell, Montana ORDINANCE NO. 702 AN ORDINANCE VES71NG TITS POLICE COURT OF THT CITY OF KALISPELL, MONTANA idI'Cii ORIGINAL JURISDICTION IN PROCEEFTNGS CONCERNI`:G 797 UNLXWFUL OPERATION OF MOTOR VEHICLES BY CHILDREN 'UNDIA T'L All OF EICN=N (18) YEARS; DEFINING M07OR VEHICLES; PROVIDING 7OR -ISSUANCE OF SUMMONS; PROVIDING A. PENALTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF TUE CITY OF KALISPELL, MONTANA: SECTION 1. Motor Vehicle. Every vehicle which is self-propelled and in, upon, or by which any person or property is, or may be, transported or drawn upon the streets, avenues, alleys and highways within the City of Kalispell, ' Montana, except devices moved by human power or used exclusively upon station- ary rails or tracks. SUCTION 2. Original Jurisdiction of Police Court-- Un.lawful. Operation of Motor Vehicles by Children Under Eighteen. The Police Court of the Citv of Kalispell, Montana is hereby vested with original jurisdiction in all proceedings concerning the unlawful operation of motor vehicles by children under the age of eighteen (18) years. SECTION 3. Penalty. Whenever, after a hearing before the Police Court of the City of Kalispell, Montana, it shall be found that a child under the age of eighteen (18) years has unlawfully operated a motor vehicle, the said Police Court may (a) impose a fine, not exceeding, fifty dollars ($50.00), provided such child shall- not be imprisoned for failure to pay such fine, (b) may revoke the driver's license of such child, or suspend the same for such time as may be fixed by the court, and (c) may order any motor vehicle owned or operated by such child to be impounded by the probation officer for such time, not exceeding sixty (60) days, as shall be fixed by the court; provided, however, that if the court shall find that the operation of such motor vehicle was without the consent of the owner, then such vehicle shall not be impounded. Upon nonpayment of any fine herein provided for, the court may order that any motor vehicle owned by said child or operated by said child with the consent of the owner shall be impounded until the fine shall be paid, or may order that the driver's license of such child shall be taken up and held by the probation officer until payment of said fine, or may cause both said motor vehicle and said driver's license to be taken up and impounded until such fine shall be paid; but no child shall be committed to or held in any detention facility or jail by reason of nonpayment of such fine. SECTION 4. Summons --Issuing to Child Under Eighteen, Whenever any child under the age of eighteen (18) years shall unlawfully operate a motor vehicle in the presence of any Officer of the Police Denartment of the City of Kalispell, Montana, such Officer may deliver to said child a form of Summons describing the nature of the offense, with instructions thereon to report to the Police Court of the City of Kalispell, Nonta-,p; and. the Court shall be informed thereof by the delivery of a copy of said'. Summons to the. Judge of said Court, and by the, delivery of a copy of said. Summons to the Probation Officer. of. Flathead County, Montana, who shall in turn deliver the same to the Judge of said Court.