Ordinance 622 - Prohibits Offensive Premises54 ;
Orb
ORDINANCE NO. 622
AN ORDINANCE PROHIBITING OFFENSIVE PREMISES AND PROHIBITING WRECKED MOTOR
VEHINCLES OR PARTS THEREOF OR JUNKED MACHINERY AND THE LIKE FROM BEING
ALLOWED TO REMAIN EXPOSED TO THE PUBLIC VIEb! ON ANY PREMISES IN THE CITY,
WITH CERTAIN EXCEPTIONS: MAKING THE OCCUPANTS OF SUCH PREMISES OR THE OWNER
OF UNOCCUPIED PROPERTY RESPONSIBLE FOR ANY VIOLATION OF THIS ORDINANCE;
MAKING A VIOLATION OF THIS ORDINANCE A NUISANCE; PROVIDING FOR THE ENFORCE-
MENT OF THIS ORDINANCE AND PENALTIES FOR THE VIOLATION THEREOF, INCLUDING
THE ABATEMENT OF SUCH NUISANCE; DEFINING OCCUPANTS; REPEALING SECTIONS 933
AND 934 OF THE REVISED ORDINANCES OF THE CITY OF KALISPELL OF 1947,AND ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
Sec. 1. OFFENSIVE PREMISES PROHIBITED. No premises within the city
shall be allowed to be in such a filthy, noisome, unsightly, or littered
condition as to be offensive to any person or persons or injurious to
public health or detrimental to the public welfare, nor shall any decaying
animal, vegetable or other offensive matter be placed thereon or placed or
allowed on any lot adjacent to such premises. From May 1st to November 1st
of any year, manure must be removed from all premises at intervals of five
days br kept in fly proof bins, which bins shall be thoroughly disinfected
after the contents are removed.
Sec. 2. WRECKED MOTOR VEHICLES PROHIBITED FROM THE PUBLIC VIEW, WITH
EXCEPTIONS.
(a) No wrecked motor vehicles or parts of motor vehicles or junked
machinery or scraps or junk of any kind shall be placed on or allowed to
remain on any premises in the city exposed to the public view, except as
follows:
1. This ordinance shall not apply to automobile and motor vehicle
garages, blacksmith shops, machinery shops and the like and their
handling and repairs of wrecked vehicles and machinery in the regular
course of their business properly located in accordance with the zoning
ordinance;
2. This ordinance shall not be construed to prevent any occupant
of premises from repairing his motor vehicles or machinery on his premises
even though exposed to public view, as long as he pursues his work to
completion with reasonable diligence; however, whenever any vehicle remains
out of running condition with any wheel,. tire, engine, body, or other
major part off of such vehicle for a period of over sixty (60) days, the
while remaining exposed to the public view, it shall be deemed to be prima
facie evidence that said vehicle is not being diligently repaired and
constitutes a violation of this ordinance.
(b) The occupant of any premises shall be responsible for any violation
of this ordinance; the head of the household shall be deemed to be the occupant.
In the case of vacant or unoccupied premises, the owner thereof shall be
responsible for any violation of this ordinance.
(c) This ordinance shall apply to all automobile wrecking and junk yards,
except to the extent permitted in Industrial Districts by the zoning ordinance,
that is, Section 678 of the Revised Ordinances of the City of Kalispell of 1947.
(d) It shall be the duty of the Chief of Police to inspect the city at
reasonable intervals and cause written notice of any violation of this ordinance,
to be given to the occupant of any premises or to the owner of unoccupied
premises which are in violation of this ordinance, who shall have ten (10) days
after the service of such notice within which to comply with this ordinance.
The notice may be personally served on the head of such household (or owner, if
the premises are unoccupied) or may be served by registered mail addressed to
the head of such household (or owner of unoccupied premises) at his address on
such premises, or at such other address as he may personally reside.
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Sec. 3. A VIOLATION CONSTITUTES A NUISANCE, ABATEMENT AND PENALTIES.
Any violation of this ordinance shall constitute a nuisance which may be
abated as provided in the Revised Ordinances of the City of Kalispell of 1947,
as the same exist or may be amended, and the occupant of such premises shall
be subject to a fine of not more than $25.00 for a first offense, and by a
fine of not more than $150.00 for any subsequent offense; in the case of an
unoccupied premises, the owner shall be responsible and shall be subject to
the same fine as above.
Sec. 4 REPEALING CONFLICTING ORDINANCES. Sections 933 and 934 of
Ordinance No. 536 known as the Revised Ordinance of Kalispell of 1947, and
also all ordinances or parts thereof in conflict herewith are hereby repealed.
Sec. 5. This ordinance shall be in full force and effect thirty days
from and after its passage and approval.
Passed by the City Council of the City of Kalispell, Montana, this
1st day of June, 1953•
APPROVED by the Mayor of the City of Kalispell, Montana, this
1st day of June, 1953•
ATTEST:
H, J. Hunt
City Clerk
D. M. McBride
Mayor
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do
hereby certify that on the 1st day of June, 1953, I posted a copy of the
foregoing ordinance in nW 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.
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City Clerk of the Ci of Kalispell, Montana