Ordinance 779 - Uniform Right of Way Encroachment Code254
ORDINANCE NO. 779
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF ENCROACHMENTS UPON
PUBLIC RIGHTS OF WAY WITHIN INCORPORATED MUNICIPALITIES
BE IT ORDAINED by the City Council of the City of Kalispell, Montana=
SECTION 1. TITLE - This Ordinance shall be known as the "City of Kalispell
Uniform Right of Way Encroachment Code."
SECTION 2. SCOPE - The purpose of this Code is to provide standards for the
regulation and control of encroachments and private use of public rights of
way within the incorporated limits of this municipality. This Code will
Insure full complaince by this incorporated municipality with all applicable
federal, state and local laws, in the interest of public safety and the free
and safe flow of traffic.
SECTION 3. DEFINITIONS
(a) ENCROACHMENTS: Encroachments shall include all private devices
placed upon the public right of way, including devices which
overhand or underlie the right of way.
(b) CURB LINE: Curb line shall be the line at the face of the curb
nearest to the street or roadway. In the absence of a curb, the
curb shall be established by the City officials.
SECTION 4. REGULATION - No private signs, eaves, marquees or similar devices
will be allowed to encroach on the private rights of the way of this munici-
pality within the incorporated limits, except as provided herein and then
only by agreement issued by the proper authorities and revocable on 30 days
written notice to the applicant. No gainful private or commerical use of
the public right of way will be allowed. Examples: Non -emergency servicing
of vehicles, parking or placing of protable advertising devices on the public
right of way.
SECTION 5. PROJECTION AND CLEARANCE - The outermost portion of an overhanging
device should be at least two (2) feet behind the face of the curb, or where
there is no curb, from the established curb line, and the lowest portion of
an overhanding device should be at least seven and one-half (7h) feet above '
the top of the curb, sidewalk or roadway shoulder elevation.
SECTION 6, PURPOSE - It is the purpose and intent of this Code to provide
minimum standards to safeguard life, healtho property and public welfare by
VOguiattag O"d 08"W ,liima the Plseoment of all SianS aAd Sian structures
255
within the incorporated limits so as to prevent the obstruction of view
of any official traffic sign, signal or device.
SECTION 7. ENFORCEMENT - Authorized City and County officials are hereby
directed to enforce all of the provisions of this Code as provided herein
and in accordance with the provisions of Sections 32-4405 to 32-4409,
mc;... :tve, R.C.M., 7 ,47. :.:y j;,,,.on' firm or corporation violating the
provisions of this Ordinance shall be, in addition to the penalties provided
by the aforementioned Montana Law, punishable by a fine not to exceed Three
Hundred Dollars (�300.00).
b'SiD BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AND APPROVED
B5 THE MAYOR THIS gth day of June, 1970.
I, George Beardslee, City Clerk of
do certify that on the qth day
I posted a copy of the foregoing o
the same remained posted for a p
foregoing is a true and correct o
passed by the City Council.
ity of Kalispell,Montana,
Kance in my oii e,
of five day , and
of the ord ance a�
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