Ordinance 658 - Prohibits DUI110
ORDINANCE No. 658
AN ORDINANCE PROHIBITING THE DRIVING OR BEING IN PHYSICAL CONTROL OF A VEHICLE
WITHIN THE CITY OF KALISPELL, MONTANA, BY PERSONS UNDER THE INFLUTNCE OF INTOX+%
ICATING LIQUOR OR NARCOTIC DRUG, AND PROHIBITING 'THE DRIVING OF VEHICLES IN A
RECKLESS MANNER 111 SAID MUNICIPALITY, PROVIDING PENALTIES FOR THE VIOLATION
HEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH,
AND DECLARING AN EMERGENCY:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL:
Section I.
Persons under the influence of intoxicating liquor or of drugs.
(a) It is unlawful and punishable as provided in Paragraph (c) of this
Section for any person who is under the influence of intoxicating liquor to
drive or be in actual physical control of any vehicle within this municipality.
(b) It is unlawful and punishable as provided in Paragraph (c) of this
Section for any person who is a habitual user of or under the influence of any
narcotic drug, or who is under the influence of any other drug, to a degree which
renders him incapable of driving a vehicle, to drive a vehicle within this
municipality. The fact that any person charged with a violation of this para-
graph is or has been entitled to use such drug under the laws of this state shall
not constitute a defense against any charge of violating this paragraph.
(c) Every person who is convicted of a violation of this Section will
be punished by imprisonment for not more than thirty (30) days, or by fine of
not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars (($300.00)
or by both such fine and imprisonment. On.a second or subsequent conviction, he
shall be punished by imprisonment for not more than six (6) months, or in the dis-
cretion of the court, a fine of not less than Three Hundred Dollars ($300.DO) nor
more than Five Hundred Dollars (6500.60), or by both such fine and imprisonment.
Section II.
Reckless Driving.
(a) Any person who drives any vehicle in willful or wanton disregard
for the safety of persons or property is guilty of reckless.driving.
(b) Every person convicted of reckless driving shall be punished upon
a first conviction by imprisonment for a period of not more than thirty (30) days,
or by fine of not less than Twenty-five Dollars (425.00) nor more than Two Hundred
Dollars ($200.00), or by both such fine and imprisonment, and on a second or
subsequent conviction, shall be punished by imprisonment for not more than six (6)
months, or by a fine of not less than Fifty 'Dollars ($50.00) nor more than Three
Hundred Dollars ($300.00), or by both such fine and imprisonment.
Section III.
All ordinances and parts of ordinances in conflict herewith are hereby
repealed.
Section IV.
It being deemed by the City Council of the City of Kalispell, Montana,
that an emergency exists, this ordinance shall be in full force and effect from
and after its passage and approval.
PASSED by the City Council of the City of Kalispell, Montana,
this 2nd day of April, 1957.
APPROVED by the Mayor of the City of Kalispell, Montana,
this 2nd day of April, 1957.
Claude Walter
Mayor
ATTEST_ H J. Hunt
City Clerk
ill
I, H. J. Hunt, City Clerk of the City of Kalispell, Montana, do hereby certify
that on the 3rd day of April, 1957, I posted a copy of the foregoing ordinance
in my office and the same remained posted for a period of five days and the fore-
going is a true and correct copy of the crdinance as passed by the City Council.
' City Clerk of the City qJ Kalispell, Montana
ORDINANCE NO. 659
AN ORDINANCE PROHIBITING THE OBSTRUCTION OF SIGHT OF DRIVERS OF MOTOR VEHICLES
AT INTERSECTIONS BY BUSHES, SHRUBS, TREES OR HEDGES, WITHIN CERTAIN LIMITATIONS,
DEFINING THE VIOLATION THEREOF, AND PROVIDING FOR THE IMPOSITION OF FINES AND/OR
OTHER PENALTIES IN CONNECTION WITH THE ENFORCEMENT THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1. That in order to promote the safety of persons operating or riding
in or upon motor vehicles over, across or upon the streets of the City of Kalispell,
and to provide for the unobstructed view of persons operating such motor vehicles
over and across the intersections of said streets, it shall hereafter be unlawful
for the owner or property abutting upon any street intersection in this City, or
other person or persons occupying or having the management and control of such
property, to permit bushes, shrubs, evergreen trees or hedges to exceed a height
of thirty-six (36) inches from the ground, within a triangular area formed by
the intersection of the center lines of the adjoining streets and a straight
line connecting points on said center lines eighty (80) feet from said inter-
section, or to permit limbs of other trees to extend over the sidewalk or property
' line within said area at a height of less than eight (8) feet from the ground.
SECTION 2. Any person or persons violating the provisions of Section 1 of this
Ordinance shall be notified in writing'by the Chief of Police of the City of
Kalispell of such violation and be given fifteen (15) days' time from and after
the date of such notice, to remove any such obstruction.
SECTION 3. If such obstruction be not removed within said period, said person
or persons shall, upon conviction of violating the provisions of this Ordinance,
be fined not to exceed the sum of One Hundred Dollars ($100.00). Each and
every day that such obstruction is permitted to remain on said property following
said 15-day period, may form the basis for a separate violation hereof.
SECTION 4. In addition to the penalties provided for in Section 3 of this
Ordinance, if the obstructions be not removed within said period, the Chief of
Police of the City of Kalispell may cause the same to be removed at the expense
of said City, and the City may thereupon charge the cost of such removal against
the owner of said property, to be secured by a lien on said property as in the
case of other assessments.
SECTION 5. This Ordinance shall be in force and effect thirty (30) days from
and after its passage and approval.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS 1st DAY OF JULY, 1957.
IAPPROVED BY THE MAYOR OF THE CITY OF KALISPELL THIS 1st DAY OF JULY, 1957.
Mayor
ATTEST
City Clerk